Devjani Mishra Quoted in CNET Networks' BNET.com
"Parental Leave, Parental Return"

New York-based partner in the Labor and Employment Practice Group, Devjani Mishra, discusses the scope and limitations of parental leave laws for male and female employees in CNET Networks' BNET, the network's 'go-to place for management.' In the article, Devjani counsels, "If you're having disciplinary problems and the employee gets pregnant, that's not an automatic protection for her against disciplinary action." The article goes on to explain that if a company denies a promotion to a pregnant applicant and can show a sound business reason that applies equally to a non-pregnant applicant then claims of discrimination won't fly. Devjani also sets the legal landscape for men in the article, noting that discrimination laws have emerged around their right to take a leave of absence. "In various states, such as New York and California, there are laws ensuring that an employer can't create a benefit to employees that appears to be limited based on gender.… However, I will tell you that anecdotally, I've yet to see any men in my own office taking full advantage of our policy of four weeks' paid leave," she says in the article . "It's a corporate culture thing; there seems to be a mentality of, 'You didn't do anything, so get back to work.' It will be interesting over the next ten years to see if men begin to avail themselves of those benefits." In short, Devjani advises employees to know their rights and set expectations at their workplace: "You're entitled to take this time and your employer is not supposed to retaliate against you for doing so."