Parental leave rights abroad

Expat parents need to know their rights when it comes to parental leave.

Parental leave is the name given to maternity, paternity and adoption leave. This can be paid or unpaid time-off from your job to take care of a child, or make arrangements for a child’s welfare.

The rules and provision for this type of leave vary from country to country. There are only four countries in the world where paid leave for new parents isn’t enshrined in national law: Papua New Guinea, Liberia, Swaziland, and the United States. In total, 163 countries offer women paid leave for the birth of a child.

United States

The U.S. is one of the richest countries in the world, yet offers no paid leave for new parents. The Family and Medical Leave Act (FMLA) came into being in 1993 and applies to companies who employ 50 or more workers in a 75 mile radius of the workplace.

If you have worked for one year at your company, and work a minimum of 25 hours a week you are entitled to 12 weeks unpaid, job-protected leave. You can take these 12 weeks in one go, or spread out over a year before or after the birth of your baby. Depending on your state and your company you might be entitled to more so you should check with your HR department.

Australia

The new government looks set to increase the paid parental leave allowances in Australia in summer 2014. However, current legislation allows for 18 weeks minimum wage (AU$622.20 /week) maternity leave, funded by the government. To be eligible for this you must meet residency requirements and be the primary carer (usually the mother) of the child.

Two weeks leave is available for partners or fathers, payable at the same rate and subject to similar conditions.

UK

Mothers are entitled to 52 weeks of maternity, or adoption, leave, 39 weeks of which is paid. The first six weeks are paid at 90% of the full salary, with the remainder paid at a fixed rate of £136.78 a week, or 90% of your salary (whichever is lower).

Women must take two weeks off after the birth, increasing to four weeks for factory workers. For maternity pay you must have worked for your company for at least 26 weeks, and have earned a minimum of £109 in an eight-week period.

Spain

New mothers are entitled to 16 weeks maternity leave in Spain, this increases to 18 weeks for twins, and 20 weeks for triplets. If you have to take time off due to illness during your pregnancy, this won’t be deducted from your leave allowance after the birth.

Fathers are allowed 15 days leave, the day of the birth, the following day, and 13 additional days including weekends. These can be taken at any point during the mother’s maternity leave.

Expats should remember, to be eligible for parental leave mostly likely they will need to be a legal resident of the country. Companies often have their own rules regarding pay and duration, and you may be entitled to more than you think, so always check with your HR department.

Image courtesy of Doriana_S (sxc.hu)