Quick Takes

Published: March 2011

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Family Leave in the United States

The United States is one of the few industrialized nations that does not provide paid family leave for new parents. Some parents can take time off under the Family and Medical Leave Act of 1993, which guarantees eligible employees at companies with more than 50 employees 12 weeks of unpaid, job-guaranteed leave for the birth of a child or care of a newborn, adoption of a child, to care for an immediate family member with a serious health condition, or to take medical leave for a serious health condition. Similar statutes exist in Washington D.C. and some states: California, Connecticut, Hawaii, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. California became the first state to enact a paid family leave act in 2002, allowing employees to take 6 weeks leave up to 55% of their weekly wages (with a benefit cap) to care for a newborn, newly adopted child, or sick family member, and every employee is covered, not just those in companies with 50 employees or more. Although some individual companies offer a paid maternity leave benefit, many parents end up using a combination of short-term disability, sick leave, vacation, personal days, and unpaid family leave. ^{1, 2, 3}

Mothers’ Labor Force Participation in the United States

• A little over half of all mothers with infants are participating in the labor force, and that number is slightly up from previous years.⁴

• In 2010, mothers in the labor force with infants were 8.3% of all women participating in the labor force.⁵

Family Leave in the United States

• A 2010 benefits survey of companies that are members of the Society for Human Resource Management found that in 2010:
  • 17.0% offered paid maternity leave beyond what is covered by short-term disability, up from 14.0% in 2009. ^6,7
  • 17.0% offered paid paternity leave, up from 15.0% in 2009. ^{8, 9}
  • 24.0% offered paid family leave, down from 25.0% in 2009. ^{10, 11}
  • 20.0% offered family leave above and beyond the required federal FMLA leave, down from 22% in 2009. ^{12, 13}
  • 19.0% offered family leave above and beyond their required state FMLA leave, down from 20.0% in 2009. ^{14, 15}
  • 16.0% offered paid adoption leave, up from 15.0% in 2009. ^{16, 17}

A briefing paper from the Center for Economic Policy Research found that less than 30.0% of mothers took paid maternity leave:¹⁸

Leaves and other actions upon birth of first child19
Paid maternity leave	28.5%
Other paid leave used for maternity (including sick leave, disability, and vacation)	18.4%
Unpaid maternity leave	25.9%
Quit	24.3%
Let go	2.0%
Did not stop working	1.8%

Family Leave in Canada

Female employees are entitled to a standard 17 weeks unpaid, job-protected maternity leave. In addition, both male and female employees are granted up to 37 weeks unpaid, job-protected parental leave (35 weeks for women if being combined with maternity leave for a total of 52 weeks) in order to care for a newborn or newly adopted child. ²⁰ If unable to work as a result of sickness, injury or quarantine, an employee may be entitled to a "sickness benefit" from the Canadian Government of up to 55% of previous average insured earnings. This "sickness benefit" may become payable two weeks after earnings are interrupted due to an inability to work and provides benefit of up to 15 weeks of loss of earnings due to sickness. A combination of pregnancy, parental and sickness benefits can be received up to a combined maximum of 50 weeks. ²¹

Family Leave around the World

Maternity Leave Policies*
UK	26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave making one year in total. The combined 52 weeks is known as Statutory Maternity Leave. A recent amendment makes it mandatory for women to take a minimum of two weeks’ maternity leave immediately after childbirth (four weeks’ minimum for factory workers). Pregnant employees may also be eligible for a Sure Start Maternity Grant, a one-time, tax-free payment, offered to low income mothers to buy supplies for the baby, which does not have to be paid back.22
Netherlands	16 weeks, 100% salary, under the Sickness Benefits Act, "with pregnancy treated as an illness for the purposes of the act." If pregnancy or childbirth gives rise "incapacity for work," the employee is eligible for 100% of her salary for up to an entire year during her illness.23 Also offers parental leave for each parent for 13 weeks, 100% salary and unpaid leave for 26 weeks before the child’s 8th birthday as long as the person has been employed one year.24
Norway	9 weeks compulsory maternity leave, 100% salary. May also take parental leave for 42 weeks at 100% salary or 52 weeks at 80% salary, may share with the father.25
Italy	5 months, 100% salary. Additional 6 months at 30% pay. Full time working mothers entitled to two hours of rest per day. 30% pay if leave required for a sick child under three years of age.26
Russia	Women receive 140 days, 70 of which are to be taken prior to birth, with 70 taken after birth, with up to 100% of salary at a ceiling. The maternity leave is mandatory.27
Sweden	14 weeks, 7 prior and 7 after delivery, (least two weeks after delivery are compulsory) 100% salary. A parent is entitled to full leave for the care of a child until the child reaches 18 months. Parental leave, totaling 480 days of paid leave, consists of  two months reserved exclusively for each parent and the remainder as a family benefit.28
Iceland	12 weeks, 4 weeks of which may be taken prior to childbirth. After, 24 weeks may be taken, or 12 weeks if shared with the father. 80% salary.29
Australia	Paid parental leave (government funded) began January 1, 2011. Up to 18 weeks paid at the national minimum wage.30

