If You Plan a Family Soon: Maternity, Paternity, and Leave Language to Add

The worst time to discover your maternity or paternity leave is terrible… is when you’re already pregnant.

If you even think you might want kids in the next 3–5 years, you treat leave language like salary and call schedule: core, not optional. Programs and employers will not do this for you. You have to.

This is about what to put in writing when you’re negotiating your first attending job and you’re planning (or open to) starting a family soon.

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1. The Ground Rules: How to Think About Family Planning and Contracts

You’re in a weird spot. You’re:

• Finishing residency/fellowship
• Trying to land a job
• Possibly planning a pregnancy or adoption in the next few years

And all the while you’re being told two conflicting things:

1. “Don’t talk about pregnancy, it’ll hurt your offer.”
2. “You should negotiate your leave.”

Here’s the reality:

You do not need to disclose family plans. At all. Ever. But you should negotiate leave language as if you will need it. Because you probably will.

So your mindset becomes:

• “I’m negotiating a standard, modern physician package that assumes I might need family leave.”
• Not “I am pregnant and need special treatment.”

You are asking for structural protections, not confessing a secret.

Your job is to make sure:

1. There’s clear paid leave (separate from or in addition to vacation).
2. Your job, pay, and bonus are protected while you’re out.
3. Your partnership track / PSLF / benefits do not get quietly wrecked.

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2. What Leave Should Look Like for a New Attending

Let me give you a rough target so you know what’s reasonable to push for.

For employed physicians (hospital systems, large groups), a competitive childbearing/parental leave setup looks something like:

Type	Reasonable Target
Paid maternity (birthing parent)	8–12 weeks paid at full or near-full pay
Paid parental (non-birthing)	2–6 weeks paid
Unpaid protected time	Up to 12 weeks total job protection
Vacation/PTO	3–5 weeks per year, separate

Many places will be worse than this. Some will be better. But if they’re offering:

• “You can use your vacation”
• And “short-term disability”
• And “we’ll see about unpaid time”

…with nothing in writing about pay protection, bonus, or job security, that’s not adequate.

You’re aiming for language that answers four questions clearly:

1. How many weeks can I be out?
2. How much of that is paid, and at what rate?
3. What happens to my bonus/RVU/productivity expectations?
4. What happens to my benefits, partnership track, and job during that time?

If your contract can’t answer all four in writing, it’s not done.

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3. The Actual Clauses You Want (Copy These)

Let’s get concrete. This is what you’re really here for.

You’re going to adapt this wording to your contract and your situation. But something close to this should appear in writing.

3.1 Core Maternity/Parental Leave Language

For a birthing parent (you or your partner, depending on who’s the physician):

“Physician shall be eligible for maternity leave of up to twelve (12) weeks in connection with childbirth. Of this, a minimum of eight (8) weeks shall be paid at one hundred percent (100%) of Base Salary, which may be supplemented by any applicable short-term disability benefits without reduction to Base Salary. The remaining four (4) weeks, if taken, shall be job-protected and may be unpaid or supplemented with accrued paid time off at the Physician’s discretion.”

For a non-birthing parent:

“Physician shall be eligible for parental leave of up to four (4) weeks in connection with the birth, adoption, or placement of a child. This leave shall be paid at one hundred percent (100%) of Base Salary and may be taken consecutively within the twelve (12) weeks following the event, subject to reasonable scheduling needs of the practice.”

If the employer is stingy, you still push for them to spell out what exists:

• Even if it’s “FMLA only,” you want that written
• Even if it’s just “use PTO + STD,” you want duration and pay rate in black and white

3.2 Make Sure Leave Is Not Just “Use Your PTO”

Bad version I’ve seen too often:

• “Any time away from work shall be taken from the Physician’s PTO bank.”

Better language:

“Paid parental leave described herein is in addition to Physician’s annual vacation and CME leave and shall not reduce or substitute for such time unless elected by Physician in writing.”

If they absolutely refuse to separate it, then at least:

“Physician may, at their option, supplement paid leave with accrued vacation/PTO, but the use of such time shall not be mandated by Employer as a condition of receiving parental leave benefits.”

You’re trying to avoid: being forced to burn through all your vacation just to have a baby, and then having zero time off once you return.

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4. How Leave Interacts With RVUs, Bonuses, and Partnership

This is where people get screwed. Not the base pay. The incentives.

