Paid Maternity Leave Missing in the United States:
Knowledge from European Countries
Katie Comer
Policy Brief Prepared for PMAP 8916
July 2015
EXECUTIVE SUMMARY
Maternity leave is a retreat that all mothers should have the opportunity to experience after childbirth. The birth of a child can be exciting, exhausting, and challenging for all new mothers experiencing the joys of parenthood. Unfortunately for some working mothers living in the United States, maternity leave is not always guaranteed. The United States is one of the only developed countries in the world that doesn’t guarantee paid maternity leave. An idea so common in other countries is considered a luxury benefit for hard-working mothers in the United States. As more women in the United States join the workforce, policy needs to reflect and benefit these working mothers. This creates a balancing act between gender equality, a popular issue amongst political candidates, and paid maternity leave. America cannot expect to have one without the other. Creating a more efficient and fair maternity leave system in the United States requires policies that have women, especially mothers, at the center of the change. Policy makers can look at striving European countries, like Germany and the UK, for examples on how to initiate a fair and centralized maternity leave system. Both the United States and EU work with business organizations to create these leave policies, but the EU has been far more
Becoming a parent is beautiful yet stressful time in many people's lives. Emotions of joy and worry fill the mind of expecting parents as they work to provide a loving and financially stable home for their family. Both parents wish to actively support their child and their spouse during this time of transition, however, corporations are making this task difficult. Maternity leave is a benefit that most companies provide, but only for their female employees. Male employees are not given the same opportunity to share the responsibility of childcare with their wife or to develop a bond early on with their child. Providing fathers maternity leave would give them time to dedicate themselves to the growth of their child, allow the mother to heal from giving birth, and promote equality within the family unit and in the workplace.
Currently, the United States is the only industrialized country without a statute requiring all employers to provide some kind of paid time off for its employees to care for a newborn or a sick loved one. Data gathered from 38 member countries of the Organization for Economic Co-operation and Development (OECD) support this claim. Figure 1 shows the member countries and the length of maternity leave provided to all employees.
As we move into the new millennium more and more employers are allowing, some are even encouraging, their employees to bring their newborn babies to work with them. This is probably one of the greatest changes in child care norms that this country has seen in the past 30 years. Once upon a time, when a woman had a baby she almost always quit her job to raise her child, depending on her husband to support her and her child. Then along came the idea of maternity leave. This is when a woman takes a certain amount of time off to be with newborn. Once this time period was up, the woman still had a job to go back to. This meant that women no longer had to rely on their husbands for support. Unfortunately it also
The United States is the only country among 41 others that does not legally stipulate paid maternity leave, which leaves this legislation at the discretion of the individual states (Livingston, 2016). Currently, parents in California are covered by California State Disability Insurance, and receive 55% of their salary for six weeks (“About Paid Family Leave (PFL),” n.d.). California is one of four states that supplement the national Family and Medical Leave Act of 1993, which guarantees unpaid maternity leave for 12 weeks (“Why So Few Women Take Maternity Leave | Time.com,” n.d.). It is my recommendation that the California House of Representatives vote to pass bill AB-568, an assembly bill that allows public school and community college employees fully paid maternity leave.
Today there are two countries in the world that do not currently guarantee paid maternity leave for employed new mothers and/or expecting mothers, those countries are the United States and Papua New Guinea, according to the International Labour Organization, an United Nations agency, which recommends a minimum 18 week maternity leave (Rubin 2016, p.1). In recent years, the controversial issue of guaranteed maternal leave has been a prominent topic of debate amongst political activists and elites, particularly in the United States, where reform is a feasible option but has yet to be achieved. It is this absence of policy that serves to provide guaranteed maternal for all working mothers that has been linked to significant health related issues; these adverse effects not only impacts those mothers, but their children as well. Although paid maternal leave remains a controversial matter, policy reform that implements such leave is not only a feasible option in the United States, both economically and politically, it is an ethical necessity in order to facilitate the well-being of American women. Thus, in order to work toward ethical political/governmental policy that supports the well-being of women in the United States’ workforce, it is crucial that guaranteed paid maternal policy is implemented.
The concept of the FMLA was set in motion through debates over a California law mandating maternity leave for childbirth, which is discussed in greater detail in the “Government” section of this paper. After a federal district court struck down the law in 1984 as sex discrimination against men, Congressman Howard Berman, a Democrat from California, sought help from the National Partnership for Women & Families, then the Women's Legal Defense Fund, in framing a bill that would require employers to grant maternity leave (115). Instead, the National Partnership submitted the idea of a broader leave that would not only meet the needs of new mothers, but address a wider range of work/family conflicts affecting both women and men (116).
Pregnancy and early child development is a fundamental aspect of human society, and is pertinent to the development of a successfully functioning community. The developmental and social progress of any civilization relies on children, as they will compose the future working population. Therefore, a mother or father’s involvement in the child’s development is of extreme importance, which is why family leave has been implemented all over the world. Family leave refers to the period of time granted to the employee to care for their newborn child. As communities evolve economically, financial stability is necessary, for what is perceived to be socially successful for a child’s development, which is why paid family leave is popular throughout the world’s nations. However, ABC News reports that “the U.S. is only one of three countries in the world that don't offer paid maternity leave” (Kim, 2015); the same is true for paternity leave. The United States government has an interesting track record dealing with family leave, but in order to analyze what the US government and advocacy groups have done to solve this issue, there first needs to be an understanding on why this issue is so difficult to resolve. The arguments that support and oppose paid family leave in the United States are equally valid, therefore causing a stalemate in the attempted policy making of legislative bodies.
The Urban Institute published a case study that promotes the creation of national paid family leave policy in the United States. In the study, it is shown that this issue has been debated countless times in the past. George H.W. Bush even vetoed an unpaid family leave act during his presidency. This displays the struggles of enacting policy relating to this issue. The lack of a national paid family leave program in the US has left working mothers with three options: “return to work immediately after childbirth, quit employment, or take unpaid leave” (Urban Institute, 2017, p.3). The issue with these options include, loss of pay, unemployment, or the lack of parental presence in a child’s early development. Moreover, although some private companies offer paid leave, less educated and lower income mother have little access to this paid leave, which exacerbates their financial instability, keeping them in a lower societal class. This study found that not only is the current system is inadequate, but it is also inequitable, which causes financial hardships across the nation. According to the study, there has even been a 32% decrease in income after childbirth. Although this is the current situation, some states have enacted a statewide paid family leave program, which displays
The lack of a paid parental leave law in the country does not necessarily mean that it is absent in the U.S. labor market. Some generous and more progressive companies do recognize the importance of the leave to employees and do offer it. According to the Employee Benefits Survey of 2015, 21% of employers nationally offer some paid maternity leave while 17% offer some paid paternity/adoption leave. However, about a fifth don’t have any kind of protected maternity, paternity, or adoptive leave. (Ray, 8; Time, n. pag.)
Recently women’s rights and women’s equality in the workplace has come back to the fore as a topic for discussion in government agencies and the United Nations. Whilst this is a very important topic, when it comes to time off from work when a new child is born, women in the US have some provision, whereas men have none.
The maternity leave laws make it difficult for women to not only have a child but be punished the workplace for having a child by not getting promotions, pay, and proper support. In an article by Abby McCloskey she explain, “The united states is the the only state in the developed world without a national paid-maternity-leave program. The Family and Medical Leave Act of 1993 mandates that employers offer twelve weeks of job-protected leave to workers for family-related issues. But 40 percent of working women are ineligible, owing to the act’s various restrictions. Moreover, because it is unpaid, many mothers cannot afford to take this leave even if they are eligible to do so” (McCloskey 20). These lack of benefits have a direct impact on the financial situation women face around the world. Imagine being a single mother with the expenses of a new born baby with no pay check, benefits, or finical security. Making maternity leave benefits more of a priority in the United States will not only help solve the gender inequality problem but it will help prevent single mother avoid
The birth of a baby is a very important time in the lives two of parents. During this time all parents should be allowed special bonding time with their babies. Nearly 20 years after the passage of the Family and Medical Leave Act (FMLA), it is time to take stock of U.S. policy on parental leave, particularly as it affects infant care and child development (Time off with Baby). The problem with this Leave is that it is unpaid and sometimes parents can’t afford to not work and take care of their family.
According to the American Pregnancy Association, “Maternity leave refers to the period of time that a new mother takes off from work following the birth of her baby. Maternity leave is an employee benefit that provides paid or
According to the National Bureau of Economic Research, mothers who return to work soon after the birth of a child are more likely to become depressed and are less healthy than mothers who do not, and one third of mothers end up in debt after childbirth due to having unpaid maternity leave. When a woman has access to paid leave after birth they are more
Despite the advantages of paid parental leave, the United States trails behind other developed countries in guaranteeing these options. In fact, America is currently “one of the only two nations (the other being Papua New Guinea) that do not guarantee paid maternity leave to new mothers” (Baum II and Ruhm 333). Last year, according to the Pew Research Center, only fourteen percent of workers had access to paid family leave (Desilver). Instead of choosing to extend paid leave for their employees, many American businesses opt to offer unpaid family leave that is available to almost ninety