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

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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 12 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. 


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