Paid Maternity Leave

Running head: PAID MATERNITY LEAVE: CAN THE U.S.
ALIGN 1
Paid Maternity Leave: Can the U.S. Align with the Rest of the
World?
Martha Torres
MGT 360
Siena Heights University

PAID MATERNITY LEAVE: CAN THE U.S. ALIGN 2
Paid Maternity Leave: Can the U.S. Align with the Rest of the
World?
Maternity leave refers to the temporary period of absence
given to a female employee before and after the birth or adoption
of a child (Neckerman, 2017). Despite being the worlds largest
economic power, the United States stands with Papua New
Guinea and Suriname as the only three countries in the world
that have no legal provisions to provide paid maternity leave
(Neckerman, 2017). In the United States, maternity leave is still
primarily regulated by the 1993 Family and Medical Leave Act
(FMLA), which is enforced by the U.S. Department of Labor (Dias,
2011).
The FMLA applies to organizations with more than fifty
employees and requires them to provide up to twelve weeks of
unpaid leave for the birth and care of a newborn child or an
adopted child (Dias, 2011). In addition, FMLA allows employees
to take unpaid leave to care for an immediate family member
with a serious health condition or to care for him or herself if the
employee has a serious medical condition and is unable to work;

these benefits of FMLA are only made available if the employee
has worked for their current employer for at least 1,250 hours
over the past twelve months (Dias, 2011).
The aforementioned set of provisions of the FMLA law have
been widely criticized as lacking when it comes to maternity
leave. One of the reasons critics reject FMLA as a fair and
comprehensive maternity leave option is because it does not
require employers to provide any kind of pay during the period of
leave; leaving this benefit as an option for employers and noting
that only about one in ten workers receives some type of
voluntary payment (Neckerman, 2017). Also, opponents of FMLA
as the sole regulator of maternity leave state the lack of federal
legislation mandating paid leave creates the unrealistic
assumption that families have saved enough on their own to
finance the twelve weeks of missed income (Necekerman, 2017).
Finally, the conditions under which an employee is eligible for
FMLA make it less accessible than most think; estimating that
only about half of U.S. workers qualify for the leave benefits the
law provides (Neckerman, 2017).

The lack of paid maternity leave and the limitations of the
FMLA rule have, according to journalist Maya Dusenberry, worsen
inequality among U.S. female workers (2015). Dusenberrys logic
for such statement is simple; she states that low-income female
workers are both less likely to receive any type of voluntary
employer paid maternity leave and less able to live without some
form of income, forcing poor and undereducated mothers to
return to work sooner than their richer counterparts (Dusenberry,
2015). Low-wage female workers are even further excluded from
unpaid leave under FMLA; the two main reasons are the
provisions of the law that covers only employees who have been
with their present employer for at least one year and excludes
part-time workers. These components leave out low-income
mothers who are more likely to change jobs frequently and who
often hold multiple part-time jobs (Dusenberry, 2015). Many low-
income mothers have to choose between risking their financial
security by taking unpaid leave or risking their health and well-
being by returning to work a few weeks after birth. Whatever the
choice is, low-income mothers are more likely to be ultimately

forced out of their jobs; the costs associated with child care and
commuting to work are the main contributors, further widening
the gap between the rich and the poor (Dusenberry, 2015).
The difference between industrialized Western nations and
the United States when it comes to implementation of social
welfare policies, like paid maternity leave, could have a cultural
explanation. Christina Neckerman notes that Europeans,
regardless of their political affiliations, are much more likely than
Americans to accept the responsibility of the state to provide
assistance to those in need (2017). Present day Americans
continue to be much more resisting to a strong collectivism or
welfare state than people in most European countries; a possible
explanation for this opposition could be the high entrepreneurial
spirit that a lot of Americans have (Neckerman, 2017). For
example, given the fact that generous maternity leave policies do
impose significant expenses on a business, a lot of Americans
reject the idea of such social policy because they perceive it as a
threat to their own potential or future business endeavors
(Neckerman, 2017). In the U.S. there is a greater tendency for

