New York City Attorneys for Parental Leave
Whether you are new father, or a father who welcoming a new addition to his family New York, baby bonding leave is crucial. Sadly, many employers retain gender stereotypes about caregiving, and may create work cultures that are not conducive to fathers taking time off for their families. Your rights to New York paternity leave are as important as your spouse’s rights to maternity leave after a baby is born. An employer who denies New York City paternity leave might be held accountable not only for paternity discrimination, but also gender discrimination or caregiver discrimination. It is important to seek legal counsel. If you are a New York working father concerned about parental leave, call the experienced New York City paternity leave lawyers of Phillips & Associates. We represent clients on a contingency fee basis and offer free consultations.
Do employers pay for NY Paid Family Leave?
Employers purchase insurance to cover the benefits provided by NY Paid Family Leave or they self-insure, but the insurance is funded by their employees’ payroll deductions. In some cases, employers may choose to cover the costs of insurance premium payments and not use employee payroll deductions. The employer’s insurance carrier receives and processes your request for paid family leave and makes the benefit payments owed.
Paid paternity leave in New York is available for purposes of bonding with a child during 12 months after his or her birth or after placement of the child for foster care or adoption. However, the same insurance can also be used to care for a family member with a serious medical condition or for any qualifying exigency related to a family member on active duty in the armed forces.
Can your employer deny paid family leave NY?
Assuming you are eligible, your employer cannot deny you paid family leave in New York. Under the Paid Family Leave law, you can take the leave all at once or intermittently in increments of up to 2 weeks during the 12 months after your baby is born, but the leave needs to be taken for full days. Our attorneys may be able to represent you if you were denied paid family leave, or treated adversely because you took the leave.
You should notify your employer a minimum of 30 days before you start your leave. In the event that the need for leave was not foreseeable, you should notify your employer as soon as you can. You can bring a lawsuit for relief if your employer refuses to give you this time to bond with your baby. Denial of parental leave in New York is paternity discrimination.
Who is eligible for NY Paid Family Leave?
Most parents are eligible for NY Paid Family Leave. It is available only after the baby is born. It can’t be taken for prenatal conditions, though mothers have other legal protections available to them if they develop a medical problem in connection with pregnancy.
Paternity Leave Discrimination
Despite these legal protections, discrimination related to paternity leave can still occur in the workplace. These are examples of paternity discrimination:
- Refusing to grant paternity leave,
- Offering fathers less time off than mothers, which perpetuates stereotypes,
- Stigmatizing paternity leave when a father chooses to take it,
- Paying fathers who take paternity leave less than their colleagues who did not take time off.
Unfortunately, as a father, you may find that taking paternity leave is stigmatized in your workplace or that you receive fewer opportunities because you asked for or took paternity leave. Call our lawyers to see whether you have a discrimination claim.
Employers must work to create an inclusive workplace culture that not only supports maternity leave, but also supports paternity leave and encourages men to take advantage of this important benefit. By doing so, employers can promote a more equitable and family-friendly workplace for all employees.
Call Our Experienced New York City Paternity Discrimination Attorneys
As a father, you may be eager to take parental leave in New York. You should not be denied or discouraged from exercising this right, and you shouldn’t have to face paternity leave discrimination or retaliation. Our experienced paternity leave lawyers represents clients across New York City, 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.
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