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Maternty and Paternity Leave


Guest SAD315
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Guest SAD315

We currently provide eight weeks paid Maternity Leave (for child care purposes -- disability and heath verification is not required) to female staff members. Don't we also have to provide the same benefit to males (paternity leave)? The paid "maternity leave" runs concurrent with FMLA. Males who utilze FMLA to care for a new child are not paid for the first eight weeks as are females. Thank you.

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  • 10 months later...
Guest Michelle L

Our company has 11 salaried employees, and has 150+ hourly employees. The hourly employees are field staff. They have no permanent schedule (we are a private duty nursing service). One week, one may work 10 hours, and the next week may work 52 hours. Our salaried employees are our office administration. If we offer paid maternity leave to our office staff, do we have to offer paid maternity leave to our field staff? Please help me with my dilema. Thanks.

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Michelle

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Guest inslady

This is a shot in the dark answer only and I have nothing to justify my answer. But...

My understanding is you can discriminate between classes of employees but not within a class of employee. So, if you set up classes of employees (salaried vs hourly), you should be able to offer the benefits to one group and not the other. The issue is then within a class of employees, do you have to offer the same benefit to both men and women -- which I believe you would have to.

Good luck!

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