12 Issues HR Must Consider When Dealing With Family Leave
Legal, Ethical, and Work Coverage Issues Occur When an Employee Has a Baby
Paid or not, 80 percent of parents take a family leave following the birth of a child. So while soon-to-be-parent employees are busy painting nurseries and reading "What To Expect When You're Expecting," you can start planning for their family leave.
When it comes to family leave, Human Resources must cover a lot of bases. You are legally required to do some things while you must do others in order to keep the work flowing and take care of employees who are new parents. Your family leaves checklist must consider these twelve items.
Know the Rules About Family Leave
The United States is one of the only countries in the world that doesn’t require paid maternity or paternity leave, but the Family Medical Leave Act (FMLA) requires you to provide 12 weeks of unpaid leave for eligible employees.
Understand this law and what employees are entitled to receive. For instance, employees aren’t required to take the full 12 weeks in one chunk—they can take the time intermittently.
Birth moms, partners, and adopting parents all qualify (assuming they meet the criteria). Get to know this law, as well as any other laws in your state (California, Hawaii, New Jersey, New York, and Rhode Island have specific paid-parental-leave laws, so look closely). More employment laws are adopted regularly so it does pay to stay knowledgeable about the laws in your jurisdiction.
Write a Formal Policy About Family Leave
Document the company’s policy about family leave. Yes, abide by the laws, but your company can decide other details. Consider these options when you think about family leave.
- Will you offer paid time off for family leave? It’s not required by federal law, but there are many benefits for doing so. Google increased the retention of new mothers by 50 percent by simply offering a little extra paid time off. If you offer paid time off, specifically state how much time is offered and which employees qualify. For example, full-time employees receive x amount, but part-time employees don’t qualify.
- Will the paid time off for family leave run concurrently with the FMLA time? If employees receive two weeks paid time off, decide if that time will run separately or concurrently with the FMLA time. If it runs separately, employees could potentially take 14 weeks off. If it runs concurrently, you should simply pay the employee during two of the 12 weeks they’re entitled to through FMLA.
- Will you have a universal plan for family leave? If you offer a period of paid time off to employees, decide if every parent will receive the exact same amount of time off or if different situations will receive different treatment. For instance, should birth mothers receive two weeks of paid time off, but adoptive parents or non-birthing partners receive one week paid? That’s up to the company, but write down the family leave policy so similar situations are treated consistently.
Coordinate Work for Family Leave
Make sure managers work with employees well in advance of the family leave to coordinate work while the employee is gone. Get all of the details covered, clear down to having their emails forwarded to a coworker (if necessary).
This will decrease stress on coworkers and eliminate potential bottlenecks. Managers can work with their team to cross-train responsibilities, which comes in handy not only for family leave time but also when losing an employee for other reasons.
Remember Employee Privacy About Family Leave
Not everyone wants the entire company to know that they’re expecting or have had a baby. And actually, HR isn’t required to even tell managers specifically why an employee is out on FMLA (although they will likely know why an obviously pregnant employee is suddenly gone for a few weeks).
Consider how openly the employee discussed the pregnancy with coworkers and act with respect. If the employee wants to circulate pictures of the newborn on the company social site, on Facebook or via email, great. But you shouldn’t do it.
Make Benefits Accessible
Benefits are important during a pregnancy and birth, and lack of them or confusion about them generates stress for employees. Almost all employees want benefits communication customized to life events. While health needs are impossible to predict, they’re certainly easier to anticipate when someone is expecting a child.
It’s a thin line to walk, but provide as much help as possible without disrespecting the employee's privacy. For instance, it’s inappropriate to tell a pregnant employee that your health provider has a nursing support hotline unless they specifically ask.
You don’t have any idea what choices they’ll make for their child), but you can still help by reminding them that the Employee Assistance Program (EAP) has good support resources.
Have a secure system online where employees can access details about benefits or give employees copies of applicable paperwork. Whenever possible, direct employees to places where they can research and find answers. This results in less work for you and empowers them to navigate and explore benefits on their own, all while respecting their privacy.
People want flexibility but draw the necessary lines. The new title of parent doesn’t make it acceptable for full-time employees to only work 25 hours a week. It probably isn’t reasonable for employees to bring their new baby to work all of the time. However, it’s probably not a huge deal if Erica arrives at 9:15 am while figuring out the daycare drop-off schedule.
