My company offers a "Parenting Leave" benefit -- 5 paid days off in the event of the birth or adoption of a child. It is offered to both men and women, and is required to be taken within 30 days of the event. There is no special maternity leave pollicy at our company -- it falls under medical leave, FMLA and/or MMA.

My issue -- a woman who gives birth will be out on medical leave (separate policy at our company, and fairly generous) for (usually) 6-8 weeks (depending on details and complications of birth). That medical leave is paid (again, under a separate "salary continuation" policy the company has in place -- it is a general medical policy, not maternity specific) as long as you have medical documentation. So using your Parenting Leave benefit during your medical leave does not get you anything... does not get you more pay or more days off... and you cannot delay your medical leave since it is based on your physical condition.

I claim it is impossible for me to use my "Parenting Leave" benefit since I will be on medical leave starting from the day of birth of my child for more than 30 days. They informally say you're getting paid leave anyway, so be happy.

Two questions:

(1) Is this discrimination of some sort? It seems to me that no woman giving birth would benefit from this benefit!

(2) If they have made an exception and let someone else take the Parenting Leave at 60days after the birth do they have to let me do the same? That is to say, if they deny my request to take the Parenting Leave benefit later (either as part of my unpaid FMLA leave which would be at least 42 days after the birth, or after I return from FMLA leave which would be 84 days after the birth) when they let someone else (a man) take it after the 30 day window is that discrimination? (The person in question took it about 60 days later to accomodate his personal constraints.)

Or since this is a "benefit" do they have the right to do what they want?

Any help appreciated.
-Tia

PS. I just discovered the Maternity Leave - Pregnancy Laws forum. I will cross-post over there -- hope that is okay.

1. Since you are gettting a far more generous benefit, no. Your employer may make the leave only available to those not receiving pay by some other method. It is not discriminatory to women as those who adopt get this benefit.

2. Unless you are being denied only because of your race, sex, religion or other protected characteristic, it is not illegal. Companies are permitted to grant exceptions. Just because they do it for one, does not mean it is now the entitlement for all.

Honestly your employer is doing way more than is required by law. It is only going to make you appear greedy and give the appearance of an entitlement menatality to be raising a fuss that you want even more. You are already getting way more than those receiving the other benefit.

No need to post in multiple forums.

Thank you for the very quick response.

I would humbly note that I am NOT getting more than others... anyone with a MEDICAL NEED is entitled to the medical leave benefit. In my mind it has NOTHING to do with the benefit I am asking about, which is specific to parenting. (And yes, very glad it is for both birth and adoption.)

However, my question was in fact on the legalities, and as I suspected, I can agree that it is not discrimination. I only posted after several men (that I work with) noted that they thought it was...

As for greedy and entitled... absolutely! I get the short stick more often than not based on my gender (nothing that I can prove)... so if there's a chance that they are actually doing something illegal then I want to know.

In this case offering a benefit I cannot use seems unfair. But of course unfair and discrimination are different things.

Cheers,
-Tia

In this case offering a benefit I cannot use seems unfair. Of COURSE it's fair - it is offered to everyone; the fact that some individuals don't or can't use it doesn't make it illegal or discriminatory - or even unfair. If your employer offered a tuition assistance benefit, would you think it unfair that someone who elected to return to school received the benefit while others who elected not to did not?

Your employer offers some very generous benefits so I'd suggest you quit looking for the cloud in the silver lining. :)

And no, cross-posting is not okay. It serves only to confuse the responders. Please, in future, pick one forum and stick with it. Thanks.

And no, cross-posting is not okay. It serves only to confuse the responders. Please, in future, pick one forum and stick with it. Thanks.

Sorry about the cross-post.... I was not sure if the same folks read both forums... on many other groups/bboards it's more potluck for responses.

I am quite impressed with the organization of these boards.

Cheers,
-Tia