Wednesday, March 23, 2011

We've (not) come a long way, baby!

My sister just had a baby on Monday (isn't my nephew adorable!) and I've been spending some time in the hospital where he was born. This particular hospital brings back memories because not only were both my children born there as well, I spent months on bed rest there with each child.

Let me tell you, if you haven't had the pleasure of being on bed rest while pregnant, consider yourself one lucky mama. While some misinformed friends would declare that they wished they could be like me and just "lounge around in bed all day," let me assure you, it wasn't all bon bons and manicures. Being in bed is one thing, being forced to stay in bed 24/7 for months at a time is quite another. Want to shower? Sorry, no can do. Need to go pee? Hello bedpan! You get the idea.

Needless to say, once my bed rest adventure commenced, I could no longer go to work, though I did telecommute to my office for as long as my doctor permitted. Unfortunately, I had to begin my maternity leave before my daughter was born, which left me with a whopping 10 days off after delivery. Now, most women (or people in general) would assume that 10 days is way too soon for a mommy to return to work after having a baby. My boss, who was 50 and single with no children of her own, thought it was perfectly acceptable for me to return and informed me that I'd have to resign if I wasn't able. I consulted with a cousin who is an employment and labor attorney who told me that unfortunately, there wasn't much I could do. So, though I loved my job (and the steady paycheck), I reluctantly resigned.

Seems not much has changed in the nearly 7 years since my ordeal. A new report by Human Rights Watch details how U.S. paid paternal leaves falls radically short when compared with other nations. According to the study, 178 countries have paid maternal leave laws in place, with the notable exceptions of the U.S., Swaiziland and Iran. Fifty nations go so far as to guarantee paternal leave for new fathers.

Current American law covers companies with 50 or more employees, guaranteeing them at least 12 weeks of unpaid leave for the birth of a child or to care for a sick child through the Family Medical Leave Act (FMLA). While I was fortunate enough that my company did indeed pay a portion of my salary during my bed rest, that was only because I went on short term disability. It had nothing to do with FMLA, but somehow, it ran concurrently with that unpaid leave, so I was left with just over a week to get acclimated to my new child before I was expected to report to the office.

Estimates show that only 10 percent of companies in the U.S. have paid leave plans in place. The current law (in place since 1993) puts low income workers at a distinct disadvantage since they are losing a paycheck at a time when they need it most. Renewed efforts to update the law and make it more "family friendly" have failed, in large part because the massive business lobbies argue that it would create an undue burden on employers.

There is a dim light at the end of the tunnel. While I sincerely hope that the law is brought into the 21st century very soon, both California and New Jersey currently have paid leave programs in place, each giving families six weeks of paid leave to care for a new or seriously ill child.  President Obama has set aside $23 million in his latest budget proposal to encourage other states to pursue similar legislation. The programs in NJ and CA are paid for by small payroll tax contributions but $23 million would go a long way in helping with start up costs in other states. One such beneficiary, Washington State, passed a law regarding paid family leave, but has been unable to implement it since 2007 due to lack of funding.

While employers fret over employee absence and the effect on the bottom line, imagine what such a plan would do to boost workplace morale and loyalty. Most new moms can relate to the challenges that come with new motherhood and often, the ensuing depression, roller coater of emotions and sheer lack of sleep that takes its toll in the first few months. Think of the positive effect a paid leave policy would have in putting some of those fears to rest. I would gladly have considered returning to my previous position (or a similar one, if mine couldn't be held open), if I had been given a decent opportunity to bond with my child without having to choose between her and my job.

My sister is a teacher and while she plans to return to work after her maternity leave ends, she's fortunate that her 12 weeks of paid leave, will be followed by several more weeks of unpaid leave, since she would have been off work during the summer months anyway.

Almost makes me want to move to Canada (or Australia) where new moms get more than 15 weeks of PAID leave (as well as optional additional months, unpaid). Or what about the Czech Republic, which offers three years paid leave. Or the UK, which grants 52 weeks (more than 4 years!), 39 of which are paid.

How embarrassing that the world's superpower, The United States of America, doesn't give paid maternity leave, while countries like Burundi, Cameroon, Madagascar, even Saudi Arabia, Rwanda and Afghanistan have such laws in place.

For once, maybe we can take a page from their playbook.

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