The Osage Nation Congress has guaranteed and expanded paid time off for new parents employed by the Nation, with the Maternity and Paternity Act, effective September 22, 2023. The act grants eight additional weeks for mothers, for a total of 12 weeks beyond the previous four weeks offered; and also offers six additional weeks for fathers, beyond the two weeks previously provided to Osage Nation employees who are new fathers.
The bill, ONCA 23-92, was sponsored by Eli Potts, and co-sponsored by Billy Keene, and expanded on the 2015 maternity/paternity leave precedent established by the Executive Office, and implemented by HR. Previously, the policy was subject to change, but now with the maternity/paternity act’s status as tribal law, the provision cannot change without both successful amendment by ON Congress, and the approval of Principal Chief Geoffrey Standing Bear’s signature.
The eight additional weeks of leave ON Congress has granted for mothers means that the Osage policy matches the 12 weeks of federally protected unpaid time off that new parents can take away from their jobs, while still expecting to retain them, according to the U.S. Department of Labor’s Family Medical Leave Act (FMLA). In other words, mothers won’t be allowed to take federally protected additional time off beyond what the Nation’s maternity policy allows. However, new fathers may still take off four additional weeks of accrued PTO, for a total of 12 consecutive weeks of absence, without risking their job security, as protected by federal law (U.S. Dept. of Labor).
The ON maternity/paternity tribal act does not specify if same-sex non-birthing female parents are to be classified in the role of “mothers” or “fathers,” in terms of whether they will receive 12 or eight weeks of leave. Additionally, the act specifies that “female employees” may take three weeks of their maternity leave before the birth of their child, while “male employees” must wait until after the birth.
The ON law does not define fathers based on relationships with mothers, such as marriage, partnerships, or blended families, but rather, paternity leave is specified for “the birth of a child to which they are the father.” This definitely, while classically in line with the English meaning of “paternity,” puts both mothers, who do not associate with their child’s father, as well as fathers who are raising a newborn child other than their own, at a disadvantage.
Additionally, the Maternity and Paternity Act does not state any pre-existing qualifications for taking leave associated with childbirth—such as that pregnancy must occur after an employee’s date of hire, or that employees must have worked so many months to qualify for maternity or paternity leave. As a result, employees could take maternity and paternity leave shortly after entering a new position. This absence of eligibility criterion is unlike FMLA rules, which require employees to have already been working for an employer for 12 months before taking any protected leave.
Osage Nation employees who have already exhausted their paternity leave but still need additional time with newborn children can check eligibility for federally-protected unpaid time off at the U.S. Department of Labor’s FMLA frequently asked questions page.
In addition to the requirement that workers must have already been employed for one full year before taking protected unpaid leave, the FMLA also requires that employees must have worked 1,250 hours during the 12 months before the leave and that they work at a location with 50 or more employees within 75 miles.
Although not extremely detailed, Congress’ expansion of family-friendly policies first introduced by the Executive Office in 2015 makes the Osage Nation more competitive as an employer. Additionally, the act constitutes a sovereign offering of resources and protection for Osage, Native, and non-Native employees alike, all under the government of the Osage Nation.
