Handling Associate Maternity Leave
Maternity leave can significantly impact office production goals, but it is rarely a one-size-fits-all situation. The specifics depend on employment status, local laws, and the individual terms of the associate’s contract.
While this provides a practical breakdown of typical U.S. dental practice standards and federal requirements, it is critical to verify your state’s specific regulations, as these can vary widely.
1. If the Associate Is an Employee (W-2)
This is the most important distinction. Employee associates fall under federal and, in some cases, state leave laws.
Federal Baseline (FMLA)
- Up to 12 weeks of unpaid, job-protected leave
- Applies only if:
- The practice has 50+ employees within a 75-mile radius
- The associate has worked at least 12 months and 1,250 hours
Most dental practices are too small for FMLA to apply, so many associates do not qualify. Because of this, it is important to have a policy in place that is fair, consistent, and transparent—and to follow it.
State Maternity Leave Laws
Some states offer paid family leave or additional job protection, even for smaller employers. Others do not. In states without additional protections, the default is whatever is outlined in the associate’s contract.
Industry Norm for Employee Associates
Most commonly:
- 6–12 weeks of leave
- Usually unpaid, unless the practice offers:
- Short-term disability insurance
- Paid leave benefits (less common in dentistry)
2. If the Associate Is an Independent Contractor (1099)
This is very common in dentistry and must be addressed clearly.
Independent contractors are not entitled to FMLA and do not receive employer-provided maternity leave. Most rely on personal savings, short-term disability, and negotiated time off with the practice.
In a typical real-world scenario:
- 4–8 weeks off
- Unpaid
- Sometimes longer, depending on what the practice can accommodate
3. What Dental Practices Typically Do
Across the industry:
| Type of Associate | Typical Maternity Leave | Paid? |
| W-2 employee | 6–12 weeks | Usually unpaid |
| 1099 contractor | 4–8 weeks | Unpaid |
| Corporate groups | 8–12 weeks | Sometimes partially paid |
| With disability insurance | 6–8 weeks | Paid through insurance |
4. What’s Fair vs. What’s Required
Dentistry is physically demanding, and many associates need:
- 6 weeks after a vaginal birth
- 8 weeks after a C-section
These timelines often align with short-term disability coverage.
A fair, modern standard in dentistry is:
- 8–12 weeks total leave (even if unpaid)
- Flexibility for a gradual return (2–3 days per week initially)
Some associates may choose to return sooner due to financial considerations, while others may prefer to take the maximum time available. The key for employers is consistency.
Managing Practice Impact
At the same time, maternity leave can reduce production, requiring the practice to cover overhead expenses with less revenue, including staff salaries. Because of this, all factors must be considered, and clear expectations should be established in advance.
This includes planning for scheduling, patient flow, and the associate’s transition back into the practice. In most cases, it is best to define these guidelines within the associate contract, remain transparent, and honor those terms while doing what is best for the overall health of the practice.
About the Author
Melanie Keesee, MAADOM
Melanie Keesee joined AADOM in 2021. She is currently a member of the Tri-State DPLN. Melanie’s background is primarily in Business Management, Human Resources, and Finance and Accounting. She received her BSBA in Management from Sullivan University.
Melanie and her husband, Michael, live on their farm in Custer, KY, along with their 2 adorable dogs, Chopper and Copper. When she isn’t working, she visits the beach as much as possible.
