Family Leave - U.S., Canada, and Global
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 at 55% salary 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
Mothers’ Labor Force Participation in the United States
- About half of mothers with infants are participating in the labor force, and that number is slightly down from previous years. 3
- In 2007, mothers in the labor force with infants were 6.7% of all women participating in the labor force. 3
Family Leave in the United States
- A 2007 benefits survey of companies that are members of the Society for Human Resource Management found that in 2007:
- 18.0% offered paid maternity leave beyond what is covered by short-term disability, up from 12.0% in 2006. 4
- 17.0% offered paid paternity leave, up from 13.0% in 2006. 4
- 33.0% offered paid family leave, up slightly from 32.0% in 2006. 4
- 27.0% offered family leave above and beyond the required federal FMLA leave, which was the same in 2006. 4
- 24.0% offered family leave above and beyond their required state FMLA leave, down slightly from 25.0% in 2006. 4
- 20.0% offered paid adoption leave, up from 16.0% in 2006. 4
- A briefing paper from the Center for Economic Policy Research found that less than 30.0% of mothers took paid maternity leave: 5
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Leaves and other actions upon birth of first child |
|
|
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). 6 Unlike in the U.S. however, employees in Canada pay into an Employee Insurance Fund from their paychecks. Depending on how much they have paid in, how long they have been working, and how much they earn, employees who take maternity leave, parental leave, sick leave, or are laid off will receive money from this fund and will therefore earn a percentage of their wage throughout their entire leave from work. 7
Family Leave around the World
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Maternity Leave Policies* |
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UK |
26 weeks. Most mothers will usually qualify to be paid Statutory Maternity Pay or Maternity Allowance during ordinary maternity leave. Additional maternity leave available for up to 26 weeks, usually unpaid. 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) for children born on or after 5 October 2008. Pregnant employees may also be eligible for a Sure Start Maternity Grant,8 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.9 |
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Netherlands |
16 weeks, 100% salary, under the Sickness Benefits Act, "with pregnancy treated as an illness for 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. 10 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. 11 |
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Norway |
3 weeks prior to the birth and 6 weeks after, 100% salary. 12 May also take parental leave for 44 weeks at 100% salary or 54 weeks at 80% salary, shared with the father. 13 |
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Italy |
20 weeks, 100% salary. Mothers may optionally abstain from work for an additional 6 months at 30% pay, and unpaid if the child is ill and under three years of age. 11 |
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Russia |
10 weeks prior to the birth of the child plus 10 weeks after, “with social payments in the amount specified by the law.” 14 |
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Sweden |
14 weeks, 7 prior and 7 after delivery, 100% salary.15 Parental leave follows for 76 weeks; 56 weeks at 100% (if 20% is covered by the employer) or 80% salary, 12 weeks at “a low flat rate,” and 12 weeks unpaid. 8 weeks of this is lost if not taken by the father.19 |
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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.19 |
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Australia |
6-12 weeks, 100% salary. 16 |
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Paternity Leave Policies* |
|
|
UK |
1 or 2 weeks. Most fathers will usually qualify to be paid Statutory Paternity Pay during ordinary paternity leave.17 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.18 |
|
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.11 |
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Norway |
6 weeks, 100% salary. May also take parental leave for 44 weeks at 100% salary; 54 weeks at 80% salary, shared with the mother.13 |
|
Italy |
12 weeks, 80% salary.11 |
|
Russia |
10 weeks after the birth of the child, may be taken in full or in part. 14 |
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Sweden |
2 weeks after childbirth, at 100% salary. Parental leave follows for 76 weeks; 56 weeks at 100% (if 20% is covered by the employer) or 80% salary, 12 weeks at “a low flat rate,” and 12 weeks unpaid. 8 weeks of this is lost if not taken by the father. 19 |
|
Iceland |
2 weeks. After, 24 weeks may be taken, or 12 weeks if shared with the mother. 80% salary.19 |
|
Australia |
Many companies offer paid paternity leave for a shorter time than maternity leave, unless the father is the primary caregiver, then the full maternity leave is granted. 16 |
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Adoption Leave Policies |
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|
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.20 |
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Netherlands |
4 weeks. Taken from up to 2 weeks before the adoption takes place to 16 weeks after.21 |
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Norway |
51 or 41 weeks, at 100% or 80% salary. Similar to maternity and paternity leave benefits.12 |
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Italy |
12 weeks at 80% salary, which may be followed by additional leave of up to 40 weeks at 30% salary.19 |
|
Russia |
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.14 |
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Sweden |
76 weeks; 56 weeks at 100% (if 20% is covered by the employer) or 80% salary, 12 weeks at “a low flat rate,” and 12 weeks unpaid. Can be taken by either spouse, but only one is entitled to leave.19 |
|
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.19 |
|
Australia |
12 weeks, 100% salary for women. Same benefits as those of maternity and paternity leave.16 |
*When possible, the data was taken from government sources from each country. Finding current straightforward data on global maternity leave policies, however, is challenging. This 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:
SOURCES
1 U.S. Department of Labor, “Federal vs. State Family and Medical Leave Laws.”
2 BabyCenter, “Maternity Leave: The Basics,” (2006).
3 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, 2006-07 annual averages,” (2007).
4 Society for Human Resource Management, “2007 Benefits Survey Report,” (2007).
5 Heather Boushey, “Family-Friendly Policies: Boosting Mothers’ Wages,” Center for Economic and Policy Research (April 6, 2005).
6 Department of Justice, Canada, “Canada Labour Code (R.S., 1985, c. L-2 ), Part III: Standard hours, wages, vacations, and holidays.”
7 Human Resources and Skills Development Canada, telephone discussion (September 8, 2005).
8 Department for Business, Enterprise, & Regulatory Reform, Employment Matters, “Maternity entitlements and responsibilities: a guide. Babies due on or after 1 April 2007 – Part 2.”
9 Jobcentre Plus, “Working age benefits social fund sure start maternity grant.”
10 European Foundation for the Improvement of Living and Working Conditions, “Maternity Leave: Netherlands,” (2007).
11 British Employment Law, “Paternity leave/international comparisons,” (May 2007).
12 Norway, society and policy, “Parental and adoption benefits.”
13 Norway, society and policy, “Norwegian fathers choose paternity leave,” (Jan. 2007).
14 International Labor Organization, “Russian Federation: labor code of the Russian Federation of 31 December 2001,” (2001).
15 Government Offices of Sweden, “Parental leave act,” (2008).
16 Equal Opportunity for Women in the Workplace Agency,“Maternity Leave Factsheet,” (2005).
17 Department for Business, Enterprise, & Regulatory Reform, Employment Matters, “Working fathers. Rights to leave and pay: a guide for employers and employees.”
18 Department for Business, Enterprise, & Regulatory Reform, Employment Matters, “Additional paternity leave and pay.”
19 Kirstin Lund, “International best practices for maternal and parental benefits,” (2004).
20 Directgov--Parents, “Adoption leave and pay: who is entitled and what you could get,” (2008).
21 Ministry of Social Affairs and Employment, The Netherlands, “Adoption leave.”
UPDATED September 24, 2008
