Maternity leave?
kkoehler
19 Posts
I am updating an employee handbook that I handed out to my employees a couple of years ago. One of the changes to be made refers to time taken off due to birth, adoption, or Foster care placement of a child.
Our policy currently heads with the above and has a bullet underneath that states *6 weeks paid. It does not specify to the mother or father. What I am wanting to do is show the father 3 days paid and specify 6 weeks for the new mother. This sounds somewhat discriminate. Is it and how should I write this policy where there are no open windows for law suit? What if I make the heading Maternity only and address adoption and foster care when and if it occurs?
Our policy currently heads with the above and has a bullet underneath that states *6 weeks paid. It does not specify to the mother or father. What I am wanting to do is show the father 3 days paid and specify 6 weeks for the new mother. This sounds somewhat discriminate. Is it and how should I write this policy where there are no open windows for law suit? What if I make the heading Maternity only and address adoption and foster care when and if it occurs?
Comments
I'm not a lawyer, and I don't know if you can set a flat time (like six weeks) for recovery. And I wonder if the law would require you to give six paid weeks to a man who has surgery.
You might find an article or this in the Subscribers Area ([url]http://www.hrhero.com/lc/[/url]) or you might want to talk to a lawyer.
[url]http://www.employerscounsel.net/[/url]
Good luck.
James Sokolowski
HRhero.com
At my previous company we had 100% paid short-term disability which kicked in after the 7th consecutive day off, up to 90 days, so mom could use that in order to be paid. After 90 days long-term disability could start which was through an insurance company and paid something like 60% of their pay.
Our company does not pay for bonding time, although mothers and fathers are both allowed 12 weeks unpaid leave (FMLA) if they choose.
If the mother gives birth (vs. adoption), then it falls under our STD plan, which pays for her recovery time. Her doctor determines the amount of time needed, and if that exceeds 6 weeks they must show why extended time is necessary.
Separating the issues this way avoids some of the discrimination concerns you mention.
The 2nd Policy deals with the Medical Leave conditions for all physician related situations. It provides for the compensation issues related to the FMLA Policy. Compensation being one of those. Spousal time off maybe granded under FMLA, but it is not compensated by the company. The individual may choose to use vacation/sick days to compensate self. 6 weeks for both employees is the max allowed. 6 weeks for a normal birth and 8 weeks for the "C" section birth are the guidelines. The physician can order more time off, but our polcy will shut off the compensation based on the guidelines in the policy. We have had 2 employees that were allowed to work right up to the birth date. We have a current employee that wants to take a 9 month leave of absence. Should the physician believe that is the circumstance, we would not be able to approve a 12 week FMLA and Medical Leave request, because it is certified that the individual and her physician believe that she should not be working for 8 months of this expected birth.
Your small company can pretty much do what ever the President/ownership tells you to do in the development of a policy. I strongly recommend you have both a medical leave policy and a Personal time off Policy for medically supported situations. This way the company can follow and apply the words accordingly with any case and be consistent in your execution. A male broken leg is no different than a expecting female employee! Whatever you do for one you will do for the other!
PORK