PTRA TEMPLATE FOR MATERNITY LEAVE IN CONTRACTS

Together for a fair and responsible sport

Maternity Leave

SPONSOR supports Athlete’s right to maternity (i.e., pregnancy and postpartum period) such that SPONSOR shall not take any adverse action against Athlete during maternity. (For purposes of this Maternity Leave section, an “adverse action” means any reduction in pay, reduction in bonuses,
suspension/termination of this Agreement, or any other reduction of compensation, benefit, or status described in this Agreement.) Likewise, Athlete is committed to returning to competition
when Athlete determines it is neither physically nor mentally detrimental to do so.

[1,2,3] Specifically, during this Agreement’s Term, Athlete shall have the right to exercise up to 18 months of maternity leave and up to six months of compassionate leave from the date an Athlete suffers a miscarriage.

Should Athlete determine that more time is necessary for Athlete’s physical health and/or mentalhealth, SPONSOR and Athlete shall discuss, in good faith and while respecting Athlete’s medical
privacy, an appropriate extension based upon the circumstances. In no circumstance shall Athlete’s maternity leave or compassionate leave extend beyond this Agreement’s Term.[4]
In respecting Athlete’s medical privacy and understanding Athlete’s desire to compete and represent SPONSOR in accord with this Agreement, SPONSOR shall not require Athlete to provide proof of
pregnancy or miscarriage (5)

Acknowledging the mutual interest in keeping Athlete’s image active and captivating to the public
during maternity, SPONSOR and Athlete shall collaborate to mutually agree, only with prior written consent by SPONSOR and Athlete, to continue any existing commitments stated in this Agreement
(e.g., public appearances, podcast appearances, social media activity) and/or to create promotional activities that honor Athlete’s maternity.


New-Child Leave

Notwithstanding any rights provided to Athlete herein this Agreement regarding maternity or paternity leave, SPONSOR supports Athlete’s right to welcome a new child into Athlete’s immediate family during this Agreement’s Term by means of adoption, surrogacy, foster care, or otherwise. In such an event during this Agreement’s Term, Athlete shall have the right to exercise up to 16 weeks
of new-child leave from the date such new child formally joins Athlete’s immediate family.

SPONSOR shall not take any adverse action against Athlete during any such new-child leave. (For purposes of
this New-Child Leave section, an “adverse action” means any reduction in pay, reduction in bonuses, suspension/termination of this Agreement, or any other reduction of compensation, benefit, or status described in this Agreement.) SPONSOR may require Athlete to provide proof of the new child
formally becoming a member of Athlete’s immediate family pursuant to applicable laws. In no circumstance shall Athlete’s new-child leave extend beyond this Agreement’s Term.

Acknowledging the mutual interest in keeping Athlete’s image active and captivating to the public when welcoming a new child into Athlete’s immediate family, SPONSOR and Athlete shall collaborate
to mutually agree, only with prior written consent by SPONSOR and Athlete, to continue any existing commitments stated in this Agreement (e.g., public appearances, podcast appearances, social
media activity) and/or to create promotional activities that honor Athlete’s new addition to their family.


Further discussion for athletes:

(1) If Sponsor pushes back on Athlete making this determination, perhaps respond by adding in “…when Athlete determines, in good faith, that it is physically…”
(2) Athlete discretion on how to use 18 months of maternity leave. For example- eight months for pregnancy and ten months for the postpartum period.
An athlete should be advised, however, that 18 months is the highest end of contracts we’ve seen, so some negotiating may need to take place. For instance, if a sponsor has what it considers to be an
athlete-friendly policy, but is less than 18 months, it may not want to deviate from their other existing contracts to avoid treating others unequally. We hope with time, this becomes the norm.
(3) The purpose of using the term “right to exercise” is to give the athlete control of choosing when to inform the sponsor.
(4) Athlete may want to switch sponsors when a contract expires.
(5) You can request that proof is not required, but if sponsor does push back, it should be analyzed at that time regarding what kind of proof the sponsor wants that is not in violation of the athlete’s
privacy rights.