people to think about policies not from the perspective of their
current social or economic status, but from the perspective of
where they assume they will be in the future socially and
economically, therefore identifying themselves more with the
social class they aspire to reach (Neckerman, 2017).
Despite the substantial costs that paid maternity leave
places on organizations, some argue that if the U.S implemented
a policy on paid maternity leave the economic output would grow
by about $500 billion annually since more women would join and
stay in the workforce (Hamm & Glynn, 2016). In 2015, the Joint
Economic Committee of the United States Congress released a
fact sheet on the economic benefits of paid family and medical
leave; the factsheet published in the U.S. Congress website
states that a paid family leave policy helps workers stay in jobs in
which they have developed skills, increasing overall productivity
and labor force participation (jec.senate.gov, 2015). Furthermore,
access to paid maternity helps workers to better manage their
home and work commitments, therefore increasing employee
morale, work satisfaction, and helping organizations avoid the

costs of recruiting and training new employees (jec.senate.gov,
2015). Finally, the fact sheet states that women with access to
paid maternity leave are significantly more likely to return to their
pre-leave employer and pre-leave wages, increasing their long-
term earnings and it mentions that women who have access to
paid leave, are forty percent less likely to request public
assistance in the year after giving birth than those women who
had no leave at all (jec.senate.gov, 2015).
Besides the economic benefits that supporters of a paid
maternity leave legislation present, others focus on the overall
improvements in well-being and quality of life that a universal
maternity leave policy would bring to U.S families. Research by
the Centers of Disease Control and Prevention found that female
workers who received at least twelve weeks of paid maternity
leave were more likely to breastfeed their children than those
who did not get any paid leave (Rubin, 2016). In addition to
higher breastfeeding rates, higher immunization rates and lower
rates of infant mortality were linked to paid maternity leave
(Rubin, 2016). For mothers, lower rates of post-partum

depression have been reported in conjunction with receiving
some type of paid maternity leave; getting enough time to
recover physically and emotionally after giving birth and allowing
time to adjust to new routines can significantly reduce stress
once a woman returns to the workforce (Rubin, 2016).
Proponents of universal paid maternity leave continue to
assert to the deficiencies that maternity leave has currently under
FMLA, claiming its provisions for working mothers, especially low-
income earners, are weak for todays environment. A 2012 study
revealed that just twenty eight percent of U.S. children had a
stay-at-home mother, versus nearly fifty percent in the 1970s
and that more than sixty five percent of children under age six
have either a single working parent or two working parents
(Hamm & Glynn, 2016). Statistics like these, in combination with
the agreement that paid maternity leave is important to both
families and the economy, have lead some U.S. states to take the
lead at launching mandates that guarantee some type of paid
leave. In 2004 California became the first state to provide up to
six weeks of leave at about 55% percent of the workers wage,

funded by workers themselves, and business with more than
twenty employees are required to cover the remaining 45% of
wages (Rubin, 2016). Besides California, New Jersey and Rhode
Island also provide up to six weeks of paid family leave and in
2021 New York will finalize the implementation of its twelve-week
paid family leave, allowing workers to receive 67% of their wages
(Rubin, 2016).
Even when many employers argue that providing paid
maternity leave should be left at their discretion given the
significant expense that doing so places on their business, some
state that the decision of whether to offer an employee paid
maternity leave should be completely taken out of the employers
control. The idea is to allow workers to use future Social Security
benefits to pay for maternity and sick leaves as covered under
FMLA, regardless of the size of the company they work for or how
long they have worked for their current employer (Boushey,
2009). As soon as an employee has accumulated a determined
number of quarters, at any job, he or she would be able to use
this benefit, making it similar to unemployment insurance; this

