I am soon going to be going on maternity leave, in September as that is when I am due.

34 Comments

1. AnonymousAugust 24,2023 at 4:33PM UTC

   Maternity/Paternity leave are only guaranteed for not losing your job by taking the time off. FMLA - protects your employment only.

   Payment of your salary while on such leave is at the employer's discretion. Be thankful he is getting that much while out of the office.

2. maria roseAugust 24,2023 at 4:45PM UTC

   I couldn’t have said it better, Parental Leave/FLMA are giving the employee time off when requested without jeopardizing their status position at work. It does not guarantee that the pay received will be equal to the pay paid when actually working. You are entitled to use your PTO time given you as part of your job benefits because those days ( vacation and sick) are paid at your regular pay level, BUT if you are “saving” those days and using the parental leave or FLMA you will be paid in a different pay level. That’s because both the parental leave and FLMA law is written to guarantee the job status not the pay. The pay is determined by each employer as to how much they pay if any paycheck is given at all.

3. E.S.August 24,2023 at 4:40PM UTC

   Do you mean they will cut his pay while he is on leave, or after he returns?

4. AnonymousAugust 24,2023 at 5:29PM UTC

   So I'm curious - is this what their parental or paternal leave policy is? Is this in lieu of him using his vacation time? Does he have the option to use vacation time? Is he using both? I need to know more to say it's actually a benefit and should be seen as such or if he truly is being penalized. I mean, consider that many employers still do not have a parental or paternal leave policy, or even a maternity leave policy. It's just straight STD (an if you don't have that then unpaid FMLA supplemented with PTO and/or vacation/sick leave). And even still with STD, quite often, that is not paid at 100%. So please, share more details.

5. AnonymousAugust 24,2023 at 6:26PM UTC

   It would be parental/paternity LOA and no, you don't get your full salary. it's not discrimination. I question the % as that doesn't seem like a lot if it's a true LOA. It may be a better deal, tbh. They're not being cheap, I would encourage research. If they've not been there long enough to qualify for any paid LOA but they're offering something that's even more than fair. ---- corrected note thanks to the reminder. thinking one thing typed another.

6. AnonymousAugust 24,2023 at 6:34PM UTC

   Just a reminder, FMLA is unpaid leave. It can be used concurrently with other options, but FMLA itself is unpaid.

7. AnonymousAugust 24,2023 at 7:26PM UTC

   Oh my gosh, you're right. I was meaning to type maternity leave as it some companies it's just used for both meaning of paternity and parenting leave. My fault! Correct, same you don't get paid a full salary on Parental LOA. thanks for catching that!

8. Sarah BordersAugust 25,2023 at 12:33PM UTC

   Congratulations on your new kiddo! If you’re based in the US, the only legal requirement and protection is FMLA, which basically just guarantees you won’t be fired for procreating. It’s important, but it’s not enough, IMHO.

   Offering less time is one thing (12 weeks for birthing parents, but 6 weeks for everyone else, for example), and a lot of places don’t fund maternity leave at 100%. But, if your husband’s company funds 100% paid maternity leave, but only 80% paid paternity leave, I’d say that’s discriminatory, and he should mention that to HR.

   Every family is formed differently, but those first few weeks are critical, and every parent should have that time available to them, and covered at the same percentage (ideally, 100% for everyone) of their regular pay, regardless of how the family is formed or the parents’ gender identities. That’s just not how it happens for everyone in the US unfortunately.

9. AnonymousAugust 25,2023 at 12:34PM UTC

   Welcome to America!

10. AnonymousAugust 25,2023 at 12:43PM UTC

    Yes, they can do that. Per FMLA all that's guaranteed is that you will have an equivalent job to come back to after leave (doesn't even have to be the same job), but the leave itself isn't paid under FMLA.

11. Melissa NobileAugust 25,2023 at 12:54PM UTC

    Back in the dark ages when I had my children, fathers had to take vacation time. There was no paternity leave. Honestly, by the end of the first week, I was ready for my spouse to get back to the office. I could handle this baby at home just fine. He had his time with the children when he got home. They were happy to see him and have play time. Don’t sacrifice the salary for time watching an infant sleep.

12. AnonymousAugust 25,2023 at 2:42PM UTC

    one hundred percent.