4.1 RVU / Productivity Targets

You want language like this:

“For any period of approved maternity or parental leave under this Agreement, Physician’s productivity, wRVU, or other performance targets, as well as any related bonus thresholds, shall be prorated based on the period Physician is actively working, and Physician shall not be penalized or deemed noncompliant with production expectations for time taken as approved leave.”

Even better if they’ll go further:

“During approved maternity or parental leave, Physician shall be deemed to have met minimum productivity thresholds for purposes of eligibility for quality or productivity bonuses, based on the average performance of the three (3) months immediately preceding such leave.”

Why this matters:
I’ve seen contracts where:

• Base salary is protected
• But RVU bonus is not prorated
• So the “mom” attending misses the entire bonus season
• While her male colleagues hit targets and walk away with $30–50k more

Legally fine. Ethically garbage. Preventable if you insist on language now.

4.2 Partnership Track / Share Buy-In

If it’s a private group with partnership:

You want something like:

“Time taken for approved maternity or parental leave, up to twelve (12) weeks per birth or adoption event, shall count as time in service toward eligibility for partnership/shareholder status and shall not delay Physician’s partnership eligibility date.”

And if there’s a productivity component to partnership (there usually is), pair it with the proration language above.

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Impact of Unprotected Leave on Annual Compensation

Category	Value
No Leave	300000
Protected Leave	295000
Unprotected Leave	250000

The exact numbers vary, but that last bar—unprotected leave—represents the attending who doesn’t fix the RVU/bonus language and gets crushed in year 1.

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5. Job Protection, Termination, and Tail Coverage

You’re out having a baby. The last thing you want is to be quietly labeled “abandoning the practice.”

You want explicit language saying:

“Time taken for approved maternity or parental leave shall not constitute grounds for termination for cause, breach of this Agreement, or abandonment of duties, and shall not trigger any early termination penalties or liquidated damages provisions.”

And, if your contract has a strict notice requirement (e.g., 90–180 days to resign), you want clarity that:

• Your leave doesn’t count as “notice” unless you say it does.
• They can’t back-door you into paying tail because leave was “unapproved absence.”

Sample:

“Approved maternity or parental leave shall not be considered Physician’s notice of resignation or termination under this Agreement. Standard notice requirements shall apply only to written resignations not related to temporary leave.”

If there’s a without cause termination clause (there should be), push for:

“Employer shall not exercise termination without cause during Physician’s approved maternity or parental leave, nor within ninety (90) days following Physician’s return from such leave, except for gross misconduct or loss of licensure.”

Will every employer agree to that? No.
Should you ask? Absolutely. It forces them to show you their values on paper.

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6. Specific Situations: How to Handle Them

6.1 You’re Already Pregnant When Negotiating

Common and tricky. Here’s what I tell people:

You do not have to disclose the pregnancy. But you should still nail down leave language.

Approach it like this:

• “I always ask about parental leave because I plan to be here long term.”
• “Can you send me your standard maternity/parental leave policy in writing?”
• “I’d like to make sure the contract reflects your existing policy so we’re aligned.”

If HR already knows (because you slipped, or someone mentioned it), then you can be more direct:

• “Given my due date is likely during the first year, I want to be very clear on how many weeks are paid, how productivity is handled, and how partnership track is affected.”

Do not let anyone keep this “informal.”
The line “Don’t worry, we’ll take care of you” is a red flag, not reassurance.

6.2 You’re Not Actively Trying, But “Soon”

Then you negotiate like any other benefit. You say:

• “What’s your standard parental leave?”
• “Do you have a written policy?”
• “Can we reference that in the contract?”

You’re not asking for special treatment. You’re asking them to put their own stated policy in writing.

If they have nothing formal, you propose something modest but concrete:

• 6–8 weeks paid at full salary for birthing parent
• 2–4 weeks paid for non-birthing parent
• Protected job for 12 weeks

Then see where they land.

6.3 You’re Male / Non-Birthing Parent and They Act Like You Don’t Need Leave

I’ve watched this play out: dual-physician couple, both in the same system, wife gets 10 weeks maternity, husband gets “you can use PTO for a week.”

You push anyway. Script:

• “I’d like to clarify parental leave for non-birthing parents. What’s the standard number of paid weeks?”
• “I’d like the contract to state that I’m eligible for at least X weeks paid parental leave at full salary, with productivity expectations prorated for that time.”

And yes, even if you’re in a male-heavy specialty (ortho, IR, etc.). This isn’t just about you. It normalizes that dads and non-birthing parents actually care for their children.

