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Corporate Compliance Insights
Home HR Compliance

Closing the Gap: Ensuring Paid Leave for LGBTQ+ Parents

Expansive policies cover all types of families

by Dirk Doebler
October 14, 2024
in HR Compliance
family marching in lgbtq pride parade

Family building is difficult across the board but can be near impossible to manage financially for marginalized parent groups. The lack of equitable access to paid parental leave (PPL) and infrastructure has ripple effects for parents-to-be across the board. Only 27% of employees in the private sector have access to PPL, and the challenge is even greater for LGBTQ+ parents who face a mountain of obstacles in securing equitable leave. Dirk Doebler, CEO of Parento, explores the gap in PPL access, which not only highlights disparities but also impacts the financial stability and emotional well-being of countless families across the country.

American workers want to close the inequity gap in PPL policy for LGBTQ+ parents. Remote recently found that 47% of employees believe an inclusive parental leave policy must be gender-neutral, while 39% feel their companies should intensify efforts to make PPL policies more inclusive. So, why is there still such stark inequality? 

Part of the gap can be explained by the fact that many existing employer leave policies don’t provide equal leave for non-birthing parents — this includes those who adopt, foster or utilize surrogacy. That reality disproportionately impacts LGBTQ+ families who are seven times more likely to adopt or foster, according to a UCLA study. Only 45% of respondents in a Human Rights Campaign survey said their employers had LGBTQ-inclusive family leave policies. To exacerbate the issue, the Family and Medical Leave Act (FMLA) only guarantees non-birthing parents unpaid leave. 

The lack of paid parental leave for LGBTQ+ parents has tangible human impact. Consider the story of Kipp Jarecke-Cheng. After he and his partner adopted their son, Kipp discovered that his employer did not offer any adoption benefits or paid family leave. He would have to use his vacation time — a common reality for LGBTQ+ employees who use their often limited PTO and sick days as a substitute for parental leave. This reality exacerbates the problem because it creates gaps in historical PPL data. If LGBTQ+ individuals take PTO as their parental leave, they’re not included in PPL utilization data, which could give the false impression that they don’t need the benefit. Of course, that’s not true, but bad data can often lead to inequitable decision-making.

The fear of discrimination is also a significant barrier for LGBTQ+ families. Though a Gallup poll found that 37% of LGBTQ adults have seriously considered fostering, and 32% have thought about adoption, almost 70% of LGBTQ+ parents are concerned that taking parental leave would negatively impact their job or career. This can be especially true for those who work at particularly conservative companies, or live in conservative states that don’t support who they are.

trans flag in office window
Ethics

Building a Better Office: How Employers Can Support Gender Diversity

by Cameron Zayne
June 7, 2023

Read moreDetails

The path to inclusivity

Addressing these issues is challenging but not impossible. Consider:

  1. Gender-neutral policies: By removing gender considerations from PPL policies, we ensure that they are universally applicable, respecting all paths to parenthood and family-building, including birth, adoption, and surrogacy.
  2. Equality for all Forms of parenthood: An estimated 1.2 million same-sex couples are raising children. These couples are twice as likely to be living near the poverty line compared to opposite-sex parents. Recognizing and providing equal leave for adoption, foster care and surrogacy will help close that financial gap considerably.
  3. Personalized employee support: Parento’sresearch indicates a rising demand for better support for dependents. Providing tailored wellbeing and coaching programs can help meet these needs holistically.
  4. Legal and cultural recognition of diverse families: Expanding the legal definition of family beyond the nuclear model to include chosen families and domestic partners can provide more comprehensive coverage. Some states have made significant strides by including “chosen family” in their paid family leave (PFL) laws, recognizing the diverse nature of family units today. New Jersey, Washington, Connecticut, Oregon and Colorado have set commendable precedents by expanding their definitions of family to include virtually any significant person in one’s life, reflecting a more modern understanding of family dynamics

Conclusion

The call for change is echoed by organizations like the Human Rights Campaign, which advocates for paid leave to encompass all families, irrespective of how they are formed. Legal challenges against discriminatory practices, such as those faced by JP Morgan-Chase and Estée Lauder, also highlight the ongoing battle for equality in PPL policies. As a community and as leaders in business and policy, we must push for a world where every parent, regardless of sexual orientation or gender identity, receives equal support to nurture their family.

 


Tags: Corporate CultureDEIFamily Medical Leave Act (FMLA)
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Dirk Doebler

Dirk Doebler

Dirk Doebler is the founder and CEO of Parento, a national insurance-based solution for paid parental leave. He has previously served as an executive and analyst.

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