13. AnonymousAugust 26,2023 at 12:28PM UTC

    Gosh back in the Pleistocene Era when I had my kids, maternity leave was…wait for it…your PTO. And paternity leave simply wasn’t a thing.

    When my grandchild was born 2 years ago, their father got 12 weeks of paid leave that could be used any time in the first year (tech company). I know that’s not the norm in the U.S., but it sure is nice to see things changing, abeit glacially. I’m enough of an old activist to still think that if you want something changed, you’ve got to fight for it (looking at you, people who give birth and the people who support them). When you accept a position, ask the questions and challenge the answers if you don’t like them.

14. AnonymousAugust 25,2023 at 1:11PM UTC

    I must say I’m very surprised at the attitudes in these comments. Yes it is legal - even for women leave is not usually covered at 100%. However he may have options to use PTO concurrently to keep his pay whole, but he’ll have to have that conversation with his HR department . Just because many people have had children without robust parental leave in place doesn’t mean we shouldn’t advocate for better .

15. AnonymousAugust 25,2023 at 10:38PM UTC

    Advocating for better is great, but we also have to be realistic about the situation we are currently in and the OP was asking if a company can do that. The short answer is yes.

16. AnonymousAugust 25,2023 at 2:17PM UTC

    Why is everyone here referencing just FMLA? Folks do realize that there are multiple companies, large and small, that offer paid paternal and mat leave- TOTALLY separate from the federal law/FMLA. Your husband should have a conversation with the HR team about the policy specifically/look at the employee handbook- where it's usually outlined how many weeks paid, if it's paid in full, etc.

    It's been my experience working in large tech companies, that there is a paid maternity/paternity leave in full, and also an 80% pay, after paid in full for 8 weeks for example.

    I agree on the attitudes expressed here- let's support people and encourage robust conpany policies for parents on mat or paternity leave. We are far behind the rest of the world on this.

17. AnonymousAugust 25,2023 at 10:33PM UTC

    We are far behind and it should be a given, but the OP is asking about the law. Legally, the company can do anything it wants.

18. AnonymousAugust 25,2023 at 2:39PM UTC

    hmmmm. I'm not sure how to respond. I mean, the company beneits are explained at the time o hire, so it's not like your husband's employer changed the rules or policy mid-road on him. Should maternity pay be provided and how much/how long is arguable. Back in the "day", I was given 6 weeks at IOO%, then I could take another 4.5 mos using both my PTO bank, and later, a 6O% STD policy. I realize that doesn't answer your inquiry now...but simply saying that we all experience various provisions during maternity leave; there isn't a national 'POLICY' about this which requires an employer to do anything...and i'm not entirely sure there should be...and I don't think you have any recourse regarding your spouse's employment and what he will choose to do. It sounds great that they will pay him eighty percent; you don't say how "long"...but considering that he's not being productive at work during this time, it sounds reasonable since he is not the one delivering a baby...although the employer does honor that important bonding time. Godspeed to you. Lots more curves on the parenting road...Don't sweat the smaller curves.

19. AnonymousAugust 25,2023 at 2:41PM UTC

    Unless the state you live in has paid paternity leave as a requirement, your company can do anything it wants in offering paternity leave. So yes, they can choose to only offer 20% salary for that time.

20. AnonymousAugust 25,2023 at 3:55PM UTC

    What she said

21. AnonymousAugust 26,2023 at 10:36PM UTC

    Most States do not mandate a paid paternity leave or pay during FMLA. It is generally a purchased benefit by the employee. However as far as other leave; FMLA is traditionally unpaid, Not a lot of companies pay STD for their employees as a benefit anymore. The reality is that companies are experiencing the same inflation, higher costs of benefits and goods purchased as the general population. Unfortunately it is hard decisions for the employer to make - sometimes it's tough for them to make payroll. PTO and/or Comp days can be used towards time off - it probably will not cover the entire leave.

22. AnonymousAugust 25,2023 at 3:58PM UTC

    I’m going to assume that this was spelled out in their benefits package when he hired on or spelled out and communicated as a policy change company wide sometime since he hired on. They’re well within their right to do that. However, if this is some type of pay cut they dreamed up to try and dissuade him from taking leave— then you’d probably have a legal case.

