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ARTICLE · 22 NOVEMBER 2018

5 Common Issues Multinational Employers May Encounter When Implementing Leave Policies

Ogletree, Deakins, Nash, Smoak & Stewart
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For the purposes of talent acquisition and retention, multinational employers with U.S. parental leave policies may wish to roll out the exact same policies at all locations.

United StatesEmployment and HR

For the purposes of talent acquisition and retention, multinational employers with U.S. parental leave policies may wish to roll out the exact same policies at all locations. However, this can easily turn into a tale of "no good deed goes unpunished" because certain provisions may run afoul of local laws and customs or inadvertently grant additional benefits. Below are several common issues multinational employers may want to keep in mind when drafting parental leave policies, as well as steps they can take to harmonize policies globally.

1. Retaining Discretion Regarding How Much Leave to Provide

Policies allowing an employer to retain discretion as to how much leave to provide may run afoul of certain countries' (such as Chile, Colombia, and Mexico) laws. For example, if a policy contains a provision for up to 18 weeks of leave, the "up to" language signifies that the employer has discretion. This can violate the some countries' requirement that

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