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Why do labour laws include maternity protection and paternity leave?

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The Code of Hammurabi diorite stela, with carved figures at the top showing Hammurabi seated with cuneiform inscriptions below. — Labour law Diorite stela inscribed with the Code of Hammurabi, 18th century bce.

Labour laws include maternity and paternity protections to ensure that employees can care for a new child—whether through birth, adoption, or foster care—without the anxiety of jeopardizing their employment or losing essential group health benefits.21

These policies are fundamentally rooted in the ethical principle that individuals should not be forced to choose between their family responsibilities and their livelihood. By mandating job-protected leave, these laws provide the necessary time for parents to bond with and adjust to a new child. Furthermore, advocates for gender equality emphasize that such provisions are essential to making parity in parenting a tenable and practical reality for all families.12

While federal frameworks like the Family and Medical Leave Act (FMLA) in the United States provide a baseline of job protection, the availability of paid leave varies significantly, which directly influences the "take-up" rates among parents.21