Paternity Leave Discrimination Lawyers
Having a child should be a time of joy and family support, not workplace conflict or fear. When fathers are denied leave, demoted afterward, or penalized for requesting paternity time, it’s more than unfair—it’s illegal. Sanders Law Group understands the impact of paternity leave discrimination on fathers and families, and we’re dedicated to defending your rights under federal and New York law.
What Is Paternity Leave Discrimination?
Paternity leave discrimination occurs when a father is treated unfairly—such as being denied leave, penalized, demoted, or terminated—for taking or requesting time off to care for a newborn. Both federal and state laws protect new fathers from such workplace retaliation.
Your Legal Protections
- FMLA (Federal Law): Eligible employees are entitled to 12 weeks of unpaid leave for the birth of a child, with job protection and benefits retention. Retaliation for taking FMLA leave is prohibited.
- New York Paid Family Leave (PFL): Offers partial wage replacement and job protection for bonding with a new child—regardless of gender.
- NY State Human Rights Law (NYSHRL): Prohibits discrimination based on gender or family responsibilities—inclusive of paternity leave.
- NYC Human Rights Law (NYCHRL): Covers leave-related discrimination under its broader sex and familial status protections.
Examples of Paternity Leave Discrimination
- Denial of leave or pay while female colleagues receive approved maternity leave.
- Retaliatory demotion, schedule reduction, or forced relocation following paternity leave.
- Negative performance reviews or disciplinary action tied to taking parental leave.
- Being pressured to resign or return early following leave.
- Overlooking for promotions or benefits because you utilized paternity leave.
Building Your Case
Effectively proving paternity leave discrimination includes gathering evidence such as:
- Leave requests and approval/denial records
- Email correspondence referencing your parenthood status and employer reaction
- Performance reviews or memos given before and after leave
- Comparative evidence showing different treatment than mothers or non-parent employees
- Testimonials from coworkers aware of the disparate treatment
Why New York Laws Matter
New York’s laws are especially protective when it comes to parental leave. Unlike federal standards, state and city laws facilitate more straightforward paths to claim for discrimination—even where subtle workplace penalties occur. Paternity, especially, remains undervalued—these statutes ensure fairness is upheld.
What You Should Do Now
- Document all communications about your leave request and any follow-up actions by your employer.
- Keep copies of leave requests, approvals, and any adverse employment actions.
- Note any remarks or decisions suggesting bias—e.g., comments about “not being a real caregiver.”
- Reach out early—deadlines for filing under FMLA and state laws may apply.
How Sanders Law Group Helps
- Evaluate your claim under FMLA, PFL, and relevant workplace laws
- File claims with agencies like the U.S. Department of Labor, NYSDHR, or NYCCHR
- Negotiate on your behalf for reinstatement, back pay, or damages
- Offer compassionate, father-focused legal advocacy at every stage
Timing Matters—Act Now
Timeframes for paternity leave claims are strict. FMLA retaliation claims generally must be filed within two years, while NY state claims may have even shorter deadlines. Contact us promptly to preserve your options.
Get Your Free Consultation
If you’ve been treated unfairly for seeking or taking paternity leave, you deserve justice—and support.
Call (800) 979-3707, email info@sanderslaw.group, or fill out our free consultation form.
Why Clients Choose Our Firm
- Specialized experience advocating for fathers’ paternity rights
- Supportive, advocate-driven legal approach
- Proven ability to secure equitable remedies in parental leave cases