Maternity-leave politics

Great news! I’m expecting my first child. However, I’m afraid to tell my boss for fear that they’ll assign all of my issues to a sneaky co-worker (and underling) angling for my job. Ideally, I’d like them to hold my same job for me. I’d also like to take time off for maternity leave, preferably paid. I’ve heard some offices give six weeks’ paid maternity leave — and then you can use your vacation and sick leave to add to that. I’ve heard others give three months off, not paid, and then want you to work via BlackBerry and cell and laptop from home — and even the hospital! What’s the best way to broach this subject with my employer? Do I ask for paid maternity leave? Do I need to talk to a lawyer? Should I have to work from home to be on leave? Please help me establish the boundaries I should and have a job when I return.

— Expecting Mommy

E.M.,

It sounds like you’re smartly thinking about the maternity-leave issue much before you will need to take it. While I don’t have any first-hand experience in this arena, I think the best way to approach this issue with your boss is to come armed with information. I have a former colleague who loved saying, “Knowledge is power,” and I think that’s the case here. What I can do is equip you with resources and direct you to a few experts on the topic.

It also sounds to me like you’re a congressional aide, so I’m going to tailor this answer accordingly.

Your apprehension on this topic is understandable. Nicole Folk Cooper of the Congressional Management Foundation wrote to me that many congressional offices determine their leave on a case-by-case basis and often don’t have maternity-leave policies in place. 

“They may make their determination based on the employee’s position in the office or the current workload of the office, which could be perceived as unfair by staff and lead to morale issues or increased turnover,” she wrote.

Among the resources she pointed out are the House and Senate employment counsels, which can advise offices on maternity leave. 

There’s also the Office of Compliance, which administers the Congressional Accountability Act. The CAA is your protection in this case, and it guarantees 12 weeks of unpaid leave, so that’s your starting point. Barbara Sapin, the office’s deputy executive director, and Teresa James, the chief resolution officer, were happy to walk me through the basics of maternity leave and told me to encourage readers with similar questions to visit their web site, www.compliance.gov, or give them a call at 202-724-9250. 

Joanna Friedman, an attorney at Passman and Kaplan who focuses on federal employees’ rights, told me that the 12-week-unpaid-leave minimum is the norm and that paid leave is the exception.

But Friedman advised, E.M., that you go straight to your chief of staff to “find out the scoop because many members do give paid leave.”

And you needn’t worry about that pesky co-worker who’s barely waiting for the door to hit your backside before starting to lobby for your job, she said.

“The bottom line is her job should be protected,” Friedman said. “If it’s not her actual job [that she returns to], then she has to be placed into a similar position.”

I hope this information empowers you. My final words of advice would be to approach your bosses with confidence and a strong understanding of these protections. Ideally, you can come to an agreement quickly so that you can focus on what’s most important here: your new role as a parent.

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