program suggestion is more inclusive and allows workers to
voluntarily decide whether to use the program or not, making it
an attractive idea that reduces employer opposition (Boushey,
2009).
At the federal level, efforts have been made to attempt
negotiations on a universal resolution to the lack of paid
maternity leave. For example, the Family and Medical Insurance
Leave (FAMILY) Act was first introduced in 2013 and seeks to
create a national insurance program for paid family and medical
leave; the program would be founded through employer and
employee contributions of about 0.2 % of the employees wages
and qualifying employees would be able to receive up to 66% of
their monthly wages for up to twelve weeks (McLeroy, 2014). The
problem that critics of this proposal have is that it could
significantly harm business, including small business since the
size of the company would not be a factor to receive benefits nor
would the full or part-time employment status of workers;
opponents claim that farms and other family-owned business may
not be able to afford the contributions and therefore

unemployment would increase (McLeroy, 2014). They state the
Act would harm especially young and uneducated women since it
would become more expensive to hire them than men given they
are many times more likely than men to take parental and family
leave (McLeroy, 2014). Adversaries suggest that even those
business that currently offer paid maternity leave as part of their
compensation plans would be hurt because they would still be
required to pay into the program (McLeroy, 2014). Finally, some
see the proposed bill as merely a political strategy by Democrats
to gain over the votes of women as they are a key group to their
existence (McLeroy, 2014).
Another legislative proposal is the Strong Families Act
introduced by Congress Republicans that would create a tax
credit for business that voluntarily offer at least two weeks of
paid leave per year and such leave should be separate from paid
vacation or sick leave (The Trump Administration, 2017).
Adding to this proposal, President Trumps Administration budget
for 2018 would require states to provide paid family leave
programs and make such programs adjustable to the individual

states workforce and economy but making sure that at least six
weeks of parental leave are given (The Trump Administration,
2017). The program would begin in 2020 and provide the benefits
of paid parental leave to mothers, fathers, and adoptive parents
and it would be administered within the unemployment insurance
program (The Trump Administration, 2017). Some have
concerns over President Trumps proposal because it would only
provide six weeks of paid leave and the fact that the
unemployment insurance program is already underfunded (The
Trump Administration, 2017).
Although some employers see paid maternity leave as an
effective recruiting strategy to hire and retain highly skilled
workers, this condition makes it more a perk than a right. There
is no law that mandates employers provide such benefit to their
employees and that is a big drawback; relying solely on
employers choice creates a major disadvantage for many female
workers, especially those who would benefit the most from
universal paid maternity leave. The economy hurts every time a
worker resigns her job because she cannot afford to balance

family and work in a healthy way. Those whose job is to push for
favorable social policies for this country need to reference back to
research on the economic and social well-being benefits that
come with paid maternity leave and that almost every other
country in the world has access to.

References
Boushey, H. (2009). A family-leave safety net: how to make paid
time off an option for all workers, not just a perk available to
some. The American Prospect. Retrieved from
https://lcc.idm.oclc.org/login?url=http://go.galegroup.com.l
cc.idm.oclc.org/ps/i.do?p=AONE&sw=w&u=lom_lansingcc&v
=2.1&it=r&id=GALE%7CA204205678&asid=7f61d64b6db09
a21a522e437bbfcae72
Dias, L. (2011). Human Resource Management. Saylor.org/books.
ISBN 13: 978-1-4533194-3-7. Downloaded Jan. 9, 2014
from
https://open.umn.edu/opentextbooks/BookDetail.aspx?book
Id=71
Dusenberry, M. (2015). How America's Lack of Paid Maternity
Leave Worsens Inequality. Pacific Standard. Retrieved from
https://psmag.com/economics/cmon-america
Hamm, K., & Glynn, S. J. (2016). Aiding Families, Boosting the
Economy: It's Time We Saw Support for Child Care and Paid
Leave as Central to Both Economic Growth and Family Well-
being. The American Prospect. Retrieved from
=2.1&it=r&id=GALE%7CA469501781&asid=86237c0db21ec
e98120708cfe26ee41d
Mcelroy, W. (2014). The FAMILY Act is Smart Politics but Bad for
Business. The Hill. Retrieved from
http://theahill.com/blogs/pundits-blog/healthcare/219766-
the-family-act-is-smart-politics-but-bad-for-the-economy
Neckermann, C. (2017). An International Embarrassment: The
United States as an Anomaly in Maternity Leave Policy.
Harvard International Review. Retrieved from
=2.1&it=r&id=GALE%7CA503261042&asid=abab1ad7eb25a
a912c229953b38f3ca8
Rubin, R. (2016). U.S. Dead Last Among Developed Countries
When It Comes to Paid Maternity Leave. Forbes. Retrieved
from
https://www.forbes.com/sites/ritarubin/2016/04/06/united-
states-lags-behind-all-other-developed-countries-when-it-
comes-to-paid-maternity-leave/#55f9e4c58f15
The Economic Benefits of Paid Leave: Fact Sheet. (2015). Joint
Economic Committee: United States Congress. Retrieved
from
https://www.jec.senate.gov/public/_cache/files/e67be3d6-
91e7-4e74-8fd7-beac76da2455/jecfactsheet.pdf
The Trump Administration at Six Months: Labor and Employment.
(2017). Labor Law Journal. Retrieved from https://search-
proquest-
com.lcc.idm.oclc.org/docview/1936467810?accountid=1599

