Question: “How do we balance maternity/paternity leave, FMLA, state law and our own policy?”
Answer: First, any organization with over 50 employees is subject to the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave for eligible employees (regardless of gender) for birth or placement of a child and for bonding. State and local laws may provide additional rights, such as paid family leave benefits or coverage for smaller employers. You must always adhere to the law that grants the employee the most protection.
When it comes to paid leave, the key is differentiating between time for medical recovery from childbirth and time for parental bonding. The Equal Employment Opportunity Commission (EEOC) is clear: if paid bonding leave is offered, it must be equally available to both parents, regardless of gender or whether the child is welcomed by birth or adoption.
Offering paid bonding leave to mothers but not fathers can be seen as discriminatory. While there’s a strong argument that paid leave for pregnancy-related disability (for birthing mothers) is distinct and not required for fathers, paid bonding leave must be equitable.
Your internal policy should take into account FMLA, EEOC and state requirements, if applicable, and be clearly documented in your staff handbook. Our recommended policy structure aims for both compliance and compassionate care, using the law as a floor, not a ceiling.
Ultimately, this is an opportunity for your organization to lead with compassion, fairness, and integrity, demonstrating how deeply you value families. Your policies should reflect this commitment to supporting both moms and dads, whether through birth or adoption.
Original content by HR Ministry Solutions. This information is provided with the understanding that Payroll Partners is not rendering legal, human resources, or other professional advice or service. Professional advice on specific issues should be sought from a lawyer, HR consultant or other professional.
