Paternity Leave

morrga

Hi, I see its becoming a hot topic since the goverment introduced paternity benefit for fathers where the right to pay for maternity leave and paternity leave are not deemed discriminatory if a company chooses to pay one and not the other.
I would have thought choice was the underlying trait of any discrimination case. This case study example seems very vague where it states: 
[font=Roboto, Arial, sans-serif]"the special protection afforded to women in connection with pregnancy and maternity is embedded in European and Irish law"[/font]
https://www.williamfry.com/newsandinsights/news-article/2017/09/22/failure-to-top-up-salary-during-paternity-leave-not-discriminatory-finds-wrc
A woman is NOT legally protected to receive maternity pay so how can it not be a discrimination issue if the company chooses to pay mothers but chooses not to pay fathers.
Equally a company can choose to pay fathers and not pay mothers. How would the shoe fit then?
Seems strange in this age of gender equality that a WRC could determine this ruling given that choice and not legislation dictated one gender was paid and the other was not paid.
Thoughts welcome.

shesty

It doesn't make it right but they seem to be essentially following the letter of the law because it specifically refers to women at European level.Basically.
I am surprised they don't have to top up both gender's pay if that is their maternity policy, at the very least.

CircleofLife

shesty wrote: »

It doesn't make it right but they seem to be essentially following the letter of the law because it specifically refers to women at European level.Basically.
I am surprised they don't have to top up both gender's pay if that is their maternity policy, at the very least.

Sounds like that is a law that needs to change then. We're trying so much to encourage women to stay in the workplace, but won't acknowledge that allowing fathers leave to go home will help with that. It doesn't make sense! Equality should mean equality.

morrga

shesty wrote: »

It doesn't make it right but they seem to be essentially following the letter of the law because it specifically refers to women at European level.Basically.
I am surprised they don't have to top up both gender's pay if that is their maternity policy, at the very least.

True and if they are following the letter of the law in protecting the mother then where is the protection of the mother who's partner is refused the right to full paternity pay thus making it difficult to use the leave for what it entails i.e. supporting the family.

shesty

Pretty much as circle of life said, the law will have to change at some point.Although since they are referring to EU law I wonder how the payments work in other EU countries, since presumably they apply to them too, and most of them have paternity/maternity arrangements too.
I should add I'm all for equality and I think that unless more fathers start taking leave, the issue of parental leave, childcare etc. won't come to fore more, and it needs to.Working in a very male domimated place myself, and most men I've met there are very much hands on in raising their kids and being involved in their lives.