How to Know When Your Employer’s Parental Leave Policies Are Unfair

Becoming a parent is an unforgettable experience. You should treasure spending the early days with your child without worrying about when and how you will return to work and whether your employer will let you keep your job.

Ideally, your employer has fair and legal policies covering every base so you can fully enjoy your parental leave. Understanding what constitutes unfair parental leave policies makes a difference if you encounter paternity or maternity leave discrimination.

Your Rights — An Overview of Parental Leave Laws and Policies

While federal law does not require private-sector employers to provide paid parental leave, it protects people’s jobs if they need to take time off for specific reasons. The Family and Medical Leave Act is a nationwide law that ensures workers 12 weeks of unpaid leave for medical or family reasons without risking their employment status. If your company offers paid parental time off, they must do so lawfully. Any of these factors would make an employer’s parental leave policies illegal.

• The difference between maternal and paternal leave should not exceed the time it takes for a birth mother to recover, which is typically six to eight weeks.
• Offering more parental leave to birth parents than to adoptive parents
• Providing leave for caretaking reasons, not including recovery from birth, that are not on equal and gender-neutral terms

Evaluating Your Employer’s Parental Leave Policy

Starting a new job or preparing for birth or adoption are excellent times to review your employer’s parental leave policy.

The FMLA has provisions for employers that offer paid parental leave. You can use these as guidelines for determining if your company’s parental leave policies are fair.

• If you qualify for the FMLA, you can take up to 12 weeks of unpaid leave.
• If you work at one of the Best Workplaces for Parents, you can receive an average of 16 weeks of maternity leave.
• Under the FMLA, your employer ensures all your benefits continue.
• Your employer cannot lay you off or terminate your contract while you are on leave without a legitimate business reason.
• You can return to the same job when your leave ends.
• You can coordinate your sick, paid or vacation leave with your FMLA leave.

Most of the above points only apply if the FMLA covers your employer and you are eligible for FMLA benefits. To qualify for the FMLA, you should meet these requirements.

• You must work for a private organization that employs at least 50 workers within 75 miles of your work location.
• You must not be in a “highly compensated position” that would exempt you from FMLA coverage, or you must work for a government agency or public or private elementary and secondary school.
• You must have worked at least 1,250 hours for your employer in the last 12 months. Your 12 months of employment do not need to be consecutive.

You should also familiarize yourself with Pennsylvania’s paid parental leave policy to determine whether you qualify.

What to Do if Your Employer’s Parental Leave Policies Are Unfair

While the FMLA is in place to protect you, you may feel your employer has disregarded the law somehow. Thankfully, you can take steps if you think your company is discriminating against you. You may have a legal case if your employer does any of the following:

• Denies FMLA leave even if you have an acceptable reason for taking it.
• Disciplines you for taking suitable time off.
• Discontinues your benefits while you are on parental leave.
• Wrongfully terminates you while you are on parental leave. Your employer cannot prohibit you from returning to work for a predetermined length of time after the birth.

Remember, your employer should not discriminate against you or your partner during pregnancy. If you face unfair treatment, including parental discrimination, consult an employment law attorney to determine if you have a claim under federal or state laws. Your attorney will advise you if you have a case and guide you through filing a claim. Your claim could make you eligible for compensation from your employer and may help you get reinstated if your company wrongfully terminated you.

Frequently Asked Questions About Parental Leave

If you plan to welcome a child into your family, you may have questions about taking parental leave.

What Defines a “Parent?”

A parent is anyone who cares for or financially supports a newborn baby, recent adoptee or foster care child. You may be eligible for parental leave if you are one of the primary people in this role.

Can Both Parents Take Parental Leave?

Yes. However, remember that only one parent qualifies as the primary caregiver. Depending on state law or company policies, the primary and secondary caregivers may not be eligible for the same duration of parental leave.

Is it Illegal to Deny Paternity Leave?

It is illegal to deny paternal leave to a person who is eligible for leave under the FMLA’s guidelines. It is also against the law to deny a timely request for family leave in several states. If your company offers paid leave, it is unlawful for them to approve maternity leave and deny paternal leave.

How Long Is an Average Maternity Leave Break?

The average maternity leave period differs according to several factors, including whether you qualify for family and medical leave, if your employer offers paid leave and what state you live in. Some companies only provide a few weeks of paid maternity leave, while others offer the full 12 weeks allowed by the FMLA.

Choose Weisberg Cummings for Parental Discrimination Lawsuits

If you think you have grounds for a claim for FMLA violations or discrimination from your employer due to your pregnancy or paternal leave, consult with the team at Weisberg Cummings. Our knowledgeable and helpful attorneys will review your case and provide the information and support you need.

Weisberg Cummings’ experienced lawyers can assist you with employment law in Pennsylvania and help you decide the way forward when you face workplace discrimination. Contact us online or call 855-716-2367 to request a free consultation.