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Old 03-13-2008, 03:43 PM
skylark skylark is offline
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Join Date: Aug 2007
Posts: 651
Quote:
Originally Posted by DSTCHAOS View Post
I was talking about FMLA, in general, which is why I included the link to the FMLA.

Anyway, here is one condition in which paternity leave can depend for some companies:

http://hr.cch.com/hhrlib/issues-answ...ebruary-2-2004
When it comes to those kinds of uncited, legal answers on websites (including GC)... take them with a grain of salt. They are doing the best they can (as I try to do most of the time on GC) without making the answer undecipherable to a non-legal reader. That website is one answer to a very complicated question... the answer of which is not known because the issue hasn't been before SCOTUS. Different results for different circuits... there just isn't a good answer.

HOWEVER... if you are giving an employment benefit to one gender and not another you better have a really good explanation for it. And the medical problems that come with pregnancy is only an explanation for a short leave in most pregnancy situations. If you give a 6 month leave to women (ALL women, regardless of pregnancy complications) and nothing to men... you're going to have a hell of a time explaining it in court and I sure as hell wouldn't advise a client to have that sort of policy.

Honestly... I think I'm going to cry if this thread doesn't get back on track. I thought it was really worthwhile and I certainly didn't want to spend my lunch hour writing about crap I do during the rest of my workday.
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