Flexibility can help employees adjust to their new responsibility. Employees should have a team of people who support them at work, and offering flexible hours illustrates your support.
Some companies find it mutually beneficial to allow employees to slowly ramp back into working. Allowing employees to come back part-time for a few weeks after family leave gives them the option to bring in money while not getting overwhelmed. It also eases the burden of having an employee out of the office.
If employees use all their FMLA time but still need a little more time to recover, try to extend it with unpaid leave time. Or, if employees don’t qualify for FMLA (and according to paid parental leave advocates, 40 percent of U.S. employees don’t), try to accommodate them anyway.
Create a Contingency Plan
Flexibility may also benefit the company if a position change is requested before or after an employee takes parental leave. For instance, a parent may want to cut back hours or switch some (or all) of their work time to telecommuting to stay home with his or her new child.
You are only legally required to restore a position of equal pay, benefits, and prestige to an employee returning from FMLA, but employees might work more effectively if additional adjustments are made.
Not all companies can afford to make these changes, but sometimes accommodations are possible. Some parents want to change their work plan following a birth and may cut work out of their plan entirely. And, don’t assume that only female parents will choose to leave the workforce behind.
According to the National At-Home Dad Network, " The most accurate count of stay-at-home dads was estimated at 1.4 million by Dr. Beth Latshaw in 2009. That number has likely increased based on trends from other sources to at least 1.75 million."
Consider Employee Benefit Changes
With all the excitement of a new baby, employees may forget that the new bundle of joy is also a new dependent they need to add to their health insurance plans. Remind employees of the dates and windows where they can and need to change their benefits elections.
Other benefits changes to consider relate to employees taking leave. During unpaid FMLA leave, employees won’t collect a paycheck. How will they pay for their benefits premiums? (Legally, if they’re using FMLA time, the company must provide coverage, so figure out a way that they can still make their contribution.)
You need to make decisions about several other matters of policy for your employee handbook and implementation.
- Decide if employees will continue accruing time off during their leave. If they won’t accrue, take this into account when calculating time off or adjust for this leave in the company’s time off software.
- If employees won’t return after the birth, cash out vacation time on the final paycheck if this is stipulated in the company’s vacation policy.
- Check the vacation policy to determine whether employees can append any accrued vacation time onto the parental leave or FMLA time they’re already taking.
All of these details should be included in your time off policies. If they aren’t, add them so that each employee is treated equally.
Occasionally, the birth of a child is not a celebratory event in people’s lives. Unplanned pregnancies happen. Late-term miscarriages and infant mortality are devastating. An employee may choose to place their child for adoption or terminate a pregnancy. Approach any of these situations with sensitivity and respect.
Work with the employee and the employee’s manager to sensitively handle transitioning back into work. Also, consider some situations (like miscarriages) in the company’s bereavement policy.
Painful life events are difficult for employees but also difficult for the people at work who care about them. Think about how the company can sensitively (and privately) handle these situations beforehand.
A small, nice gesture from the organization will remind employees that they have a team of coworkers cheering them on back at the office. Wait a few days after the birth to make sure everything goes well, and then send some flowers, a card, or a onesie. Consider what that employee will appreciate (if they’re very private, take that into account), and try to individualize the gesture.
Think about Post-Baby Accommodations
For many companies, parental benefits don’t end when family leave does. Consider what accommodations employees will need or appreciate. The Fair Labor Standards Act (FLSA) requires companies to provide nursing mothers with break time and somewhere private to express breast milk.
Working parents without a stay-at-home partner will also likely need childcare—which ranks as the biggest budget item for American families. On average, American families spend $9,589 per year on childcare up to $28,353 for an in-home caregiver.
Consider Additional Benefits for Employees
Consider creating some type of childcare benefit for employees like subsidizing costs or even providing on-site or close-to-work childcare options. 83 percent of employees who have childcare benefits say that this helps them reduce stress and increase work-life balance.
When it comes to childcare benefits, employees will appreciate the help and the only limit is in how creatively you can approach the benefit (and what the company can afford and accommodate).
Help employees have a restful—not stressful—family leave while ensuring the business is adequately taken care of both while they’re gone and when they return.
Follow the rules and establish guidelines to ensure compliance and fair treatment for all employees who take family leave.
Big changes in the lives of employees are exciting and a transition for everyone. With a little planning, you can navigate family leaves with ease.