Parental Leave Policies: Avoid these 4 Critical Mistakes in your Employee Handbook

As organizations update their employee handbook for 2022 HR compliance, parental leave policies are paramount. With a record high of open jobs, it’s essential for employers to gain a competitive edge in the current job market. In July 2021, the US had nearly 11 million open jobs. Employers must offer more than ever to woo top talent, and competitive offerings frequently include parental leave. These are four critical errors MP’s HR services experts suggest employers avoid when developing or updating parental leave employee policies for their staff handbook.

Parental Leave Policies in the Employee Handbook: 4 Errors to Avoid

Error #1: Neglecting to check state leave programs to ensure compliance.

Employers should always begin by reviewing the state parental and family paid leave programs that may be applicable. Organizations should consider states where the employer headquarters are located, as well as states that remote employees live and work. Understanding applicable state paid family leave programs is the most crucial step for maintaining HR compliance. Because these programs are complicated and vary widely, employers may choose to work with HR and compliance experts (such as those at MP) who can assist with this task. Currently, 11 states and districts offer these kinds of programs:

• California
• Colorado
• Connecticut
• D.C.
• Massachusetts
• New Hampshire
• New Jersey
• New York
• Oregon
• Rhode Island
• Washington

Error #2 Not running parental leave and Family and Medical Leave Act (FMLA) concurrently.

To reduce excessive employee absences, organizations should state in their employee handbook that they will run these programs concurrently. (Employers are able to do this.) This choice may be vital for 2021 and 2022, when many states have created COVID-related sick leave programs.

Error #3. Not setting eligibility requirements.

Depending on the state paid leave programs, employers may develop eligibility criteria for parental leave benefits. Often, an organization requires a period of service before employees are permitted to utilize these benefits.

Error #4. Offering fathers less bonding leave than mothers.

In 2021 and 2022, employers should protect themselves from discrimination claims and lawsuits by providing the same bonding leave benefits to mothers and fathers. Per the EEOC, employers will open themselves to risk of discrimination claims if they don’t provide the same amount of leave for employees of all genders. If employers wish to give extra time to birth mothers for physical recovery, they should consider directing employees to utilize other policies and benefits, such as short-term disability.