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Is This Paid Time Off or Not?: Legal Issues to Consider Around Parental and Other Types of Leaves

Is This Paid Time Off or Not?: Legal Issues to Consider Around Parental and Other Types of Leaves - On-Demand

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Is This Paid Time Off or Not?: Legal Issues to Consider Around Parental and Other Types of Leaves

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to handle parental and other leave requests while avoiding legal issues.


It’s back-to-school season, and many parents may be getting ready or getting their kids ready for the big day. As a result, there may be more requests made to employers for leave, and depending on where you live, the laws may differ. If your employee is requesting parental leave time off, you may need to consider the legal issues and whether or not this will be a paid-time-off situation.

Many—but not all—organizations have paid parental leave policies. A study by the Society for Human Resource Management (SHRM) found that only 17% of employers offered paid parental leave. The tendency is to provide it to the mother, but a recent case against Estee Lauder was brought by a father who argued he intended to be primary caregiver.

The recent EEOC lawsuit against Estee Lauder for its paid parental leave policy has probably got many organizations scrambling to review their parental leave policies. The EEOC alleged that the cosmetics giant automatically provided male workers who just became fathers with lesser parental leave benefits than female employees who had just become new moms. Estee Lauder recently settled the case with the EEOC.

Estee Lauder had offered flexible return-to-work benefits after baby-bonding leave had expired. However, the problem involved sex discrimination, because the EEOC reported that new mothers were entitled to an additional six weeks of paid leave for additional time off whereas new fathers only got two weeks of additional paid time off.

With the likelihood that parental leave requests likely ramping up as school starts up, it’s important to make sure your policies are equitable and well-communicated.

Use this on-demand webinar, when a skilled employment attorney will walk you through the many legal claims that could arise as a result of how you administer your leave, pay, or other related policies.

You’ll learn:

  • Do’s and don’ts for drafting parental leave policies—paid or unpaid— for baby bonding or other family-based commitments
  • Even though your paid or unpaid parental leave policies may be generous, make sure they are equitable and don’t spark EEOC scrutiny
  • How to spot “red flags” concerning benefits related to parental leave
  • How to handle suspected parental leave fraud
  • Case law examples illustrating when employers have goofed by enacting and enforcing pay and benefits policies that inherently discriminated against members of the workforce on the basis of sex
  • A look at sample paid or unpaid parental leave policies—where they comply with EEOC and where they may go wrong
  • And much more!


Register now for this timely webinar where you’ll get clear guidance on when parental leave policies, pay practices, and other issues pose a high risk for EEOC scrutiny, costly lawsuits, penalties, and fines for alleged sex discrimination.  

About Your Presenter:

Miranda WatkinsMiranda Watkins, Esq.
Fisher Phillips LLP

Miranda Watkins is an attorney in the firm's San Diego office. Miranda is passionate about counseling businesses of all sizes on their day-to-day labor and employment issues, offering preventative advice and tools to protect employers. She also litigates cases on variety of issues, including leaves of absence violations, discrimination, retaliation, and wrongful termination. She represents employers in a range of industries in all areas of labor and employment law.

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