Paternity Leave Policies*
UK	1 or 2 weeks. Most fathers will usually qualify to be paid Statutory Paternity Pay during ordinary paternity leave.31 The Work and Families Act 2006 allows Additional Paternity Leave and Pay for fathers for up to 26 weeks of Additional Paternity Leave, some paid, if the mother returns to work.32
Netherlands	2 days, 100% salary. Also offers parental leave for each parent for 13 weeks, 100% salary and unpaid leave for 26 weeks before the child’s 8th birthday as long as the person has been employed one year.33
Norway	46 weeks of parental leave at 100% pay and 56 weeks at 80% pay. 10 weeks of total leave is reserved for the father.34
Italy	No paternity leave. Parental leave (3 months, 80% salary).35
Sweden	2 week paternity leave after childbirth. 8 weeks of 56 week paid leave is reserved for father.36 47 weeks total paid parental leave, 116 weeks unpaid for a total of 163 weeks.37
Iceland	Each parent is entitled to a three-month maternity/paternity leave (80% salary) following birth or adoption (mother can begin leave one month before birth) and each parent can take an additional 3 months for an unpaid parental leave of 12 months in total (6 paid and 6 unpaid). 38
Australia	18 weeks paid at national minimum wage by government. Can be taken anytime within the first year after adoption. Can be transferred to either parent.39

 

10 weeks after the birth of the adopted child, and 15 weeks if two or more children are adopted. Leave granted to only one spouse.⁴⁴

Adoption Leave Policies
UK	39 weeks, 90% salary. For employees who earn enough to qualify; employees who do not may take unpaid leave. Begins on the day the child becomes a resident of the household, or up to fourteen days prior if that date is unknown.40
Netherlands	4 weeks. Taken from up to 2 weeks before the adoption takes place to 16 weeks after.41
Norway	41 weeks, at 100% or 51 weeks 80% salary. Similar to maternity and paternity leave benefits.42
Italy	Adoptive and foster parents of children under age 6 have the same right to the three-month leave following adoption and the optional ten-month leave after, for children under age 3. 43
Russia
Sweden	14 weeks, 100% salary. A parent is entitled to full leave for the care of a child until the child reaches 18 months. Parental leave, totaling 480 days of paid leave, consists of two months reserved exclusively for each parent and the remainder as a family benefit the eighteen month period is counted from the time when the parent receives child into her or his care.45
Iceland	24 weeks, either taken by one spouse or split between the two. Begins either at the time the child begins living with the parent, or when travel to get the child begins. 12 additional weeks are given for multiple adoptions. 80% salary.46
Australia	18 weeks paid at national minimum wage by government. Can be taken anytime within the first year after adoption. Can be transferred to either parent.47

* When possible, the data was taken from government sources from each country. Finding current straightforward data on global maternity leave policies, however, is challenging. The following table, from the Clearinghouse on International Developments in Child, Youth and Family Policies at Columbia University, provides additional resources on maternity, paternity, and parental leave policies in OECD countries from 1998-2002: http://www.childpolicyintl.org/issuebrief/issuebrief5table1.pdf

SOURCES

¹ U.S. Department of Labor, "Federal vs. State Family and Medical Leave Laws."

 

² BabyCenter, "Maternity Leave: The Basics," (2006).

³ Paid Family Leave, California. Labor Project for Working Families for the California Work and Family Coalition.

⁴ Current Population Statistics, Table 6. Employment status of mothers with own children under 3 years old by single year of age of youngest child and marital status, 2008-09 annual averages, (2010) 

⁵ Current Population Statistics, Archived News Releases, Employment Characteristics of Families 

⁶ Women in the Labor Force: A Databook (2010 Edition), Table 6. Employment status of women by presence and age of youngest child, marital status, race, and Hispanic or Latino ethnicity, March 2009. 

