Boss refuses equal parental leave for a new father
A new father is being denied equal parental leave by an employer relying on outdated policies.
Premiumintermediate8 minutes
The Situation
What They Said
“The highest court has ruled that fathers and mothers are entitled to the same parental leave, and I am exercising my right to take my full share.”
The user is a new father attempting to secure his legally mandated leave time. His employer is resisting, creating a power imbalance that threatens the user's family time and job security.
The Fallacy
Appeal to Outdated Authority
The employer is relying on superseded regulations that the highest court has explicitly declared unconstitutional. By claiming that parental leave is gender-specific, the employer is perpetuating unfair discrimination. The law now recognizes that both parents have an equal right to bond with and care for their child.
What the Law Says
Your Legal Foundation
Ley de Contrato de Trabajo 20.744
art. 177 de la Ley de Contrato de Trabajo — Parental Leave Rights
“Work by female personnel or pregnant persons is prohibited during the forty-five (45) days before childbirth and until forty-five (45) days after it.”
As a new father, you are not covered by this specific prohibition, which applies only to the birthing parent. Your employer's resistance may be based on this distinction, but you must seek other legal grounds for your parental leave.
What Scripture Says
God's Word on This
Proverbs 31:8-9 ()
“Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy.”
This scripture encourages standing up for justice and fairness, reminding us that advocating for one's legal rights is a way to uphold the dignity of the family unit.
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You Know the Law — But Do You Know What to Say?
Reading your rights is one thing. Using them under pressure — calmly, correctly, in the right words — is what actually protects you. Members get the scripted rebuttal for this exact situation: what to say first, what to say if they push back, the tone to use, and the constitutional provision to cite. Practise out loud with audio until it's automatic.