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Paternity Leave

My brother-in-law just told me his employer's paternity leav canon8305/09/18
Bad idea to sue. The reality of lawsuits is they last a lon nycatt05/10/18
Sue for what? Seems like he’s putting his career at ris midlaw05/09/18
I am guessing primarily emotional distress. canon8305/09/18
Yeah your brother-in-law's not gonna go far with that. It's specv31305/09/18
Women and children to the life rafts! Brother in law needs t orgdonor05/09/18
I think you need a state FMLA supplement, assuming his emplo jorgedeclaro05/10/18
He shouldn't sue. Waste of his time, money and energy. It wi cranky05/11/18
Was going to weigh in but this says it all. rainsofcastamere05/11/18
canon83 (May 9, 2018 - 1:34 am)

My brother-in-law just told me his employer's paternity leave policy is 4 weeks, that he submitted 3 weeks worth of days off for paternity leave over the course of 2-3 months after the birth of his daughter, but had to work from home nearly all 3 weeks because his employer was not adequately staffed to have a back up for his role which was highly critical for day to day operations.

Guy wants to sue, but I think he will risk his career.

Thoughts?

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nycatt (May 10, 2018 - 11:11 am)

Bad idea to sue. The reality of lawsuits is they last a long time and take an emotional toll. It needs to be worth it, and this is not. Damages are minuscule and no competent lawyer would take the case. Further, I got 2 weeks for paternity leave and at my last firm it was ZERO paternity leave.

And he would lose his job.

If he likes his job otherwise, he should keep it, if not, find another and quit, but this paternity things is done and should be forgotten.

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midlaw (May 9, 2018 - 1:58 am)

Sue for what?

Seems like he’s putting his career at risk for a small payout, a scarlet letter as litigious, and no policy change (if that matters). I don’t see the upside.

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canon83 (May 9, 2018 - 2:11 am)

I am guessing primarily emotional distress.

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specv313 (May 9, 2018 - 7:49 am)

Yeah your brother-in-law's not gonna go far with that. It's obviously crappy and irresponsible of the employer to have paternity leave policy which, in practice, he couldn't take advantage of. But I'm having difficulty seeing the COA in these circumstances. Title VII covers discrimination on the basis of pregnancy. Maybe your bro in law could argue this was a form of pregnancy discrimination.

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orgdonor (May 9, 2018 - 8:05 am)

Women and children to the life rafts! Brother in law needs to come in to the real world. He doesn't matter. His family doesn't matter. Only women's families matter.

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jorgedeclaro (May 10, 2018 - 9:54 pm)

I think you need a state FMLA supplement, assuming his employer is covered. Non-economic damages aren’t available under the FMLA if I recall correctly.

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cranky (May 11, 2018 - 10:08 am)

He shouldn't sue. Waste of his time, money and energy. It will also hurt his professional reputation.

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rainsofcastamere (May 11, 2018 - 4:25 pm)

Was going to weigh in but this says it all.

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