It sure does if the bank is a qualified employer under the Act (i.e. 50 or more employees within a 75 mile radius.) If it is, there is indeed a problem with the way they are administering the Act.
The FMLA provides gender equality in the administration of the act.
Section 825.207 Subpart B of the Act states (specifically paragraph (b):
"(a) Generally, FMLA leave is unpaid. However, under the
circumstances described in this section, FMLA permits an eligible employee to choose to substitute paid leave for FMLA leave. If an employee does not choose to substitute accrued paid leave, the employer may require the employee to substitute accrued paid leave for FMLA
leave.
(b) Where an employee has earned or accrued paid vacation, personal or family leave, that paid leave may be substituted for all or part of any (otherwise) unpaid FMLA leave relating to birth, placement of a child for adoption or foster care, or care for a spouse, child or parent
who has a serious health condition."
Therefore, an employer cannot distinguish between the sexes with regard to allowing paid time off or not. The bank is ripe for a gender discrimination claim if it is a qualified employer under the Act, and they need to change this ASAP.
If the bank does not qualify for the FMLA provision but has a separate provision for family leave, it must be available to both fathers and mothers. If you offer a benefit that can be used solely by women -- like paid family leave -- you can be sued for discrimination.
Bob McComas
EVP - Human Resource Regulatory Compliance
Financial Professionals
Last edited by Bob McComas; 09/27/02 03:44 PM.