In the U.S., maternity leave is often a mix of sick leave, paid vacation, unpaid leave, and short-term disability leave. While maternity leave requirements vary by state, the U.S. is the only industrialized nation that does not mandate paid maternity or paternity leave (as of October 2020, however, federal employees have access to 12 weeks paid parental leave).
Because an average of only 20% of private-sector professionals in the U.S. has access to paid parental leave (with only 8% of those being low-wage workers), U.S. moms and dads need to advocate for themselves to maximize their parental leave.
Whether you are working part-time, full-time, in a job share, or even working from home, how can you negotiate better maternity or paternity leave terms with your employer?
How to Negotiate Maternity Leave (or Paternity Leave)
If you know what you want and prepare a case for why your request should be granted, you’ll likely get better leave terms than what your employer offers.
Figure Out What You Want
Before you ask for any leave, think about what kind of parental leave plan might work best for your family.
- Do you want to take less than 12 weeks off? More?
- Do you want to use all of your time at once or intermittently?
- Is remote work something you’re interested in?
- Or maybe a hybrid schedule?
- How much unpaid work can you afford or want to take?
- Can you use vacation time to fill in the gaps? If so, how much vacation time do you want to use?
Work through all of the options and scenarios to determine which options are best for you and which your employer may agree to. This will give you and your boss some flexibility during negotiations.
Start Early
Consider approaching your employer at the beginning of your third trimester. That’s close enough to your due date that you should have a good idea of what you want in terms of leave and what tasks need to be handled at work. But that date is also far enough away that your employer has plenty of time to consider your proposal.
That said, if you think any part of your leave will be covered by the Family Medical Leave Act (FMLA), you must give your employer at least 30 days’ notice before the first day of your leave. If you don’t, your employer may have the right to deny your request. There are additional FMLA requirements for eligibility, which include having worked for the employer for 12 months prior to FMLA leave.
Ask for What You Want
There’s no right or wrong amount of paid parental leave to ask for. However, many experts advise asking for 12 at least weeks paid leave.
This is also the time to ask for full pay (though it’s not uncommon to only get between 50% and 60% of your salary) and to find out if your employer will also continue paying for healthcare, make retirement plan contributions, and anything else you want to ensure continues while you aren’t working.
Present a Maternity Leave Plan
To give your maternity leave request the best odds of success, consider presenting a two-pronged plan to your employer.
First, outline how you will take your leave and return to work. For example, you might take the first six weeks at home without doing any work. Then, you’ll ease back into work by working remotely two days a week for the next four weeks, then spend two weeks working a hybrid schedule.
Second, explain exactly how you will get your work accomplished when you start working again. For example, if you’re going to be remote two days a week, which two days and why those days? Is it because that’s when your clients are available, or those are the best day to meet with other teams?
Also, explain what tasks you will and won’t accomplish on those days. For example, if you know that the annual gala you’re in charge of will take place during your leave, what tasks will you delegate and to whom? What will you take responsibility for, and how will you get it done?
Whatever it is, make sure your plan is clear and plainly lays out when you will and won’t work and how you will get things done.
Explain How the Company Benefits
While it’s true paid maternity or paternity leave benefits you, it’s more important to explain how paid parental leave benefits the company.
For example, you can talk about how employees tend to be more loyal to companies that offer flexible work arrangements (like paid parental leave). Then, you can explain that allowing paid parental leave enables the company to retain top talent (like you) and helps retain current talent that might want to take paid parental leave in the future.
Furthermore, add that paid parental leave helps demonstrate the company culture supports working parents, which can help recruit and retain even more top talent in the future.
If that’s not enough, point out that in U.S. states with paid leave policies, women are 20% less likely to leave their jobs within a year of giving birth and up to 50% less likely to leave after five years.
Take Notes
Depending on your situation, it’s highly unlikely your boss will be able to give you a definitive answer one way or the other during your meeting. Make sure you take notes so everyone is on the same page. Consider writing a follow-up email to your boss after the meeting to reiterate what was discussed and to set a time to follow up.
What If the Maternity Leave Request Is Denied?
Unfortunately, it happens. As long as your employer doesn’t violate any laws or established policies, there isn’t much you can do. Keep in mind, you may be entitled to short-term disability benefits after giving birth to a child. And if you have FMLA, you do not have to take the leave all at once.
Plan It Out
Remember to view your employer’s maternity leave policy as a starting point for negotiating something better, and you could be well on your way to enjoying more time off with your new baby.
