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What is Parental Leave?

What is Parental Leave?

Father tending to baby in a crib

Parental Leave is a benefit that employees are entitled to when they need to take care of their child. Originally established to help women to recover from childbirth and accompany her newborn through his first crucial months, with time the concept has extended to cover both parents and also evolved other concepts like Adoption Leave. The duration of Paternal Leave varies according to the case it refers to, and it can be either paid or unpaid according to the urgency with which the parent requires the leave. Soon to be parents can rest easy knowing that they will enjoy accompanying their child for the first months of his life.

HOW DOES IT WORK?

The law does not just take into account the gender of the parent to decide whether it should be granted, but rather works out of a concern for the child’s well being. Whether they are newly born or adopted, children need to have their parents nearby to take care of them in the first months with the family. To apply for Parental Leave an employee must submit his request several weeks in advance before the date he wants to start his leave. Providing that the reasons explained on the employees letter correspond with the legal requirements he or she will granted Parental Leave for a fixed period of time.

WHAT ARE EMPLOYEES ENTITLED TO?

There are two forms of Paternal Leave which are granted based on the needs of the child to have his parent with him: Paid and Unpaid Leave. Paid Paternal Leave is granted to the primary career to give the parent time off to care for the child and make the necessary arrangements to ensure his well being. Unpaid leave involves cases where the employee is not the primary caretaker but requires to take time off to help out with the child. Some countries also have Shared Paternity Leave so that the parents can take turns between working and taking care of the child.

WHAT CASES ARE EXCLUDED FROM PARENTAL LEAVE?

Some specific cases are not covered by Parental Leave laws such as mothers who had their babies through surrogate mothers, or men or women who have worked for less than a year for employers with 50 or more employees, and countries that don’t have Shared Parental Leave laws will only cover one of the parents taking leave. A woman who has recently had a miscarriage or an abortion but hasn’t suffered permanent physical or mental damage from it will also be excluded from Parental Leave laws, though if she is able to prove that she suffered serious health problems for the termination of her pregnancy she can be included to get a special leave.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.


Photo Credit: Shutterstock Olesia Bilkei

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