Paternity Discrimination

NYC Paternity Discrimination Lawyer

Employers should not discriminate against or harass employees because of paternity accommodations. If you faced discrimination on the job because you took paternity accommodations for work, call the caring and confidential paternity discrimination attorneys at Phillips & Associates. It is challenging to face adverse treatment because you exercise your legal rights to bond with your new baby. Understanding the challenges you face, we represent clients on a contingency fee basis, which means we won’t recover our fees unless we win an award or settlement for you.

Bonding Leave vs. Maternity Leave in NYC

After your family grows, you may wish to spend time bonding with your newly enlarged family and to take time off from your job to adjust to having a new baby in the house. As a new father, you are entitled to baby bonding leave in New York. Bonding leave is different from maternity leave because it applies to fathers. However, you should be given leave without regard to your gender, and you should not be treated differently by your employer because you take leave to care for your baby. In New York, fathers can take bonding leave under the Paid Family Leave Act. You may have a claim for discrimination if you were denied this leave, or because you are a caregiver, and your family holds outdated stereotypes about gender and caregiving.

What is Paternity Discrimination?

Paternity discrimination occurs when an employee is treated adversely because he is a father or took leave to bond with a baby or provide care to a family member. Discrimination against fathers for taking bonding leave can take many forms. You may be facing paternity discrimination if: 

  • Your employer denies bonding leave to which you’re entitled under the Paid Family Leave Act.
  • Your employer retaliates against you for taking the leave by demoting you, terminating you or paying you less. 
  • You are eligible for leave under the FMLA and your employer treats you adversely because you took time off to take care of your newborn or your spouse who was incapacitated by a medical condition. 

Sometimes employers give fathers less time off than mothers for the birth or adoption of a child, which is not only discriminatory but also perpetuates gender stereotypes.

Some workplaces stigmatize fathers who take time off for paternity leave or treat them differently than mothers who take time off for maternity leave. As a father, you should not be harassed or treated adversely based on stereotypes about your role in caregiving. 

Call our lawyers if you were discriminated against, harassed, or retaliated against because you asked for or took leave to bond with your new baby.

Am I Entitled to Paternity Leave Under Federal Law?

You may be entitled to unpaid paternity leave under federal laws, but they do not expressly require employers to provide paternity leave. Instead, you may be eligible for unpaid paternity leave as a type of family leave that is available to eligible employees under the Family and Medical Leave Act (FMLA). 

The FMLA provides eligible employees with up to 12 weeks of unpaid leave for the birth or adoption of a child. This type of leave is available to both mothers and fathers. You can take this leave even if your spouse also takes FMLA leave. The FMLA is enforced by the United States Department of Labor. 

As a father, you can use FMLA leave for the birth of a child, but you can also use it to care for your spouse if she is incapacitated due to pregnancy or childbirth. Additionally, under the New York City Human Rights Law, you should not be penalized for providing care to a child under age 18 for whom you provide ongoing, direct care or for providing direct and ongoing care to certain family members who rely on you for medical care or to meet their daily living needs. 

Consult Experienced New York City Paternity Discrimination Attorneys

Our law firm represents clients in paternity leave discrimination lawsuits in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, Suffolk County, and Nassau County, among other places. Complete our online form or contact us at (212) 248-7431 if you believe you may have a claim. We understand it is difficult to go up against your employer. We represent fathers, as well as mothers, who have been discriminated against on a contingency fee basis and provide free consultations.

Contact us online or by calling (866) 229-9441 today!

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