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When it comes to parental benefits, the first and last word in ensuring a legally compliant policy is equitable application. While it is well known that the Family and Medical Leave Act (FMLA) requires employers with more than 50 employees to provide up to 12 weeks of unpaid leave, most companies do not appreciate that both mother and fathers are entitled to take advantage of this time to bond with their newborns.
FMLA leave is perhaps the most frequently invoked protection for new parents or caregivers, but several other statutes apply as well. One of the few gender-specific parental rights for employees became federal law with the passage of the Affordable Care Act (popularly known as “Obamacare”), which calls for employers to allow women who are nursing both space and time for lactation. The Americans with Disabilities Act also bears on parental rights at work in cases of a child's illness or a mother's difficult pregnancy. In addition, certain states, such as California, have their own equivalents of the federal FMLA that may mandate more generous protections, and employers need to ensure they are compliant with these as well.
This white paper describes how employers can go beyond the minimum benefits the law mandates. These added benefits can help them win employee loyalty, increase productivity, and provide greater return to the company.
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