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7. Red Flags and When to Walk

Some signs a place will be terrible when you have a child:

• They cannot produce a written leave policy. “We handle it case by case.” Translation: you’re at the mercy of whoever’s in leadership that year.
• They insist all time off, including childbirth, comes out of a single PTO bucket—and it’s tiny (2–3 weeks).
• They get defensive or weird when you ask how leave affects bonus or partnership.
• They tell you, “None of our other doctors have asked for that.” Run.

You do not always have leverage to fix all of it. But you do have leverage to learn who they are.

Sometimes the most useful thing a contract negotiation does is show you that you should decline the offer.

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8. How to Actually Bring This Up (Scripts)

You want to sound matter-of-fact. Leave out apologies.

Email to Recruiter / HR

“I’m reviewing the draft agreement and I do not see any language on maternity/parental leave.

Could you please send me the current written policy and confirm how many weeks of paid leave are provided for birthing and non-birthing parents? I’d also like to be sure the contract references that policy so we’re aligned.”

With the Chair / Medical Director

“To make sure we’re aligned long term, I always ask about parental leave and how it interacts with productivity and partnership. Can you walk me through what’s standard here, and whether we can make that explicit in the contract?”

If they say, “We just follow FMLA”:

“Understood. For clarity, I’d still like the agreement to state that I’m eligible for up to 12 weeks of protected leave under FMLA, with [X] weeks paid at [Y]% of salary, and that my productivity expectations and partnership track will be prorated for that period.”

You don’t need to justify. Mild repetition is your friend here.

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9. Don’t Forget These Smaller but Crucial Details

There are a few quiet things that matter a lot:

1. Benefits continuation
   Make sure benefits (health, life, disability) continue during leave, and clarify whether you owe employee premiums while out.

   Sample language:

   “Employer shall continue Physician’s health, disability, and other insurance benefits during approved maternity or parental leave on the same terms as active employment, subject to Physician’s payment of any normal employee contributions.”

2. Call and nights/weekends
   Spell out that you’re not expected to take call while on leave, and you’re not expected to “make it up later.”

   “Physician shall not be scheduled for call, weekend, or holiday coverage during approved maternity or parental leave, and shall not be required to ‘make up’ such shifts upon return.”

3. Return-to-work schedule
   If you can, add:

   “Upon return from maternity or parental leave, Employer and Physician shall in good faith discuss a phased return to full duties over a period of up to four (4) weeks, without reduction in Base Salary, to facilitate transition.”

Not every employer will agree. But if you don’t ask, you definitely won’t get it.

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Timeline of Planning Family Leave With a New Job

Period	Event
Before Signing - Review draft contract	ask for leave policy
Before Signing - Negotiate leave language	paid weeks, RVUs, partnership
First Year - Confirm HR documentation	enroll in benefits, STD
First Year - Inform leadership when ready	discuss timing and coverage
Leave and Return - Start leave	benefits and pay per contract
Leave and Return - Return to work	phased schedule, adjusted RVUs

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FAQ (Exactly 3 Questions)

1. Should I tell a potential employer that I’m planning to get pregnant soon?
No. You are under no obligation to disclose family planning, and it can only hurt you in subtle ways. Instead, negotiate strong, clear parental leave language “because you plan to be there long term” and want clarity. The policy should work whether you have a baby next year or never.

2. What if the employer says, “We don’t put maternity leave in contracts, it’s just our policy”?
You push back, politely but firmly. Ask to see the written policy and then ask for the contract to reference it explicitly: “Physician shall be eligible for maternity and parental leave in accordance with Employer’s policy dated [X], which shall not be materially reduced during the Term of this Agreement.” If they refuse even that, you’ve learned something about how they’ll treat you when you’re vulnerable.

3. Is it worth giving up some salary to get better leave?
Yes, often. Losing $5–10k in base but securing 8–12 weeks paid leave, protected bonuses, and preserved partnership track is usually a winning trade, especially if you plan more than one child. Unprotected leave can easily cost you tens of thousands in lost bonus and years of delayed partnership. Short version: structural protections beat a slightly higher number on paper almost every time.

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Key points to walk away with:

1. Leave language is not a “nice to have” if you might start a family—it’s core job security.
2. Get paid weeks, RVU/bonus proration, and partnership protection in writing, not as verbal promises.
3. Assume nothing. Ask directly, get the policy, and make the contract match the life you’re actually planning to live.