Paid maternity leave - sex/disability discrimination

cxc

I am working with a group of lawyers who have raised the following questions. (I have my own thoughts but your input/reactions are appreciated.)

A company offers 6 weeks paid maternity leave to its female employees. Is this discrimination against men? Is this discrimination against a disabled employee who only gets unpaid medical leave for disability related treatment. (We are in a state that covers temporary disabilities.) I'm told that these lawyers have some obgyn clinic clients who are no longer offering paid maternity leave out of concern for exposure to claims of other forms of discrimination.

Do you see any problems deferring payment of the salary during maternity leave until the employee returns to work? What about 1/2 at 3 weeks and 1/2 when the employee returns to work? (The concern here is that the leave will be paid and then the employee may elect not to return to work but rather stay home with the baby. Thanks in advance for your help.

dhnyct

Beware...Years ago we had two new moms return to work for as little as one week just to get the paid benefit and then announced their intent to stay home. They took advantage of the system, and the "burned" owners discontinued the benefit.

Frenchie

I believe this practice could be viewed as discriminatory as it is just offered to pregnant women. We provide short term disability insurance to our associates, and cover maternity leave under that. As long as the physician determines them to be disabled they receive a benefit. Of course, under FMLA they are entitled to 12 weeks of unpaid leave. We do count the leave time under STD toward the FMLA leave.

Gar

I can see a male employee file and win a claim of gender discrimination because he receives no financial benefit, deferred or otherwise, for being disabled while a female employee does. Moreover, I can see a male employee prevail in an Equal Pay Act claim since, under the Act, fringe benefits are considered a remuneration for employment. Be careful!!