Can Males Claim Maternity Leave If They Identify As Moms?

Paternity leave, like maternity leave, is governed by Federal Labor Law and Social Security Law. Male workers are authorized to take five days off work after the birth or adoption of their child, receiving 100 of these days. Maternity, paternity, and parental leave policies are fundamental parts of comprehensive social protection systems. In the United States, maternity leave laws can be confusing, but employers and states have been increasing their protections for parental and medical leave in 2022.

Maternity leave is time taken off from work before and after giving birth to a child. The FMLA typically provides up to 12 weeks of time off for new parents who work for public agencies or companies with 50 or more employees. Both parents should get paid leave equally, as they need to bond with their baby and find their footing.

The status of being a “mother” arises from the role that a person has undertaken in the biological process of conception, pregnancy, and birth. The Constitutional Court decided in ruling C-324 of 2023 that maternity leave is applicable to transgender men and non-binary people. Even though all women and men are eligible for parental leave in four Member States, inequalities may occur when looking at financial compensation levels.

Transgender people deserve the same inclusive and affirming care as cisgender folks. To be inclusive, the language around transgender pregnancy should change, and individuals should be recorded as their child’s “mother” in England and Wales.