[pns]

While some gap in paid maternity vs paternity leave is permissible as women uniquely have to recover from a childbirth (considered short-term disability), courts have found 6-weeks as the typical recovery time and thus the typical allowed difference in maternity/paternity leave duration [1]. Nvidia's clearly understands this issue - adoptive and foster parents parents receive the same leave as paternity (no disability for these groups of course).

How are they've overcoming the legal issues around offering a 10-week difference in maternity/paternity leave?

[1] http://www.nytimes.com/2015/09/16/business/attitudes-shift-o...

[serge2k]

Why would there be legal issues? Don't they have no obligation to do anything beyond the FMLA?

[pns]

It's a legal issue because courts have previously interpreted large differences (i.e. beyond recovery time) in _paid_ maternity vs paternity leave as a gender discrimination issue. See linked NYT article above

One example from the article: "Just last week, CNN and Turner Broadcasting quietly settled an Equal Employment Opportunity Commission charge with a former CNN correspondent, Josh Levs, who claimed that the company’s paid parental leave policy discriminated against biological fathers.

At the time Mr. Levs’s daughter was born, in October 2013, CNN offered 10 weeks of paid leave to biological mothers and the same amount to parents of either gender who adopted children or relied on surrogates. By contrast, the company offered two weeks of paid leave to biological fathers."