What Employers Should Know about Paternity Leaves
by cjleclaire
 Stephen Hans Blog
Aug 21, 2014 | 10022 views | 0 0 comments | 340 340 recommendations | email to a friend | print | permalink

Queens NY Employment Defense Attorney

The Family Medical Leaves Act (FMLA) grants the right to mothers and fathers to take up to 12 weeks off for maternity or paternity leaves so they can spend time with a newborn. As an employer, understanding your obligations under this law can help you avoid discrimination disputes.

Recently, the New York Post reported that a gay man sued his employer, ASMALLWORLD, for retaliating against him for taking a paternity leave. ASMALLWORLD is a private website, by invitation only, for socially prominent business owners and individuals. When Tonny Uy’s daughter was born in 2012, he requested a paternity leave. The employee handbook allowed 40 days of paid leave for a newborn baby. Prior to asking for the leave, the company considered him a model employee.

Initially, the company was unwilling to grant the leave until he referenced the company rule. Tonny stated that the supervisor’s attitude toward him changed after the leave. She became critical of his job performance. Months later he was told that because of budget cuts, his job was being reduced to part time, and the company terminated him. However, three months prior to his termination, the company issued a new handbook that did not provide for paid family medical leaves. Shortly after he left the company, he discovered that the company made his replacement a full-time employee.

Tonny sued based on gender discrimination. He claimed that female employees had no problem being granted maternity leaves, but his treatment arose out of the fact he was male and seeking a paternity leave to spend time with his newborn child.

The company now faces a lawsuit for what the Post reported as unspecified damages.

Employers are wise to consult with an experienced employment law defense attorney and find out whether their policies or actions could be in violation of employment or labor laws. Stephen Hans & Associates has assisted business owners with employment law issues for decades, dating back to the founding of our firm in 1979.

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