Parental Leave - Variation in International Law

Variation in International Law

In most countries, paid parental leave (typically maternity leave) is available for those who have worked for their current employer for a certain period of time. National laws vary widely according to the politics of each jurisdiction.

3 different types of child care policies

1) Parental leave policies- Assists parents that are employed prior to giving birth in order to remain at home for a period of time so that they are able to care for the child. 2) Child care policies- Parents get assistance in non parental care for the child by subsidizing whatever type of care the parents select, or parents public programs. "Child care programs serve both working and non-working parents" 3) Early childhood benefits- is the newest policy, this policy supports parents in their every day care of their child. "The benefits by the government are cash grants that can be used to cover the costs of caring for and infant or toddler"

Only four countries have no national law mandating paid time off for new parents: Liberia, Papua New Guinea, Swaziland, and the United States. In the U.S., the Family and Medical Leave Act of 1993 (FMLA) mandates up to 12 weeks of (potentially unpaid) job-protected leave, including parental leave, for many American workers. Subnational laws also vary; for example the U.S. state of California does mandate paid family leave, including parental leave for same-sex partners.

Legal requirements for parental leave benefits do not always reflect actual practice. In some countries with relatively weak requirements, individual employers choose to provide benefits beyond those required by law. In some countries, laws requiring parental leave benefits are widely ignored in practice.