How to Create a Maternity Leave Policy

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How to Create a Maternity Leave Policy: Include the Fine Print

Notices and Certifications
Your policy should include a clear explanation of what types of forms or notices will be required in order for the employee to be granted leave. The FMLA has a specific form called the WH380 that many employers adapt for their own use.
 
It's also imperative that you distinguish exactly how long the employee can wait before turning in the notice, as well as who they should give it to, says Hall. The FMLA breaks this down between foreseeable leave (such as the baby's due date) and unforeseeable leave (such as medical complications). FMLA-covered employers can require employees to notify them within 30 days of their foreseeable maternity leave, and within one to two business days of unforeseeable leave.  Technically, Hall says, an obviously pregnant employee can wait until that 30-day mark to request leave, but it would be wise to ask employees to "give as much notice in advance as you possibly can" in the policy.

If you know of an employee who hasn't yet discussed his or her foreseeable leave with you, it's important to be smart and tactful in your approach. While it's not illegal to ask an employee if she's pregnant, if a worker feels that he or she is being forced to take maternity leave, a discrimination suit could be lurking around the corner. Hall suggests sending all of your employees a memo, or holding a general human resources meeting, to remind everyone of the notification requirements that must be upheld in order to receive leave.

Explaining What Benefits Will Apply
The next step in your policy is to explain to the employees what benefits they will still be eligible for while on leave. Under the FMLA, employers must continue paying insurance premiums while the employee is on leave, which requires telling employees in your policy that they must continue to uphold their portion as well. If the FMLA doesn't apply to your company, you don't have to keep making those payments, Hall says. But if your policy says you're going to stop, then COBRA can kick in for the employee, which could become more expensive for the employee because he or she must start paying the entire premium themselves. "This can be really cost-prohibitive for the employee to take this maternity leave that you intended to be a benefit," Hall says. "I typically recommend these employers to talk to a health insurance broker to find out what makes sense to them.'
 
Dig Deeper: An Example Response to a Request for Leave

How to Create a Maternity Leave Policy: Facilitating the Return of Employees

The FMLA requires that employers reinstate employees returning from their 12-week leave to their same positions. However, says Pratt, if the employee isn't able to return immediately, there are different approaches that can be taken, especially if the employee is valuable to your company. "Keep it open to say that there is a possibility to extend leave," she says. "Don't just have a knee-jerk reaction that says if you don't return you lose your job." If the employee has post-delivery complications, you might even be required to extend the leave, in order to comply with the Americans with Disabilities Act, Pratt says.
 
For new mothers who are able to work but might require certain physical or environmental provisions, there are also flexible work options such as telecommuting. If you go with this, says Katepoo, keep in mind that the employee may still require a lighter load. "My concern would be that the woman gets enough leave time before she does some work from home," she says. "Working from home is not a replacement for maternity leave, so that when you get home with your baby, you can just get started again."
 
Many businesses are also instituting programs that allow mothers to bring their newborns to work, so that they don't have to leave their careers behind to bond with or care for the child. "It makes it less likely that [the employee] will need to quit completely, from either daycare costs or from separating from the baby because they're so young," says Carla Moquin, founder of the Parenting in the Workplace Institute, an organization in Salt Lake City that assists businesses in setting up the programs. Most companies, she says, require the parent to sign a legal waiver form in the event of an injury sustained by the child in the workplace, and to designate a co-worker as an alternate-care provider.
 
Dig Deeper: The Pros and Cons of Babies in the Office

How to Create a Maternity Leave Policy: Enforcing Your Policy

According to Pratt of Seyfarth Shaw, companies often make the mistake of creating a policy and failing to train managers to enforce it. "If one of the goals here is to make sure you retain these valuable employees, you're going to lose that if you have this slapdash policy that they don't understand," says Pratt. After your policy in place, you should set up a process of correspondence in advance, so that employees know what to do when the policy actually has to be used. For example, "He or she should be well-informed about where leave starts and stops and who to notify," she says. "It really helps to have a well-trained HR staff."

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J.J. McCorvey is a reporter at Inc. magazine, where he covers a wide range of topics, including technology and business research. He has covered metro news for The Detroit News, and his work has been featured in Men's Fitness. @jmccorvey