Can both parents be considered Primary Care Giver to a newborn when working at the same workplace?

Both my husband and I work at the same place
and their Parental Family Leave Policy is 6
weeks for Primary and 1 week for secondary
however it does not specify what is considered
primary vs secondary. Can we both be considered
primary care giver at different go6ven times
within the childs first year? I.e. Mom is care
giver for the forst 3 months and upon return to
work dad would be considered the primary care

Asked on October 10, 2019 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you cannot be. The whole concept of "primary caregiver" is that the caregiving is not equal: one parent does more of it. But switching off as leave allows is effectively making your caregiving responsibilities equal. While your employer could voluntarily choose to let you do this--employers can always choose to be more generous than required, if they want--but your employer would be well within its rights to decide that only one of you can be primary.

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