With more women in the workforce, and more deciding to return to work after having a baby, maternity leave is something every employer needs to understand and prepare for. Recent changes in federal law require employers to be more accommodating to employees who are pregnant or new parents. Pregnancy is now classified legally as a disability, and so is subject to disability discrimination laws, and certain kinds of businesses are legally required to provide unpaid leave to new parents.

Things to include in your maternity leave list of issues to consider:

1. What is required by state and federal law
2. If your current maternity leave polices comply with all regulations
3. How to provide maternity leave information to your employees
4. How you'll maintain productivity during employee maternity leave
   

Action Steps
The best contacts and resources to help you get it done

Comply with federal laws regarding maternity leave

While paid maternity leave is standard practice in most other developed countries, it's rare in the United States, and even unpaid leave is a relatively new practice. However, two federal regulations have given more protection to new parents. The Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Act of 1964, disallows discrimination based on pregnancy or childbirth, or any medical condition related to these. And the Family Medical Leave Act, enacted in 1993, requires businesses that have at least 50 employees to provide up to 12 weeks of unpaid leave for new parents. Websites for the government agencies overseeing family leave usually include a maternity leave directory of information.

I recommend: At the U.S. Department of Labor website, download fact sheets and use the department's e-Tools, such as the Family and Medical Leave Act Advisor. At the Equal Employment Opportunity Commission, order a fact sheet about the Pregnancy Discrimination Act.

Hire an employment attorney to review your maternity leave policies

No matter how much you've researched maternity leave, it's a worthwhile investment to hire an attorney to review your policies and practices to ensure compliance with state and federal laws.

I recommend: Search for an employment attorney with the American Bar Association's Lawyer Locator, or consult an attorney referral service such as the Attorney Search Network.

Provide employees with easy-to-understand maternity leave information

Even though some aspects of maternity leave are required by law, others are at the discretion of the employer, such as if the leave is paid or unpaid, and how much advance notice is required (but at least 30 days, according to the FMLA). Make sure your policies are clear and available to all employees; include them in your employee handbook to ensure everyone is familiar with them.

I recommend: Find maternity leave sample policies at a maternity leave provider of sample policies like the Business Owner's Toolkit or Personnel Policy Service.

Hire temp workers to fill in during employee maternity leave

Especially for small businesses, an employee's maternity leave can increase the workload on other staff members, and even slow productivity. By hiring temp workers to handle that employee's job duties, you reduce stress on everyone, and make it easier to keep that employee's position while they're gone.

I recommend: Find a local staffing agency through the American Staffing Association, or turn to an Internet-based employment agency such as AppleOne, which offers special services just for emerging businesses (those with less than 100 employees).

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Rather than worrying about the challenges of maternity leave, think of it as a tool to retain valued employees and show them you respect their contributions and their commitment to their families. By providing paid or unpaid maternity leave, and by offering them flexible working arrangements when they return, they'll be more likely to stay with your company long-term.