In an article published by the Society of Human Resource Management addressing how employers are responding to parental leave policies following pandemic-era routines, which have shown employees can be productive in remote and hybrid working environments while juggling home responsibilities, Phillip J. Strach, Raleigh-based partner at Nelson Mullins, said employers considering making policy changes should ensure updates comply with the Family and Medical Leave Act.

“The basis for FMLA is that you get to take protected leave” with the promise that your job will be there for you when you return, he said. Employers that allow employees to say, “I can work from home, so I’m not going to take any maternity leave,” are taking a risk.