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Parental Leave

Parental Leave policies explain how eligible employees can take job-protected time off (in some cases paid time off) for the birth of a child or the placement of a child through adoption or foster care, including notice, coordination with FMLA or state leave programs, and return-to-work protections.

How to Write a Parental Leave Policy

  • Start with "why" and introduce the concept.
  • Define the covered reasons for parental leave (birth, adoption, foster placement, and related medical appointments where applicable).
  • State whether leave is paid or unpaid and how pay is calculated when paid.
  • Explain how accrued paid time off can be used with parental leave.
  • Describe eligibility requirements and any limits on the total leave available.
  • Explain how parental leave coordinates with other leave laws.
  • Set expectations for requesting leave and providing notice.
  • Address documentation that may be required to confirm the leave qualifies.
  • Explain benefits continuation during leave and any employee premium payment expectations.
  • Describe return-to-work and reinstatement expectations, including any limited exceptions.
  • Include a non-retaliation commitment for requesting or taking parental leave.
  • Tell employees where to go with questions or to start a request.

 

For advice on writing a Parental Leave policy in a specific jurisdiction, see below.

How to Write a Parental Leave Policy for a Specific Jurisdiction

State-Specific Parental Leave Policies

Reminder

The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.