Law Suit: Dad Fired for Asserting His Right to Paternity Leave?

A dad alleges that his employer retaliated against him by marginalizing and then firing him after he fought for his right to take the paid parental leave the company had in its policy manual. If true, this case speaks to the real struggle for working fathers- the fear of reprisal for visibly prioritizing family.

Screencap of the April 23, 2014 article about a man suing his employer for firing him after he asserted his right to paternity leave
Screencap of the April 23, 2014 article about a man suing his employer for firing him after he asserted his right to paternity leave

I have the best readers. The other day, an FWF reader sent me an email with a link to this story from the NY Post. Here’s a quick summary:

– Tonny Uy, a former senior accountant at asmallworld.net (a social networking site for millionaires), sought paternity leave when his and his husband’s daughter was born

– He was initially rebuffed, but he then pointed out the policy in the employee handbook

– The company then agreed to the 40 days (8 weeks) paid leave (which is quite generous compared to most policies)

– After taking leave, Uy contends he was treated differently by his supervisor, and a few months later, he was told his job was being eliminated. He was replaced with a part-time employee

– He alleges asmallworld changed their employee handbook, removing the paid leave benefit for all employees a few months after he returned from his leave (kinda like Cartman?)

A few caveats are in order- the only information I have about the suit is this article, and we are only getting Uy’s side of the story. However, if the alleged facts are indeed true, this situation is disturbing to me on two levels.

First, if the company has a policy on the books, employees shouldn’t have to fight for the right to avail themselves of that policy. From this article, It is not clear if asmallworld had only a maternity leave policy or a more general parental leave policy that covered both moms and dads. Further, if a policy is on the books, it should also extend to adoptive parents (I am assuming this is the case for Uy and his husband).

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