    Ive seen more companies offering paid paternal leave over the years but I don’t think it’s the norm, unfortunately. He probably needs to sit down and look over all of his benefits and then discuss with HR to fully understand his options. FMLA is an option but it’s unpaid unless used concurrently with paid leave.

    Best of luck and congratulations on the new baby!

23. AnonymousAugust 25,2023 at 5:34PM UTC

    Check your state laws, the EEOC should be able to help you with what the minimums for parental leave are in your state. It is discrimination if they fail to follow the rule of law.

24. Shelly EdwardsAugust 25,2023 at 6:48PM UTC

    It depends on two things. 1 if you live in the US and 2 the size of the company where your husband works. If he works for a company with 50 employees or more in a 75 mile radius, then he is entitled to FMLA. FMLA states that he is entitled to up to 12 weeks off unpaid for the birth of a child. He cannot be penalized or demoted for using this leave right. If he works for a smaller company, he will have to check your local state laws. Many states have laws that protect leave rights regardless of company size. Good luck and congrats on your new baby!!

25. AnonymousAugust 26,2023 at 12:25PM UTC

    Is the salary cut just during the leave period?

26. AnonymousAugust 26,2023 at 12:33PM UTC

    I'm assuming that the cut only applies during the time he is taking leave, correct? Yes, they can do that. My company used to make folks, even birth mothers, use the STD policy that only paid out 60% for 6 weeks, then you would use a combo of vacation or unpaid days for the remaining 6 weeks. You could also start with vacation days, then STD at 60% and end with unpaid. Eventually my company transitioned to 100% paid leave for the birth or adoption of a child for 12 weeks.With that being said, if they are a good employer to your husband maybe he should talk to the benefits coordinator, HR person, or whoever is responsible for benefits at his organization and talk to them about the benefits of having fully paid leave for X amount of time. Assume that is won't apply to his current situation, but it might help future employees. What he should not do is treat it like it's his right to take off of work and get paid for it, complain to or even try to report the company....you don't want him to have a target on his back.Congratulations on the baby!

27. AnonymousAugust 26,2023 at 6:29PM UTC

    Same at my company for for maternity leave. It is considered short-term disability which pays out at 80%. We definitely need better maternity and paternity leave laws.

28. AnonymousAugust 27,2023 at 4:45AM UTC

    You don't understand how amazing it is that he will be getting 80% of his pay, for time allowed instead of zero$ or that you are lucky to get your benefits. Many moms don't get paid in the US, fathers don't get free time or even paid, I actually chose to leave my "job" to start a family. Per contract, no work means no pay. Congrats and enjoy!

29. Debbie CreeAugust 27,2023 at 6:59PM UTC

    Most employer do not pay for leave at all. Some states do, but it is not your full wage. However if he has been at his job for over a year, his job may be protected while he goes on unpaid leave. His employer should provide all that information to him or check with the state labor board for info.

30. Joann S. LublinAugust 28,2023 at 5:04PM UTC

    IMHO you've gotten some great advice from other commentators. Here's one more suggestion: your husband ought to see if his employer has employee resource groups -- especially one that serves working parents. Such a group can act as an internal advocate for more generous paid parental leave and it should be irrespective of gender. You'll find other useful tips in my book, "Power Moms." Best of luck!

31. AnonymousAugust 28,2023 at 7:19PM UTC

    OP - lots of clarifying questions were asked to help people better respond to you, but I don't see where you have answered the questions being asked. Could you help us out so we understand the situation?

32. AnonymousAugust 28,2023 at 8:24PM UTC

    Back in the day, having a baby meant you took all your sick leave and vacation time and if you didn't have either left - it was unpaid and there was no protection for your job (this was the mother). I had three - 1st took 6 weeks off, 2nd pre-term labor so had no paid leave left, 3rd took 8 weeks part paid, part unpaid. My husband was self-employed so if he didn't work he didn't get paid. 80% pay sounds amazing.

33. Valentina Huang, MBA, SHRM-CPAugust 30,2023 at 4:14PM UTC

    If he's in the US, then 80% of his pay is actually amazing! Most of the time, parents get $0 and/or have to use all their sick days or PTO.

34. AnonymousAugust 30,2023 at 6:08PM UTC

    What does the employment handbook say about maternity leave. Start there first. If he is not willing to take a 20% cut in pay, than he needs to take a few days of vacation for this special event and go back to work.