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[Real Life HR] Creating a Parental Leave Policy: What to Consider

[Real Life HR] Creating a Parental Leave Policy: What to Consider

Q: We would like to start offering parental leave. What are some things we should consider as we create our policy?

A: Parental leave is one of the most meaningful benefits an employer can offer—and one that today’s workforce genuinely values. By supporting employees as they welcome a new child, you show that you’re invested in the well-being of your team.

While much of your policy can be customized to fit your business, here are several key considerations to guide your planning:

1. Understand Federal and State Leave Requirements

Before you design your own benefit, check for any mandatory leave requirements:

  • FMLA (Family and Medical Leave Act): If your business has 50 or more employees, you’re likely subject to FMLA, which provides up to 12 weeks of unpaid, job-protected leave for certain family or medical reasons, including the birth or adoption of a child.

  • State and Local Laws: Many states—and even some cities—offer their own family leave laws, which may require paid or additional leave options. For example, some states require employers to provide paid sick leave, which can often be used as parental leave.

Make sure your policy complements these regulations. For more, Family Leave Rules: Caring for a Spouse, Child, or Parent.

2. Define Employee Eligibility

Who gets access to parental leave in your organization?

Historically, only mothers were offered time off, but many businesses now offer leave to both parents—regardless of gender—and extend the benefit to adoptive or foster parents as well. You'll also want to clarify:

  • Whether both full- and part-time employees are eligible

  • If employees need to meet a minimum tenure (e.g., 6 or 12 months) before becoming eligible for leave

Defining eligibility clearly will help set expectations and ensure fairness.

3. Decide on Paid vs. Unpaid Leave

Offering some paid leave—even if it’s partial—can be a significant morale booster for employees. You don’t need to offer 100% pay for the entire leave to make a meaningful impact.

  • If you have a short-term disability (STD) plan, birthing parents may already be covered for a portion of leave.

  • You can offer a mix of unpaid and partially-paid leave to balance costs and care.

Looking to align parental leave with your broader benefits strategy? Check out our guide to Strategic Employee Benefits Planning.

4. Offer Flexibility When Possible

Not every parent wants—or needs—to take leave in one block. Offering flexible use of parental leave (for example, allowing intermittent time off within the baby’s first year) helps working parents manage childcare, recover, and return to work more smoothly.

Some companies allow parents to use leave as needed over several months, which can be a powerful retention tool and a real-life solution for employees navigating life’s complexities.


A well-designed parental leave policy isn't just a perk—it's a reflection of your company’s values. It shows employees you care about them as people, not just workers. And that investment can pay off through increased loyalty, stronger recruitment, and a more engaged team.

Have questions or need support? Our HR experts are here to help—reach out today.

This Q&A does not constitute legal advice and does not address state or local law. 

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