3rd Trimester

Question about maternity/paternity leave

Is it true that if a company offers a woman  paid maternity leave that they are also required to offer the men paid time off as well?  DH says he has been told this several times by friends/family but his job keeps giving him the run around when he asks for more information, and getting a hold of someone in HR is nearly impossible.  His best friend/co-worker has a wife due 2 days after me so I think they are partially concerned that if we have our kids at the same time, and they pay for the guys to take off that they will be gone longer and therefore shorthanded longer.

 I'm wondering because he was filling out a request sheet yesterday to take this coming Monday off and there were different sections for what your time off is for (vacation, sick, etc) and one of them was maternity/paternity leave..so why would they have that on the sheet if they didn't offer it?  I don't know if there is some rule that if you offer one, you have to offer the other but I'd like to find out because DH doesn't seem to be being persistent enough..and he is insisting that if he has to use vacation days that he won't be taking a full week off, my response to that is he has lost his mind because this time we have a toddler : )

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Re: Question about maternity/paternity leave

  • I'm not sure about it being required, but I know my company offers paid time off for both parents, although the father only gets 1 week paid. His HR would be best suited to answer that question, and they can't discriminate on the fact that this other guy's wife is due around the same time. That would be illegal. I don't think my DH's work offers paternity leave at all, but in CA fathers can take 6 weeks paid at a portion of their salary.
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  • It's not a law or anything to pay the father to take time off for the birth of a child. FMLA only states that a father can take up to 12 weeks off, but it is unpaid. He would still retain his benefits, however. https://www.employer-employee.com/fmla.html


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  • I think it will totally vary by company. My husband CANNNN take paternity leave but it is highly frowned upon by management and it can basically blacklist him from things in the future...so he is taking regular vacation time for after the baby gets here.
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  • Google FMLA for your state.  Some companies, depending on the size, offer paternity leave but it doesn't necessarily mean that it will be paid time off.  My DH's job told him that he can take up to 6 weeks off, but the entire 6 weeks is not paid though.  However, my DH's supervisor is being very gracious and told him she would give him 2 weeks paid. 

    I work for the federal government and I have to use a combination of vacation days & sick days.  I can take up to a year off but it won't be paid.  So it just depends on the company.
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  • Just beacuse it says "paternity leave" doesn't mean that it's paid for.

    FMLA is open to everyone, but there are rules surrounding that (like company size and how long you've been employed)

  • My husband gets one week paid time off for paternity leave.  He can use personal or vacation days for any additional time he wants to take off.  My maternity leave is short term disability...I can take up to 13 weeks off at 70% of my pay.
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  • Thanks ladies.  I'll just have to try to get a hold of this woman who never seems to be in the office at HR..they are corporate owned out of state so maybe thats why no one here is giving him any answers.  DH just keeps saying he thinks if they offer PTO for moms they have to offer it for dads, and I had never heard that before.  Anyway, he doesn't want to "bother" anyone to get the facts but he also doesn't want to use all of his vacation days..men, haha. 
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  • My employer offers one week paid for paternity leave (or same-sex partner, if you're not the one giving birth), six weeks off for the mother for a vaginal delivery and eight weeks for a C-section. FMLA is allowed up to 12 weeks in any form after that (unpaid, vacation, or sick time).

    DH's employer just has FMLA and he's taking vacation days - probably just a few days. It will also be his busiest time of the year so he's playing it by ear and his bosses are being really supportive.

     

  • My husband's work offers two weeks of paid paternity leave but that's the first I've heard of anyone in this area getting paid paternity. The company he works for is Dutch so they tend to have quite a few Dutch policies which is nice. The women at his work get 10 weeks paid. 

    I know of people who get paternity leave but it isn't paid.  

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  • there is a difference at most companies for paternity leave and parental. some issues are only for the woman due to the time frame to recover and breastfeeding. most companies will have SOMETHING for the dads, but it differs per company, state... You will have to check with the HR department or look in the company manual first
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  • Short answer:  No, companies are not required to give the same amount of PTO for paternity leave that they do for maternity leave.

    Someone mentioned to google FMLA in your state.  FMLA is FEDERAL LAW not state law and is completely different than PTO for maternity/paternity leave.  The regulations/requirements for FMLA are the same in every state.

    https://www.dol.gov/whd/fmla/

    California was the first state in 2002 to enact a family paid leave law.  Since then few states have followed their lead but most states do not have a family paid leave law and it is up to the individual company whether or not they offer PTO for maternity or paternity leave and how much they offer.  Here is a state to state overview on maternity/paternity leave.

    https://www.nationalpartnership.org/site/DocServer/ParentalLeaveReportMay05.pdf?docID=1052

    FYI it is generally not a good idea to ask questions regarding FMLA/maternity/paternity leave on these boards because all you're going to get is a bunch of varying opinions with no actual facts.  You should really discuss this with the HR at your company/DH's company and look into the laws (if any) in your own state to find out what you and DH are able to get.

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