⁷ Society for Human Resource Management, 2010 Benefits Survey Report

⁸ Society for Human Resource Management, 2009 Benefits Survey Report

⁹ Society for Human Resource Management, 2010 Benefits Survey Report

¹⁰ Society for Human Resource Management, 2009 Benefits Survey Report

¹¹ Society for Human Resource Management, 2010 Benefits Survey Report

¹² Society for Human Resource Management, 2009 Benefits Survey Report

¹³ Society for Human Resource Management, 2010 Benefits Survey Report

¹⁴ Society for Human Resource Management, 2009 Benefits Survey Report

¹⁵ Society for Human Resource Management, 2010 Benefits Survey Report

¹⁶ Society for Human Resource Management, 2009 Benefits Survey Report

¹⁷ Society for Human Resource Management, 2010 Benefits Survey Report

¹⁸ Society for Human Resource Management, 2009 Benefits Survey Report

¹⁹ Heather Boushey, "Family-Friendly Policies: Boosting Mothers’ Wages," Center for Economic and Policy Research (April 6, 2005). 

²⁰ Heather Boushey, "Family-Friendly Policies: Boosting Mothers’ Wages," Center for Economic and Policy Research (April 6, 2005). 

²¹ Department of Justice, Canada, "Canada Labour Code (R.S., 1985, c. L-2 ), Part III: Standard hours, wages, vacations, and holidays." P.175.  

²² Human Resources email discussion with Stephanie Yaboni, Catalyst (February, 2011). 

²³ Directgov, Statutory Maternity Leave.

²⁴ European Foundation for the Improvement of Living and Working Conditions, "Maternity Leave: Netherlands" (2007). 

²⁵ British Employment Law, "Paternity leave/international comparisons" (May 2007). 

²⁶ The Clearinghouse on International Developments in Child, Youth and Family Policies at Columbia University, "Maternity, paternity, parental and family leaves". 

²⁷ The Clearinghouse on International Developments in Child, Youth and Family Policies at Columbia University, "Maternity, paternity, parental and family leaves." 

²⁸ International Labor Organization, Maternity at Work: A Review of National Legislation: Findings from the ILO Database of Conditions of Work and Employment Laws (2010). 

²⁹ The Clearinghouse on International Developments in Child, Youth and Family Policies at Columbia University, "Maternity, paternity, parental and family leaves." 

³⁰ The Clearinghouse on International Developments in Child, Youth and Family Policies at Columbia University, "Maternity, paternity, parental and family leaves." 

³¹ Australian Government. Family Assistance Office. "Paid parental leave scheme." 

³² Department for Business, Enterprise, & Regulatory Reform, Employment Matters, "Working fathers. Rights to leave and pay: a guide for employers and employees." 

³³ Department for Business, Enterprise, & Regulatory Reform, Employment Matters, "Additional paternity leave and pay." 

³⁴ British Employment Law, "Paternity leave/international comparisons" (May 2007). 

³⁵ Norway’s Official Website Abroad "Parental Benefits and Paternity Leave." 

³⁶ British Employment Law, "Paternity leave/international comparisons" (May 2007). 

³⁷ The Clearinghouse on International Developments in Child, Youth and Family Policies at Columbia University, "Maternity, paternity, parental and family leaves." 

³⁸ Rebecca Ray, Janet C. Gornick, and John Schmitt. Parental Leave Policies in 21 Countries: Assessing Generosity and Gender Equality, Center for Economic and Policy Research, September 2008.

³⁹ The Clearinghouse on International Development at Columbia University http://www.childpolicyintl.org/countries/iceland.html#maternity

⁴⁰ Australian Government. Family Assistance Office. "Paid parental leave scheme." 

⁴¹ Directgov--Parents, "Adoption leave and pay: who is entitled and what you could get" (2008). 

⁴² Working in the Netherlands, http://www.access-nl.org/our_services/pdf/booklets/working_in_the_netherlands.pdf

⁴³ Ministry of Children, Equality and Social Inclusion, Press Release (2006) 

⁴⁴ The Clearinghouse on International Developments in Child, Youth and Family Policies at Columbia University, "Maternity, paternity, parental and family leaves." 

⁴⁵ International Labor Organization, "Russian Federation: labor code of the Russian Federation of 31 December 2001" (2001). 

⁴⁶ Government Offices of Sweden, "Parental Leave Act." 

⁴⁷ The Clearinghouse on International Development at Columbia University http://www.childpolicyintl.org/countries/iceland.html

⁴⁸ Australian Government. Family Assistance Office. "Paid parental leave scheme." 

Updated March 28, 2011