My wife works for a private employer under 50 employees, so is not covered under FMLA. She is due to deliver in a few months. In anticipation, she talked to her boss about her leave, and was told she cannot use her paid sick leave for maternity.

Their contracts allow them so many days paid sick leave per year, and allow them to accumulate 25 days total.

In a portion of their handbook, it states that paid sick leave is for personal illness/injury, and may not be used for Maternity Leave.

We are willing to accept unpaid leave for anything beyond what sick leave does not cover, but this seems like discrimination under Title VII of the Civil Rights Act (Pregnancy Discrimination Act). Other employees have been allowed to use this sick leave for extended absences related to illness (cancer, treatments, etc.) and my understanding under Title VII is that if you allow other employees to use benefits for medical leave, then pregnancy cannot be restricted from the same use.

Am I correct in my thinking?

How many employees does the employer have?

It's probably around 35.

In that case yes, I would agree with your assessment.

If we address the issue following their structure defined in the handbook for such issues and they insist it is valid, is the proper route an EEOC complaint?

I sincerely hope they just realize how silly it is to say you can't use your sick leave for maternity and just correct the policy, but if not I want to know the proper way to proceed.

Yes, the EEOC would be the way to go.

Thank you for your advice CBG.