Paternity Leave: Does Father Know Best?

by Shari Lifland

The Federal government passed the Family and Medical Leave Act (FMLA) in 1993, as a means for employees to balance their work and family obligations by taking up to 12 months of job-protected, unpaid leave to care for a new baby (by birth or adoption) or any family member who is seriously ill.

Although the FMLA applies equally to both men and women, there is evidence that men are often hesitant to use the family leave policy for the birth of a child. According to a recent article in The New York Times, "Most men do not take advantage of this legal right. Some decline for economic reasons, but for others, it is fear that keeps them in the workplace -- fear of being ridiculed, fear of being discriminated against, even fear of losing their jobs -- some specialists say."

And according to a recent article in Forbes, entitled "Daddy Stress," "At Donaldson, Lufkin & Jenrette, not one man signed up for parental leave in 1997, despite the fact the company offers a generous 12 weeks of paid leave for the primary caregiver." So, while the FMLA is certainly a step in the right direction toward helping workers balance the demands of work and family, it appears that true societal change will take some time.

A recent poll conducted by Penn, Schoen and Berland Associates for Oxygen/Markle Pulse showed that:

Although 64 percent of men believe it is important for them to take more than two weeks of paternity leave, in reality they take off less than one week after the birth of a child;

68 percent of Americans don't know any male colleague or co-worker who has taken more than 2 weeks off for paternity leave;

76 percent of men agreed, "The main reason men don't take paternity leave is that they can't afford the loss of income."

However, only 23 percent of the men interviewed agreed that taking paternity leave "has a negative impact on their careers."

Paternity Leave News from Around the Globe

The issue of paternity leave made national headlines recently when the world speculated about whether or not British Prime Minister Tony Blair would take time off to stay home with his newest (fourth) baby. Even though his wife, Cherie, publicly encouraged her husband to take the leave, Blair decided to stay on the job, stating, "It's not that kind of job." Under British law, new fathers can take as much as 13 weeks off work, unpaid, at any time up to a child's fifth birthday, and return to the same or equivalent job.

Perhaps affairs of state are not as pressing in Finland, or perhaps Scandinavians just take a more liberal attitude toward fatherhood: Finnish Prime Minister Paavo Lipponen took six days' paternity leave after the birth of his first child in the summer of 1998, and recently repeated the practice after the birth of his second child. According to Finnish law, Lipponen received a "paternity allowance" instead of his normal salary during the leave. Finnish fathers are entitled to take up to 18 days off work after a baby is born; women may take up to 105 paid days of maternity leave (The case is being appealed).

Conclusions

Capturing real statistics about paternity leave -- who's taking it, and for how long -- is a slippery slope. In order to avoid any perceived stigma about taking parental leave, as well as to avoid taking any unpaid time off, many men take "stealth" paternity leave, i.e., they use a combination of accrued sick time, vacation days and personal days to take time off after the birth of a child. So even though a Human Resources department may have no official record of any employee taking paternity leave, men are finding creative ways to spend a bit of quality time at home with a new arrival.

Thanks to the FMLA of 1993, most employees now have a framework in place for parental leave. And, as evidence of enforcement of the FMLA, in February 1999, a court awarded $375,000 to former Maryland state trooper Kevin Knussman, in the first sex-discrimination verdict under the FMLA. Mr. Knussman maintained that he had been discriminated against when he asked for parental leave.


Shari Lifland is a New York-based writer.

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