Maternity and Parental Leave Policies: Five Things Employers Should Know Before Drafting

45 questions on maternity and parental leave policies, answered and cited by the UpLaw editorial team.

• Are "primary" and "secondary" caregiver labels safe to use?
• Can a maternity-only leave policy be illegal?
• Can an employer delay starting the FMLA clock while the employee uses paid time off?
• Can an employer force a pregnant employee onto leave under the PWFA?
• Can a small employer claim an exemption from the PUMP Act?
• Can FMLA bonding leave be taken intermittently?
• Does the FMLA apply to a company with thirty-four employees?
• How can an employer make generous leave affordable?
• How did the 2025 enhancements to Section 45S help small employers?
• How does a gender-neutral policy handle a father, an adoptive couple, and a two-mother household?
• How does FMLA leave for pregnancy complications differ from bonding leave?
• How does the PWFA go beyond the ADA?
• How do the FMLA, ADA, PWFA, and PDA interact on the same facts?
• How long does an employee have to use FMLA bonding leave?
• How should an employer plan operationally for a parental leave?
• How should a policy handle adoption, foster placement, and non-traditional families?
• How should a two-component leave policy be structured?
• Is FMLA bonding leave only for mothers?
• Is pregnancy a disability under the ADA?
• Is there a single "maternity leave law" in the United States?
• What are the five federal statutes governing parental leave?
• What are the five key takeaways for drafting a parental leave policy?
• What are the PWFA's "predictable assessment" accommodations?
• What did Young v. UPS decide about pregnancy accommodation?
• What does a compliant leave look like end to end at a small employer?
• What does anti-retaliation require after a parental leave?
• What does the FMLA actually provide?
• What does the PDA require beyond leave decisions?
• What does the Pregnancy Discrimination Act require?
• What does the Pregnant Workers Fairness Act require?
• What does the PUMP Act require for nursing employees?
• What do state paid family and medical leave programs provide?
• What happened to the PWFA in 2025 litigation?
• What has the EEOC said about gender-neutral parental leave?
• What is the difference between medical recovery leave and bonding leave?
• What is the Section 45S paid-leave tax credit?
• What sections should a parental leave policy contain?
• What should a well-designed return-to-work include?
• Where does operational planning for a leave cross into liability?
• Which employers and employees does the FMLA cover?
• Why can't an employer draft a leave policy from federal law alone?
• Why does offering more than the legal minimum usually pay for itself?
• Why does the return from leave matter as much as the leave?
• Why does the U.S. lack a federal paid maternity leave guarantee?
• Why should a leave policy be written rather than case-by-case?