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Paid Maturnity Leave vs Unpaid Medical Leave?

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  • Paid Maturnity Leave vs Unpaid Medical Leave?

    Employer pays for time off FMLA due childbirth/adoption. Employer does NOT pay for time off FMLA due to other medical conditions (broken arm, cancer, surgery, etc). Is this legal? I appreciate your time answering my inquire.

  • #2
    What state?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      I can state that the opposite is definitely illegal -- that is if they pay for timeoff for other medical conditions they MUST include maternity leave (for the part that is medically disabled) because of the Pregnancy Discrimination Act.

      Further brainstorming:

      ADA does not require time-off (although it can possibly be a reasonable accommodation) and does not require an employee to be paid for any time-off and neither does FMLA. Both are just job protection benefits.

      Is FMLA paid for both the father and/or the mother? Or just the mom? If just the mom, I would classify that as gender discrimination. If paid for both genders, then in the end, I don't see where it is illegal. (might get into disparate impact because most having babies/adopting are normally of a younger age so you could possibly run into age discrimination)

      I can't say I've run across a company that makes this distinction. Most either pay for medically needed time-off through PTO/STD/LTD or they don't. You can get into the "fairness" types of issues that I am sure you are thinking of when you start classifying needs. But in the end I don't know of anything that makes it directly illegal.


      • #4
        New York

        The state is New York.


        • #5
          I might mention New York has a state DI plan for employees who are disabled due to an illness/injury while off the clock & for pregnancy.

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          • #6
            As long as it is offered to both mothers and fathers, it is legal to pay for maternity/paternity leave and not leave for other reasons. It is just another form of leave the employer offers like vacation, or sick leave.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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