"Maternity Leave" policy for small employer

[Guest megHRconsultant]

I'm consulting for a small business that is consolidating two separate entities into one. I'm currently reviewing their policies. They have a "maternity leave policy" that states, female ee's get 4 weeks paid leave for birth, adoption, or placement of foster child. Males get 1 week paid leave upon same. If additional leave is required, the ee must request & discuss it in advance. Ee's may use paid leave if available, or leave without pay.

This policy makes me shudder for a few (hopefully obvious) reasons. I am trying to figure out a way to rework it so that the employer's liability isn't greatly increased, yet in a way that is gender-neutral and offers some recognition of the significance of any of these events in any employee's life. They are small and aren't subject to FMLA. They do not offer STD benefits other than what comes through Aflac (which nobody subscribes to anyway) or the couple of ee's we have in NY state. I would love to hear your suggestions of how I can rephrase this potential disaster waiting to happen! Post to board or email offline at meg.mccormick@gmail.com. Thanks!

[Sandra Pearce]

The four weeks of pay for the female who gives birth is similar to pay for the disability. The bonding time for adoptions for a female employee and the bonding time for the father for birth or adoption could be equal periods with pay.

I would check any state regulations that might apply and then consider separating the "disabililty" of the birth from the other leave provisions.

Our company is large enough that we must apply FMLA provisions. Those provisions do not require pay. The female employee delivering the child can apply for our salary continuation program for the period in which she is considered medically disabled. Once her disability ends she may continue to use available FMLA leave but must take all available vacation pay before being on FMLA leave without pay. The male employee must use any available sick leave (to care for the medically disabled spouse) and then any available vacation before leave is allowed without pay.