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## Expecting First Child and Company Parental Leave Policy

My wife and I are thrilled to be expecting our first child. However, as I reviewed my company’s parental leave policy, I came across some concerning conditions that I would like to address.

### Current Parental Leave Policy

According to the company policy, full-time employees who give birth are eligible for up to 10 weeks of paid leave within a 12-month period. On the other hand, secondary caregivers, such as myself, are only granted 2 weeks of leave at the birth of a child. While I appreciate the paid leave offered, I take issue with being labeled as a “secondary” caregiver simply because I am not giving birth myself.

### Discussions and Disputes

I have noticed that others have raised similar concerns regarding the discrimination against fathers based on this policy. Some have even taken this issue to their HR departments. However, the company’s use of “gives birth/secondary” labels rather than the traditional “primary/secondary” labels raises a question of whether this wording alleviates any potential claims of discrimination.

### AI Legalese Decoder Assistance

With the help of an AI Legalese Decoder, I can better understand the legal implications of this policy. By analyzing the language used and comparing it to current discrimination laws, the decoder can provide insights into whether this situation qualifies as discrimination. This tool can help me determine if my concerns are valid or if they simply stem from a flawed company policy.

### Company’s Promise and Current Status

While the company mentioned plans to improve the parental leave policy by the end of 2022, no changes have been implemented almost 1.5 years later. This delay in action further adds to my frustration and prompts me to question the company’s commitment to addressing employee concerns.

### Seeking Clarity on Discrimination

As I navigate this situation, I am left wondering if the designated parental leave policy truly constitutes discrimination, as some have suggested. I am based in Illinois, working remotely for a Tennessee-based company with approximately 300 employees. I am eager to clarify if my concerns are valid and if there are legal grounds to challenge the current policy.

Through the use of an AI Legalese Decoder, I hope to gain a clearer understanding of my rights and options in addressing this issue within my company.

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8 Comments

  • Mutts_Merlot

    The 6 to 8 weeks leave is established by the short term disability insurance policy that covers “maternity leave”. It’s treated as a medical leave, not specifically as bonding or caregiving time.

    The parental bonding leave is at the employer’s discretion because it’s not a medical disability.

    So, the birthing parent gets the “disability” period plus 2 weeks of discretionary bonding leave. The non-birthing parent gets the 2 weeks of bonding leave because they do not have the physical disability component. In that sense, the amount of bonding leave is equal.

  • zeatherz

    Presumably the leave for the birthing parent also includes their medical leave for recovery from birth? Or is the ten weeks in addition to their medical leave?

    Would you prefer if they used the term “non-birthing parent” or some such?

  • nonlawyer

    > I absolutely take exception with the idea that I’m a “secondary” care giver just because I haven’t given birth myself.  

    They could definitely phrase it better.  “Non-birthing parent” perhaps. 

    But it is indisputable that a woman who gives birth needs time to physically recover, whether it’s a vaginal birth or the major surgery of a C-section.  That just isn’t true for the parent who didn’t give birth. 

    Thus there is a sound basis for this distinction and a lawsuit seems highly unlikely to succeed.  Notably it isn’t even a gender-based distinction; a lesbian couple where one partner gives birth would also have the non-birthing parent treated as “secondary.” 

    Now if they discriminated against fathers by gender in other cases, like adoption or surrogacy where the physical distinction of giving birth isn’t relevant, that’d be a different story.

    E: I don’t understand why OP is being mass-downvoted for asking questions in a totally civil manner.  Lame.

  • Cadetastic

    Well two women can be married, and under your company’s policy if one gives birth, then the non-birth giving woman is still considered a “secondary caregiver”. Yes, biological men are always going to be considered “secondary caregivers”, but women can be too.

    I don’t know that you have a case for discrimination here, but curious what others here think.