EEOC Issues Guidelines on Parity for Maternity and Paternity Leave

The EEOC issued its new guidance on parental leave today. In it, they lay the basis for parity between company-offered maternity and paternity leave. In short, companies that offer mothers “time for care and bonding” beyond time for physical recovery/disability must also offer that “time for care” to fathers. This decision brings needed clarity to the emerging set of case law on paternity leave (see here, here and here) and is yet another indicator of the recognition of the importance of fatherhood and paternity leave.

Parity for fathers in parental leave is one step closer thanks to new EEOC guidelines!
Parity for fathers in parental leave is one step closer thanks to new EEOC guidelines!

This guidance is part of a larger and much more comprehensive document concerning pregnancy discrimination, disability and related employment concerns. You can read the entire document here. I’ve copied the relevant information below. After that is my analysis.

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Expert Perspectives: Legal Insights into Josh Levs’ Paternity Leave Discrimination Case

One of the things I love most about this blog is the opportunity it has given me to have conversations with so many smart, knowledgeable people. I have learned more from this blog than anyone, thanks to your comments and willingness to engage and network with me. After I posted my piece last week about Josh Levs and his important paternity leave discrimination suit, I received the following message through Linkedin from blog reader Cynthia Calvert, Esq., who is an expert in work-family employment law.

Work-life law expert Cynthia Calvert
Work-life law expert Cynthia Thomas Calvert

Cynthia was quoted in the NYTimes article about Levs and she believes his case to be stronger than I believed it to be in my analysis last week. After our discussion, I think she’s right. In this case, I’d be very happy to be wrong.

I found our exchange fascinating- it really helped clarify the situation for me, especially in terms of gender discrimination and the difference between parental leave for care versus physical recovery. Cynthia was nice enough to allow me to reprint our back-and-forth here. I think you’ll enjoy it.

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Work-Family Legal Update (Viva Rhode Island!)

Rhode Island becomes the third state to require paid parental leave, and a bill that would support and protect employees who request flexibility and workplace family accommodations has been introduced to Congress. Here’s my analysis of these legal issues.

Viva Rhode Island for becoming the 3rd state with required paid parental leave
Viva Rhode Island for becoming the 3rd state with required paid parental leave

(Quick disclaimer: I am not a lawyer*)

It is no secret that the US is way behind all other industrialized countries in terms of work-family policy. As I reported last week:

As you can see in this chart, we’re one of 4 of 178 countries (and the only Western or industrialized nation) to not have a law mandating paid parental leave. US law only requires that a new parent can take up to 12 weeks of unpaid leave, and have their job held for them, through the Family and Medical Leave Act). Only three US states have mandated paid parental leave. Over 50 countries require paid paternity leave; the US, not so much.

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