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Paternity Leave

Paternity Leave Discrimination Lawyers

As an expectant father, you may count on taking leave when your child is born or if your partner’s pregnancy-related complications require you to take some time off. There are legal protections for paternity leave in New York. However, unfortunately, some employers deny paternity leave, or discriminate against an employee for exercising the right to parental leave. If you were treated adversely on the job because you took baby bonding leave, call the trustworthy paternity discrimination lawyers of Phillips & Associates to find out whether you have a claim. We understand it is difficult to face discrimination, or to oppose your employer’s illegal practice, when you’re starting or growing your family. Our firm represent clients on a contingency fee basis, which means we don’t get paid unless we win an award or settle your case. 

Do fathers get paid paternity leave in NY?

Fathers get paid paternity leave in New York City. This leave is available under the state’s Paid Family Leave Act for up to 12 weeks at 67% of your pay up to a capped maximum. This law applies to all employers regardless of the number of employees they have. In order to qualify for parental leave, you must have worked for your employer for at least 26 weeks and worked an average of 20 hours per week. Our New York City attorneys may be able to represent you if you were denied paid paternity leave or discriminated against for taking it. 

How much paternity leave are fathers entitled to in New York?

You are entitled to job-protected, paid baby bonding leave of 12 weeks within the first 12 months of your baby being born under the New York Paid Family Leave Act. This leave can be taken all at once after your baby’s birth or in increments of up to 2 weeks to connect with your newborn. The maximum number of paid leave days you can take under this law is based on the average number of days you work per week. 

The Paid Family Leave Act applies to almost all employees who work for private employers, but some categories of workers are excluded from the definition of employee. If you and your fellow parent work for the same company in NYC, you can take paid parental leave simultaneously, unless your employer objects. 

How much paternity leave do fathers get under federal law? 

In addition to leave under the state law, you and your spouse may be entitled to 12 weeks of unpaid job-protected parental leave in New York for the birth or adoption of a child under the Family Medical Leave Act [link to Family Medical Leave Act]. However, not all employees are eligible for FMLA leave. To be eligible for leave under the FMLA, the following must be true: 

  • You need to have worked for your employer for at least the last 12 months and a minimum of 1250 hours in the prior 12 months.
  • You must work for a private employer at a location with at least 50 employees, or you must work for a public agency, including state and local governments. 

Under the FMLA, you can use your accrued paid leave, sick days or vacation days, to receive pay during your absence from the workplace. Your health benefits should continue during the leave. 

Consult Experienced New York City Paternity Discrimination Attorneys

Our paternity leave discrimination lawyers represents fathers 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. In most cases, employers have far more resources than their employees. We understand it is difficult to go up against your employer, particularly when your job status feels precarious, and you have welcomed a new addition to your family. We represent parents who have been discriminated against on a contingency fee basis and we also provide free consultations.

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