How Do I Write My First Parental Leave Policy?

We’ve seen media coverage and online chatter about U.S. parental leave benefits - or rather, a lack thereof - gain momentum over the past few years. Companies that haven’t previously felt the need for a parental leave policy are quickly realizing the importance of having a framework in place to support employees through their major life events. 

I’ve come across many companies which think that, because they’re small, they don’t need policies and they’ll just handle situations as they arise. I can’t recommend the opposite approach strongly enough. Having a policy in place will save you time down the road, set you up to apply consistent and equitable practices across your team, and, most importantly, demonstrate to your employees that you’re proactively thinking of them. 

Realizing the need for a policy is the first step, but then what? I’ve outlined recommendations on how to tackle putting together your first parental leave policy:

1. Start with why: As with the development of any program or policy, it’s important to start with clear alignment on what you are trying to accomplish. Are you looking to attract talent, to offer strong benefits to your existing employees, or to make sure you’re compliant? Hopefully the answer is all of the above, but identifying if you have priorities is critical because it will help guide the parameters you build.

   During this step, I also recommend doing some socialization with key stakeholders and leadership. Gathering buy-in will help build your network of internal supporters, is a great way to solicit feedback, and is also helpful with predicting objections or questions that may arise from the policy.

   
   

2. Do your research: Leave of absences in the U.S. can be incredibly complicated. Understanding the difference between wage replacement and job protection is confusing enough and then you layer on state and federal requirements (not to mention that each state has their own set of laws). Begin by familiarizing yourself with the Family Medical Leave Act (FMLA) and any state laws which are applicable based on your employee footprint. These regulations outline the minimum benefits that you need to offer and are a good starting point. 

   It’s also helpful to go beyond the minimum requirements and understand the benchmarks of what other companies are doing. There is a lot of publicly available information on the topic such as TheSkimm’ Show Me Your Leave campaign. Any data that you can leverage to build your policy will inherently strengthen your case for approval.

   
   

3. Be clear and keep it simple: While it can feel like you need to be specific and try to address every nuance in your policy, the reality is that you won’t be able to. Leave of absences are inherently complex with fluid timelines so a simple and clear policy is always best. Consider including details about:

   • Compensation - what should employees expect to get paid while on leave

   • Eligibility requirements

   • Timing parameters - when can someone start their leave and how long can they take

   • Job protection (if applicable)

   • How and who to make requests to

   • Where employees should go with questions

   Remember that oftentimes employees will refer to this policy before they are ready to speak with someone and share their news so you should try to answer questions that you anticipate may come up early in the process.

   
   

4. Inclusivity is crucial: Did you notice that I’ve used the words “parental leave” instead of “maternity” or “paternity” leave? That’s intentional. Regardless of how someone becomes a parent, it’s a monumental life change and you want to create a policy that recognizes that. Words matter so choose them carefully. Of course you can provide additional benefits to birthing parents, but consider if those benefits are perhaps disability-related instead of being classified as parental leave. If so, refer to a separate policy for that portion of the leave. In a world where we’re trying to progress equity in all forms, why not consider giving equal parental leave across all of your employees?

   
   

5. Think through your “post-policy” life: What I mean by this is that it’s always important to consider how you will manage policies once they are in place. As I’ve already said several times, leave of absences are complicated so it’s important to plan for how you will answer questions, administer leaves, process payroll, communicate with managers, etc. 

   What is your roll out plan? Do you need to train leadership, managers, HR, Payroll, employees, etc? What type of technology can you leverage? Be thorough with this step and don’t be afraid to ask your network. There’s no need to recreate the wheel and it’s a great opportunity to learn from others.

Writing any sort of new policy can be daunting, especially when it has an impact on your employees’ lives and creates financial implications for the company. However, my biggest piece of advice is to be thoughtful and remember that the best policies are those that have been written by people for people - they are clear, simple, and answer anticipated questions. Still looking for more guidance? Reach out and I’d be happy to help.