Senior Counsel John Litchfield was quoted in a SHRM article, “Phased Maternity Leave Enhances Parental Benefits,” about the expansion of parental leave benefits by many U.S. companies.
Litchfield said employers that provide paid child-bonding leave should review their policies to determine whether they apply similarly or differently to men and women, and to natural parents, adoptive parents and same-sex couples.
If a bonding-time policy applies differently to different categories of parents who fall within a protected status, either at the federal or the state level, “then the policy may invite a claim of disparate treatment on the basis of sex, sexual orientation, familial relations or some other protected category,” he said.
Employers can distinguish medical leave for new mothers from child-bonding time, offering the latter to mothers and non-birth parents equally, he added.
Litchfield said employers that provide paid child-bonding leave should review their policies to determine whether they apply similarly or differently to men and women, and to natural parents, adoptive parents and same-sex couples.
If a bonding-time policy applies differently to different categories of parents who fall within a protected status, either at the federal or the state level, “then the policy may invite a claim of disparate treatment on the basis of sex, sexual orientation, familial relations or some other protected category,” he said.
Employers can distinguish medical leave for new mothers from child-bonding time, offering the latter to mothers and non-birth parents equally, he added.
People
Related News
26 September 2024
In the News
Gregory Marino on NIL Litigation – 'Schools want to know where the line is, and now everything is in flux'
Foley & Lardner LLP special counsel Gregory Marino shared insight on the growing complexities of collegiate sports in the ABA Journal article, "Money and litigation tangle with recent rules for college athletes' NIL deals."
24 September 2024
In the News
Thomas Ferrante Assesses Recent HHS OIG Report on Remote Patient Monitoring
Foley & Lardner LLP partner Thomas Ferrante commented on the recently released report on remote patient monitoring from the U.S. Department of Health and Human Services Office of Inspector General (OIG) in the Fierce Healthcare article, “HHS watchdog flags potential remote monitoring fraud. Stakeholders say concerns about misuse are overblown.”
20 September 2024
In the News
David Rosen Featured for Insight on Looming FDA Final Rule for Cosmetic Manufacturing
Foley & Lardner LLP partner David Rosen is featured by CosmeticsDesign for his insights on the U.S. Food and Drug Administration's final rule establishing Good Manufacturing Practices for the cosmetics industry in the article, "Preparing for MoCRA’s 2025 cGMP deadline: What cosmetic manufacturers and suppliers need to know."