Unequal paternity and maternity benefits

[peej]

What law applies to not reducing the rights of one group in order to make two groups equal. Specifically, if there is paid paternity leave, but the mother must use sick days for maternity leave. What law applies that you cannot reduce paternal rights to make them equal but must increase the maternal rights to make them equal?

[Mr. Knowitall]

Are you asking about the parents of one child, who work for the same employer?

[peej]

No- it is set up so that mothers must take all sick days for maternity leave and fathers get 5 paid paternity days before having to take sick days for paternity leave. The board wants to reduce the rights of the fathers and say well now they must just have sick days to make them equal- which is reducing the rights already in place for fathers to make them equal. I thought they were required to give the mothers 5 paid days to make them equal- as not to reduce the rights of one group to make them equal.

[Mr. Knowitall]

They have to follow the laws of the jurisdiction, whatever that happens to be. If the jurisdiction does not require any paid maternity leave, they don't have to offer it. Unless there is a contract of employment which provides otherwise or mandates the benefit, they can reduce benefits they have previously offered on a voluntary basis.