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Before proceeding with your e-mail, please note:

If you are not a current client of the Law Office of Kristine A. Sova, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. The Law Office of Kristine A. Sova has no duty to keep confidential any of the information you provide.

In addition, please be advised that the transmission of information via this website or by e-mail does not establish an attorney-client relationship. An attorney-client relationship with the Law Office of Kristine A. Sova is not established until and unless the Law Office of Kristine A. Sova agrees to such a relationship in a separate written document.

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  • Labor and Employment Law
  • 1345 Avenue of the Americas, 2nd Floor, New York, NY 10105

How to Craft a Non-Discriminatory Paternity Leave Policy

Historically, many employers provided paid maternity leave to mothers, while providing little to no leave to fathers. While employers may provide leave that is tied to childbirth to birth mothers only, nowadays, employers must provide post-childbirth leave for bonding and childcare purposes to both male and females on an equal basis. Failure to do so would constitute discrimination. Here are some additional considerations to keep in mind when drafting a parental or paternity leave policy:

  • Where an employer provides employees with post-childbirth leave for bonding and childcare purposes, that sane leave benefit must also be extended to parents who adopt or foster a child.
  • Disability-related / childbirth benefits may be provided to birth mothers only.  However, all other non-disability benefits (such as leave to care or bond with a new child) should be provided to mothers and fathers on an equal basis, regardless of whether the parent is a biological, an adoptive or a foster parent.
  • Some employers provide a greater amount of leave for “primary caretakers” and a lesser amount of leave for “secondary caretakers.”  This is acceptable, so long as the employer does not make a presumption that one category of parent (i.e., mothers) is presumed to be the primary caregiver.

 

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Posted on | Benefits, Discrimination, Equal Employment Opportunity (EEO), Policies, Pregnancy