The Case for Mandatory Paternity Leave

-- By MichaelBerkovits - 05 Apr 2008

Introduction

• Some invidious sexism still exists
• Besides addressing that, though, we need to address selection criteria that are perfectly rational and legitimate and not intended to be proxies for sex, yet nevertheless have sex-disparate effects ** We still live in a society where a much greater proportion of women than men interrupt their careers for children; this is true even among high-achieving women
• We have been making strides: * Maternity leave (prevents employers from firing female employees simply for taking time off to have children) - but this still perpetuates the notion that it is women who take time off * Mandatory maternity leave - this turns a benefit offered by some firms into one required by society ** Paternity leave (recognizes that males may want to take time off for their children to, or alternately, recognizes that males may be better situated to do so (maybe the female is the higher earner or the one with the job requiring more continuity), or alternately, recognizes that involves fathers create better-raised children and hence is a good thing for society

Should employers be required to offer paternity leave?

• Right now, women might not enter certain powerful careers because of the prospect of interrupting their careers to have children, and certain employers are less likely to hire women because of the career-interrupting potential of children ** Encouraging more men to take paternity leave would mitigate that risk
• There are certainly downsides: * Government would have to help fund * It would encourage more people to take off work and hence decrease productivity
• There are also some upsides: * It might create happier, less resentful employees, more well-slept employees (this would increase productivity) * Good for society in that more kids are raised by both their parents rather than just one

Should paternity leave be mandatory?

• There are two senses of the word mandatory in this context: * Should a couple opting into the parental leave system be required to split time equally between the mother and the father? ** Current Swedish system, and Swedish proposals... * Should parents be required to take a leave of absence from work? ** This is a massive intrusion into people's private lives and freedom of contract * Harrison Bergeron objection * Optional paid paternity leave is enough incentive; who would want to work while still getting paid? ** But potential to lose out on promotions ** Even if it is illegal to discriminate based on who opted into the parental leave system, there would be no way to police that