Q. My company offers 10 weeks paid
A. No. Title VII of the Civil Rights Act of 1964 and most states prohibit gender discrimination. Accordingly, unless “maternity leave” is tied to the company's short-term disability policy and is provided solely for recovery from childbirth, the employer that provides paid leave for the birth of a child must provide such leave to all employees, male and female.
Note also that some states, including Maryland, require employers that offer maternity leave to provide such leave equally to employees who adopt a child. Of course, the federaland state equivalents require some employers to provide a minimum of 12 weeks unpaid leave for the birth or adoption of a child. Check these statutes for eligibility requirements.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- When deciding reasonable accommodations, assess disability on individual basis
- Make sure you ask for FMLA certification each time employee says she needs leave
- Tell staff: Break data rules, risk prosecution
- California's Employee Leave Laws