IF MY EMPLOYER PAYS A FEMALE EMPLOYEE PARENTAL LEAVE FOR THE BIRTH OF A CHILD, ARE THEY REQUIRED TO PAY MALE EMPLOYEES THE SAME?

Get Legal Help Today

 Secured with SHA-256 Encryption

IF MY EMPLOYER PAYS A FEMALE EMPLOYEE PARENTAL LEAVE FOR THE BIRTH OF A CHILD, ARE THEY REQUIRED TO PAY MALE EMPLOYEES THE SAME?

Asked on June 24, 2011 under Employment Labor Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Just for informational purposes only, it is my understanding that the state of Texas has no set of laws that deal with maternity or paternity leave in place other than their compliance with the Family Medical Leave Act (FMLA) which is a federal law.  So Texas employers do not have to give maternity or paternity leave.  So what your question really asks is is it discrimination under the law for an employer to give a female employee paid maternity leave and not a male employee, correct?  Although I can see how you could argue that the two are similarly situation as being new parents, I think that a distinction could be had under the circumstances.  But I would consult with an employment attorney in your area to be sure. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption