The International Labour Organisation (ILO) adopted the Maternity Protection Convention (Convention 183) in 2000, which is the most up-to-date international labour standard on maternity protection. It includes recommendations on the minimum length and types of maternity benefits and protection measures.
Parental leave is sometimes used as an umbrella term to describe the combination of maternity, paternity, and/or parental leaves. From a policy perspective, these subjects can be differentiated as follows:
Maternity leave: A job-protected rest period, usually paid, that is provided to mothers towards the end of their pregnancy and continuing immediately after they give birth. Maternity leave is generally provided to biological mothers, including surrogates, as a health measure. It is also provided to adoptive mothers in many countries. Maternity leave can sometimes be transferred to other caregivers (e.g. in the case of the mother’s death). It is also sometimes obligatory for a minimum of six weeks.
34 out of 35 countries in the region have maternity leave
Paternity leave: Job-protected leave that is often limited to biological fathers at the time of the birth of their child and immediately afterwards. It is a care measure that allows fathers to better meet the needs of their infant (and any older children) and to assist the infant’s mother in recovery from childbirth and in establishing feeding and other routines. Same-sex partners of birth mothers are increasingly eligible for this entitlement.
21 out of 35 countries in the region have paternity leave
Parental leave: A period of longer, job-protected leave available to either or both parents to allow them to care for their infant after maternity or paternity leave expires. Parental leave is considered a care measure.
7 out of 35 countries in the region have a form of parental leave
There has been a gradual extension of maternity leave in the Americas and Caribbean region, primarily motivated by women’s and infant health concerns. Paternity and other family-friendly policies are scarce but show great promise as mechanisms to promote gender equality, women’s rights, and sustainable development.
Globally, expanded gender-neutral parental leave is increasingly prevalent, and there is a corresponding shift away from maternity and paternity leave. This forms part of a new approach favouring gender-neutral or undifferentiated policies related to care and work-life balance.
See this chart for a full list of existing parental leave provisions, by country.
Some of the most persistent gender inequalities are related to the burden of unpaid care work on women, which often translates into job insecurity and fewer opportunities for personal and professional advancement. Parental leave can be a critical measure for advancing gender equality and women’s empowerment at work and in the home.
Protected, paid leave enables women to maintain a greater degree of financial independence with continued earnings to support themselves and their families. It also increases the likelihood that they will remain in the labour market. Furthermore, paternity and parental leave promote involved fatherhood, which can be transformational during the early months of children’s lives and send a message that no parent should be singularly responsible for care work.
The benefits of parental leaves for gender equality include:
In recent years, positive shifts have occurred in the legal and policy landscape of parental leave: away from exclusively providing maternity leave, in favour of providing shared parental leave; and away from individual notions of childcare responsibility, towards models of co-responsibility. In this evolving landscape, a careful mix of policies that are responsive to local socio-legal contexts can help to produce a strong system that allows women and men to succeed in their work and personal lives.
The following are relevant considerations for designing or assessing regulatory frameworks in the area of parental leave.
Make parental leave universal and publicly-funded, with the same or an equivalent job guaranteed upon return to work.
Even in countries with legal rights to parental leave, not all workers will have access to this leave. Given the high rate of informal and precarious employment in the region, and the higher likelihood of women to have intermittent work histories and/or to be employed part-time to balance care responsibilities, many do not meet the qualifying condition.
Publicly funded mechanisms (i.e., non-contributory models financed by general taxation) are the most inclusive option for financing parental leave. When employers are responsible for all or part of benefit payments, there is a significant risk of discrimination against women. This discrimination can be subtle or even unconscious on the part of the employer due to ingrained gender norms, but it can ultimately result in increased reluctance to hire or promote women.
All leave policies should also guarantee job protection. In some countries in the Americas and the Caribbean, the dismissal of pregnant workers or workers on maternity leave is not prohibited by law. Unfortunately, it is not uncommon for women to be terminated from their job for reasons that are directly or indirectly related to maternity. In companies, this is often disguised as “restructuring.” Women must have dependable protections and recourse against this violation of their labour rights.
Incentivize fathers to take their maximum allowance of paternity and/or parental leave.
As a first step, it is crucial to reform the regulatory frameworks on parental leave to enable men to use these benefits. For example, ensuring job protection for men on leave removes a potential financial risk that may have prevented a father from taking leave if their salary was higher than their partner’s.
Data from countries that have implemented paid, non-transferable leave (“use it or lose it”) for fathers demonstrates that this incentive structure stimulates a higher take-up rate. Non-transferable leave has the longest history in Scandinavian countries, and take-up rates grew exponentially after it was put into effect.
Paternity and non-transferable leaves should not take away from the time designated for maternity leave. Instead, leaves available exclusively to fathers should be extended (as should the length of maternity leave, if it is insufficient by international standards). Some companies voluntarily provide a bonus, an extension of leave days, or other benefits when fathers take a certain amount of leave. Campaigns to visibilize these benefits can be a powerful means of normalizing men’s use of the full amount of paternity and parental leave.
Promote conditions that make breastfeeding a viable option for workers for as long as they choose.
If conditions are supportive, breastfeeding is compatible with full-time employment, and it can increase the rates of exclusive breastfeeding among those who choose and are able to do so. For breastfeeding mothers, policies that guarantee paid breastfeeding breaks throughout the day can make the transition back to work less challenging after parental leave and enable continued breastfeeding to remain a true choice. The policies should be backed by strong legislation and education for employers and all employees, which will promote greater cultural acceptance of breastfeeding.
Use language that is inclusive of all gender identities and experiences of parenthood.
Families and their experiences of parenthood are diverse, and legislation should reflect inclusion of LGBTQI people in order to uphold the rights of this community and the principles of non-discrimination. Careful attention to terminology, not only in legal frameworks but also in daily speech, can help to transform attitudes and promote inclusion.
Consider making leave policies gender-neutral but with adequate provisions for the birthing parent who requires unique protections in relation to their working lives, including additional leave before and immediately following delivery. Gender-neutral leave policies work from an understanding that all workers may have reproductive and caregiving responsibilities, not only biological mothers.
Lead by example, showing that parliaments are workplaces and that parliamentarians are also parents.
Parliamentarians can play a powerful role by modeling good practices. In addition, individual actions, especially by high-profile figures, can help to reshape cultural expectations around parenting and work-life balance. In their offices, parliamentarians can champion work-life balance for staffers, whether or not they have children. In addition, just as it is important to ensure there is no bias against employees who are parents, childfree employees should not face pressure to take on additional projects or work longer hours than their peers with childcare responsibilities.
Number of countries in the Americas and the Caribbean where maternity or parental leave benefits are 100% paid by the government
Number of countries in the Americas and Caribbean that meet the minimum number of weeks (14) for maternity leave recommended by the International Labour Organization
$12 Trillion USD is the estimated amount added to the global economy by 2025 if women’s equal participation in the workforce is achieved
The good practices that follow have been shared by parliamentarians and other stakeholders.