Happy Father's Day weekend, y'all!
How much do you know about dads in the workplace in our modern era? Take our quiz and find out!
Since today is Friday the 13th, I’m going to make this quiz a hard one. But, as always, the answer will appear at the end of each question, so you can cheat all you want and we'll never know.
And if you make it all the way through, there will be a special Father's Day gift selected especially for you!
Ready? Here we go:
A. Yes.
B. No.
ANSWER: A. The employer is correct. Jack is not entitled to FMLA leave to care for Jackie because he is not her spouse, parent, or child. (I’d recommend giving him some time off anyway, but there’s no legal obligation to do so under the FMLA.)
Does Jack have any other options?B. No way!
ANSWER: A. Way! Jack can request (and should get) FMLA leave to care for little Jacquelyn because he is Jacquelyn’s father. The fact that he isn’t married to the mother doesn’t affect his FMLA rights with respect to his child.
(And I seriously doubt that his employer will monitor to see whether he spends some of his FMLA leave looking after Jackie at the same time.)
No. 2: Smedley’s wife just had a baby. It was a complicated delivery, and both mother and child are recuperating. Smedley’s employer is not covered by the FMLA. But can Smedley take time off work under the Pregnant Workers Fairness Act, which requires reasonable accommodation for pregnancy, childbirth, and related conditions, since a complicated childbirth is a pregnancy-related condition?
A. Yes.
B. No.
ANSWER: B. The PWFA applies only to the person who is pregnant, not to her spouse and not to her baby. So unless Smedley is in a state with more generous laws (or unless his employer is nice and gives him time off anyway), Smedley and his new family are out of luck.
A. The person selected is a less-qualified woman who, like Zeus, has taken four parental leaves?
C. Neither A nor B?
ANSWER: Possibly, D. If Zeus can show that the less-qualified woman who took four parental leaves was chosen because that’s “normal for women” but “kind of weird” for a man (a.k.a. "sex stereotyping"), then Zeus might have a case. And if the coworker was favored despite lesser qualifications because he/she never took parental leave at all, that could also be discriminatory. (Also, as we saw a few weeks ago, if Zeus's religious beliefs are the reason he has a lot of kids and takes paternity leave, he might have a claim for religious discrimination.)
A. Yes.
B. No.
ANSWER: B. The PWFA doesn’t specifically address transgender employees, but since Hal is the pregnant person, it probably doesn’t matter how Hal identifies. If Hal is pregnant, Hal is pregnant, and almost certainly entitled to reasonable accommodation under the PWFA and lactation accommodation under the PUMP Act.
A. Adam, Steve, and Eve all get FMLA leave and pregnancy accommodations under the PWFA.
ANSWER: B. (This was my real "Friday the 13th" horror question.) Let’s break it down:
Adam and Steve are entitled to FMLA leave related to their adoption of the baby and also to care for him until he reaches age 18 if he has a serious health condition.* The fact that they are not the biological fathers does not disqualify them because the FMLA treats adoptive parents (and also foster parents) the same as biological parents.
*If the baby has a disability, Adam and Steve may be able to take FMLA leave to care for him even after he is an adult.
Eve is entitled to FMLA leave because she was pregnant with and gave birth to the baby. The fact that she gave him up for adoption does not disqualify her from getting FMLA leave related to the pregnancy and childbirth. However, Eve would not be entitled to take FMLA leave to care for the baby if he ever had a serious health condition because she wouldn't be his parent (for FMLA purposes, anyway) after the adoption.
In contrast, and as already discussed above, the PWFA accommodation obligation applies only to the pregnant (or childbearing) individual. That would be Eve, but not Adam or Steve. If you think I’m wrong about that, I’m willing to listen.
HOW’DJA DO?
4-5 correct: You're Mike Brady, the best dad ever!
2-3 correct: Not bad! You're Al Bundy: You support your family and stick up for your kids every now and then.
0-1 correct: Eek! You're Walter White!
Just kidding! You all did great. And here is that special Father's Day gift I promised you:

Have a great holiday, Dads!
- Partner
Robin has more than 30 years' experience counseling employers and representing them before government agencies and in employment litigation involving Title VII and the Age Discrimination in Employment Act, the Americans with ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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