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Child care leaves — an issue of needs and rights Personnel policies reflect society s changing attitude toward parenting. By Dr. Regina B. Glover Today women comprise 47 percent of the U.S. labor force. In the past 30 years, the number of working mothers has tripled, and in the past decade women have accounted for more than a 50 percent increase in the labor force. It is predicted that 80 percent of working women will become pregnant at some point during their working lives. Many employers today are playing a game of catch up as they try to adjust to the new worker profile and meet legal requirements for maternity, paternity and child care leave. Background Confusion and controversy historically surrounded the issue of maternity leave. In 1964, when Title VII of the Civil Rights Act prohibiting sex discrimination was passed, 40 percent of all employers still did not provide unpaid maternity leaves. Pregnant women were simply fired. Of those organizations providing leave, more than 50 percent forced employees to take it at the seventh month of pregnancy. Only six percent permitted women to use sick leave for pregnancy-related illness or disability. By 1977,13 years after the law prohibiting sex discrimination was enacted, only 26 percent of female workers could use sick leave for pregnancy-related illness. Moreover, only 73 percent of female workers received maternity leaves with reemployment rights. In 1978 Congress amended Title VII of the Civil Rights Act with the passage of the Pregnancy Discrimination Act (PDA). It expanded the definition of sex discrimination in Title VII to include pregnancy, childbirth or related medical conditions. In essence, the Act requires employers to treat pregnancy and pregnancy-related conditions on an equal basis with other medical conditions. New obstacles However, many of today's personnel policies continue to create obstacles for women who seek dual careers as mother and employee. In most cases, this is because these policies have not been updated or because employers misunderstood the scope of discrimination. It is not unusual to hear of women being questioned about their child-bearing plans during interviews or of promotions lost because of pregnancy. It is important to realize that the PDA prohibits employer discrimination based on pregnancy, childbirth or related medical conditions. It also requires employers of 15 or more people to treat pregnancy and childbirth the same as any other disability. Operationally, the PDA influences several personnel policy areas; medical coverage, sick days, leave, seniority, reinstatement and ability to work. However, pregnancy does not mean extra rights. Health insurance Any health insurance program that is offered to employees must cover expenses for pregnancy-related conditions on the same basis as for other medical expenses. That is, no caps may exist on the amount of pregnancy, childbirth and other such medical conditions. Illinois Parks and Recreation 26 March/April 1986 The law does not require employers to offer dependent health insurance. If, however, an employer decides to offer health benefits to employees' spouses, pregnancy must be covered on the same basis as any other disability. Employers are not required to pay health insurance benefits for abortions except when the mother's life is in danger or where medical complications arise from an abortion. However, all fringe benefits which are given for other medical conditions must be provided for abortions. Sick days The PDA also dictates that sick days must be allowed for morning sickness, childbirth, time off before delivery, recuperation following childbirth and other absence attributable to pregnancy. These sick days are granted as they would be for other medical conditions such as appendectomy, recuperation from a heart attack or elective surgery. The same guideline holds true for temporary disability plans or salary continuations. If such plans exist for nonoccupational sickness or injury, then pregnancy must be treated in the same manner as any other illness. Women cannot be required to exhaust vacation benefits before receiving sick leave or disability benefits unless this is routinely demanded of other employees. If the employee asks for leave beyond the time when she is medically capable of returning to work, the leave is to be treated on the same basis as any other non-medical leave. While a woman is on disability leave for pregnancy, seniority must be upheld or accrued on the same basis as other disabilities. Vacation, pay increases, insurance premium payments and continued payments into pension and savings are to be handled in a manner equal to other disabilities. The job must be held open on the same basis as it is for all employees on sick or disability leave. If the employee extends leave beyond when she is medically disabled by taking unpaid leave or vacation time, the law no longer protects her job or salary. New legislation The most common length of pregnancy leave is six weeks. However, future legislation may change this. U.S. Rep. Patricia Schroeder (D-Colorado) has introduced a bill which would require all employers to grant 18 weeks of paid pregnancy leave and guarantee women the right to return to the same or comparable job. Passage for the bill does not seem likely in the immediate future, but it does reflect a growing interest in extending maternity leave protection.
Illinois Parks and Recreation 27 March/April 1986 Ability to work The determination of ability to work in the case of pregnant workers should follow the same practices which determine the ability of all employees to work. An employer cannot prohibit an employee from returning to work after childbirth. Moreover, no minimum number of weeks may be specified for a woman to stay on leave due to childbirth. A physician's statement may be required to indicate ability to work if it is also required in other short-term disability cases. It is important to realize that "temporarily unable" to perform some or all functions of the job requires employers to make accommodations as they would for any temporarily disabled worker. This could include modified tasks, alternative assignments or simply relieving the employee of some function she can't safely perform. Sometimes agencies provide personal leave to employees once temporary disability benefits or sick days have been exhausted. If such programs exist, pregnancy must be treated equally with all other medical conditions. "Breadwinners" of a household may not receive preferential salary continuations. Child care The PDA does not cover extended leave for child care. However, Title VII does require that leave for this purpose be granted on the same basis as leave granted to employees for other non-medical or personal reasons. Child care leave should be granted equally to mothers and fathers. If employees are allowed to adjust work schedules to take non-related courses at area schools, then adjustments in schedules for child care leave must also be allowed. The job disruption that child care leave creates is often vastly exaggerated by most employers. If steps and guidelines for non-medical or personal leave are clearly defined, most problems are minimized, if not avoided. Another popular strategy for child care is to provide job site day-care centers. Illinois Parks and Recreation 28 March/April 1986 Employers who have them note diminished absenteeism, increased productivity, enhanced ease of recruitment and improved community relations. U.S. Sen. Alfonse D'Amato (R-New York) and Rep. Mario Biaggi (D-New York) have both sponsored bills that offer a 75 percent tax credit to companies establishing day-care centers. The likelihood for immediate passage of such bills seems nil, but the increasing concern for child care provisions cannot go unnoticed. Paternity leave The implications of Title VII and PDA for paternity leave are yet to be seen. The image of the "modern" father has sparked the idea of matching maternity leave with paternity leave. A 1983 study of Forbes Market Value 500 companies found 10 percent with paternity leaves equivalent to the maternity leaves they offered. However, very few employees actually take advantage of paternity leave. A "double bind" exists. The establishment of paternity leave implies that it is okay to take it. But, in reality, most employees perceive a negative career impact if they were to do so. This may not be the case in the future. The National Broadcasting Company (NBC) is presently being sued for sex discrimination by an audio engineer who was not allowed to take paternity leave. (NBC does provide maternity leave with guarantees regarding job reinstatement, seniority and benefits.) Presently, many employers grant a day or two off to the father when a baby is born. This is a "baby bonus" — not a paternity leave. As a fringe benefit there is no equivalent situation for the female employee. As our society's attitudes toward parenting continue to change, so, too, will personnel practices. Fairness and innovation will become the key words describing future personnel policies.
Illinois Parks and Recreation 29 March/April 1986 |
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