International Corporate Employment Policy

Abstract

Assuming I work for a mid-sized company that is looking to go international from the base USA, I will discuss how maternity leave policy in the USA is different than the maternity leave policy in Canada, where our organization is going next. I will compare and contrast the law between these 2 countries.

I will write an International Corporate Employment Policy on the maternity leave policy.  I will include an explanation of the additional steps needed before actual implementation. 

Maternity Benefit in the USA –

1.     In the USA there is no provision for paid vacation for new mothers on a national scale

2.     There is no federal law to mandate paid maternity leave, but some state offer paid maternity leave, but most companies do not.

3.     The Pregnancy Discrimination Act of 1978 requires an employer to treat an expectant mother in the same manner as any other employee with a temporary medical disability. All conditions of employment such as pay rates, incentives, paid sick time, health benefit coverage and temporary disability insurance apply. The law forbids an employer from discriminating against a pregnant worker or forcing them into taking a leave of absence for pregnancy reasons (everydayfamily , n.d.).

4.      The Family and Medical Leave Act of 1993 or FMLA, protects an employee's job in the event of a leave of absence is taken because of an employee's own personal disability or illness which might include maternity leave, adoption, fostering a child, or taking care of a gravely ill member of the immediate family such as a spouse, parent, or child. FMLA applies to an employee has worked for their company for at least 12 months and at least 1,250 hours over the past 12 consecutive months. The law applies to companies who have more than 50 employees (everydayfamily, n.d.)

5.     24% top companies in America provide new mother 4 weeks of paid vacation and 52% of companies provide 6 weeks paid vacation ( everydayfamily, n.d.)

Maternity Benefit policy in Canada –

1.     In Canada the federal law provides female employees’ right to get 17 weeks paid vacation or time after a child birth.

2.     The expecting mother cannot start the leave not earlier than 13 weeks of expected delivery date (Government of Canada, n.d.)

3.     For earlier end of pregnancy the employee can sick leave (Government of Canada, n.d.)

4.     Parental Leave under section 206.1(1) would not apply after a miscarriage, abortion or stillbirth, since the employee must have actual care and custody of a newborn child (Government of Canada, n.d.).

So, in Canada expecting mothers have better rights as all employers must give at least 17 weeks of paid vacation. And with a new born to care for, it makes sense to have paid time off for 17 weeks.  On the other hand in the US, federal government does not really mandate the employers to grant any paid time off to new mothers. And FMLA is also applicable for employers who employ more than 50 employees. Either way, it is absolutely on the employer if they want to give a paid time off to the new mothers who are also their employees. I am not sure if these for profit companies would allow new mothers to have paid time offs.

And in US, pregnancy is being treated almost as disability. And since there is no strict federal law, not all employers are offering maternity leave for their female employees. 

International Corporate Employment Policy

This Policy Applies to

All Employees

ABC Inc.

POLICIES AND PROCEDURES

Maternity Policy

Summary –

1.     Only eligible employees are eligible for maternity leave, please check eligibility criteria below

2.     Employee needs to apply for leave in advance

Policy – ABC Inc. has established this maternity policy with accordance with United States FMLA law and Canadian Maternity leave policy.

 PURPOSE: The purpose of this policy is to ensure that employees who are absent from work because of pregnancy, childbirth, or related medical conditions are eligible for maternity leave and will be treated by organization as any other employee who is otherwise recognized as disabled.

Applicability: All full time employee excluding any temporary employee or contractors, are eligible.

Procedure: A. The eligible employee must inform her immediate supervisor at least 7 days before the leave start date.

B. Leave Eligibility: All US and Canadian eligible full time employees are eligible for 17 weeks paid time off.

C. Doctor’s Certification: A doctor’s certification is required in case employee needs extend the leave.

D. Employment Status Upon Returning from Maternity Leave: Employee will be reinstated to same position with same salary, benefits and terms and conditions.

E. Questions/ Violations: Any questions will be directed to HR. Employee violating the policy will be subjected to disciplinary actions.

F. Exception : Any exception to this policy will have to be approved by respective business heads, and employee has to work with super visor and HR to obtain it.

References –

Retrieved on 3/13/2019/ Retrieved from https://www.everydayfamily.com/maternity-leave-in-the-united-states/

Retrieved on 3/13/2019. Retrieved from https://www.canada.ca/en/employment-social-development/programs/laws-regulations/labour/interpretations-policies/maternity-leave.html