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Make sure your parental leave policy is ready for post-COVID-19 baby boom

November 2021 employment law letter
Authors: 
Vanessa Lystad, Vogel Law Firm

Early during the COVID-19 pandemic, there was speculation about a baby boom in the coming months because couples were spending virtually all their time at home together, perhaps with too much “downtime.” An immediate boom ended up not occurring, according to a recent study by University of Michigan researchers. But, the slight pause in pregnancy and childbirths is now making a reversal, meaning birth rates may be on the rise and increasing more quickly than normal. Prepare for the uptick in births by reviewing your current parental leave policies, ensuring they not only comply with applicable law but also match your company values.

Know your obligations

Employers may be legally obligated to provide parental leave to employees. On a federal level, the Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide up to 12 workweeks of unpaid, protected leave to them for the birth and care of a newborn. Individuals are eligible for the leave only if they have been employed with the company for at least 12 months, have at least 1,250 hours of service in the past 12 months, and work at a location with at least 50 employees in a 75-mile radius. If an employer has any FMLA-eligible employees, it must provide a general FMLA notice in its handbook or other materials related to benefits or leave rights.

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