Employer Hiring & Recruitment Questions

Is paternity leave warranted?


My construction employer has a male employee whose wife just delivered triplets. He has asked for 12 weeks leave under the FMLA. Do we have to grant this request? If your construction employer is covered under the FMLA, then yes, you are required to grant this leave within a year of the child's birth. Generally, construction employers are not required to offer paid leave to either parent after a child's birth. However, if you do offer a paid maternity leave benefit, you must offer this leave to new fathers as well or risk a lawsuit for sex discrimination. In other words, if you offer paid leave, it must be parental leave, not maternal or paternal.


 




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