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Running head: PAID MATERNITY LEAVE: CAN THE U.S.

Siena Heights University

Maternity leave refers to the temporary period of absence

given to a female employee before and after the birth or adoption

of a child (Neckerman, 2017). Despite being the worlds largest

economic power, the United States stands with Papua New

Guinea and Suriname as the only three countries in the world

that have no legal provisions to provide paid maternity leave

(Neckerman, 2017). In the United States, maternity leave is still

primarily regulated by the 1993 Family and Medical Leave Act

(FMLA), which is enforced by the U.S. Department of Labor (Dias,

The FMLA applies to organizations with more than fifty

employees and requires them to provide up to twelve weeks of

unpaid leave for the birth and care of a newborn child or an

adopted child (Dias, 2011). In addition, FMLA allows employees

to take unpaid leave to care for an immediate family member

with a serious health condition or to care for him or herself if the

employee has a serious medical condition and is unable to work;

these benefits of FMLA are only made available if the employee

over the past twelve months (Dias, 2011).

The aforementioned set of provisions of the FMLA law have

been widely criticized as lacking when it comes to maternity

leave. One of the reasons critics reject FMLA as a fair and

comprehensive maternity leave option is because it does not

require employers to provide any kind of pay during the period of

leave; leaving this benefit as an option for employers and noting

that only about one in ten workers receives some type of

voluntary payment (Neckerman, 2017). Also, opponents of FMLA

as the sole regulator of maternity leave state the lack of federal

legislation mandating paid leave creates the unrealistic

assumption that families have saved enough on their own to

finance the twelve weeks of missed income (Necekerman, 2017).

Finally, the conditions under which an employee is eligible for

FMLA make it less accessible than most think; estimating that

law provides (Neckerman, 2017).

The lack of paid maternity leave and the limitations of the

FMLA rule have, according to journalist Maya Dusenberry, worsen

inequality among U.S. female workers (2015). Dusenberrys logic

for such statement is simple; she states that low-income female

workers are both less likely to receive any type of voluntary

form of income, forcing poor and undereducated mothers to

return to work sooner than their richer counterparts (Dusenberry,

2015). Low-wage female workers are even further excluded from

part-time workers. These components leave out low-income

often hold multiple part-time jobs (Dusenberry, 2015). Many low-

income mothers have to choose between risking their financial

security by taking unpaid leave or risking their health and well-

being by returning to work a few weeks after birth. Whatever the

choice is, low-income mothers are more likely to be ultimately

commuting to work are the main contributors, further widening

The difference between industrialized Western nations and

the United States when it comes to implementation of social

welfare policies, like paid maternity leave, could have a cultural

explanation. Christina Neckerman notes that Europeans,

regardless of their political affiliations, are much more likely than

Americans to accept the responsibility of the state to provide

assistance to those in need (2017). Present day Americans

continue to be much more resisting to a strong collectivism or

welfare state than people in most European countries; a possible

explanation for this opposition could be the high entrepreneurial

spirit that a lot of Americans have (Neckerman, 2017). For

example, given the fact that generous maternity leave policies do

impose significant expenses on a business, a lot of Americans