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Should Male Athletes Get Pregnancy Leave?

USA Today has a story about a male college athlete who’s challenging the NCAA’s eligibility rules that allow female athletes a one-year extension of eligibility for pregnancy.

The NCAA’s pregnancy exception states a school “may approve a one-year extension of the five-year period of eligibility for a female student for reasons of pregnancy.”

Butler’s case is the first time the NCAA’s pregnancy exception has been challenged by a male student athlete, the NCAA said.

“The pregnancy exception is explicitly written for female students whose physical condition due to pregnancy prevents their participation in intercollegiate athletics, and therefore is not applicable in this case,” NCAA spokesman Erik Christianson said last week when USA TODAY asked about the Butler case.

Note: it’s not an extension based on caring for a child, it’s an extension based on the physical changes a female athlete’s body goes through during pregnancy, which of course affect her athletic performance. Neither male nor female athletes get extensions based on caring for a child.

So, really, it’s hard to see how Butler will be at all successful in his case, since the rule applies specifically to pregnancy. Male athletes can continue training and competing all throughout their wives’ or girlfriends’ pregnancies, as well as through caring for a new infant, with no diminution of the level of their performance. A pregnant sprinter isn’t going to be able to run as fast as she did pre-pregnancy.

Currently, the NCAA allows athletes five years to complete four years of eligibility. While in many sports, this allows student-athletes who are benched due to injuries to take a season off with no effect on the total number of seasons played — because in most collegiate sports, athletes begin playing in their freshman years — football is different. Freshman football players are routinely redshirted for the first year in order to give them time to develop a little more physicially and to allow them to do the kind of physical conditioning that will help them avoid injury at the college level. So they typically have no wiggle room in their college careers; if they’re benched for injury, they lose a season.

Butler’s case is a bit more convoluted, and runs into issues of eligibility that are completely unrelated to whether or not female athletes get an extra year to complete their four seasons:

Coming out of high school in Leawood, Kansas, Butler and his wife, Chantel, originally planned to attend Northwest Missouri State but once Chantel learned she was pregnant and once the Butlers found out the school did not allow children in their dorms, they chose colleges close to home and shared caretaking responsibilities for their daughter.

Butler’s five-year eligibility clock began in 2001 when he enrolled at the local campus of DeVry University, which didn’t have collegiate sports. His five years expired after last season even though Butler played just two seasons of college football, in 2005 for the Jayhawks and in 2003 for Avila University, an NAIA school.

So Butler’s real problem is not that he can’t get an extra year because the deck is stacked unfairly towards female athletes, but that the NCAA clock started ticking for him even though he was at a school that didn’t even offer athletics.

THAT is his problem. Frankly, I can’t gin up a whole lot of sympathy for his situation since he chose to attack female athletes rather than the actual rule that started the clock running for him and came back to bite him. Or the fact that neither male nor female athletes — who are, for all intents and purposes, revenue generators and thus employees — can take parental leave.

Experts for the National Women’s Law Center say if eligibility is extended for child rearing, it should extend equally to men and women. If eligibility is extended because of the physical effects of pregnancy, then that obviously only applies only to female athletes.

“If athletic programs allow women to be redshirted for a period of child raising, then that is treatment that should also be extended to male team members who take leave from school for the same reason,” said Jocelyn Samuels, National Women’s Law Center senior vice president. “As a matter of social policy, that is a direction that the NCAA may want to consider. As a matter of social policy, to ensure that people can fulfill both their academic and their parental responsibilities would be a good thing.”

Neena Chaudhry, senior counsel of the National Women’s Law Center added, “But I see why you would want a separate rule for an athlete who is actually pregnant and going through the physical demands of a pregnancy vs. a more general provision. Pregnancy does provide its own physical limitations. Women would automatically need more time.”

Via Broadsheet.


31 thoughts on Should Male Athletes Get Pregnancy Leave?

  1. I think that it is reasonable for Butler to ask for an extension on the basis of caring for a child. This should be provided for by the NCAA for any student athelete. The way he did it is the wrong way to approach the problem I am afraid.

    Though I am not sure why he needs another year? Does he have a good shot at Pros and need another year to develop his skills? Does he have a scholarship that requires he play?

  2. I agree with J swift. I think the better path for Butler to take would have been to seek to extend his eligibility on the grounds of child-rearing and try to expand rights for both men and women, not create a different set of rights for men and women.

  3. His kid was born in 2001, his freshman year. Had he gone to a school with an athletic program, he would have been redshirted that year anyhow (though he would still have had to attend practice and travel to games). Even still, his real problem was not that he took a year off to care for a child, but that he attended a school that didn’t offer athletics but was treated under NCAA eligibility rules as if he did.

    I doubt his challenge is going to get anywhere because of the specificity of the pregnancy rule. He would be better off challenging the rule that actually shortened his eligibility and also fighting for application of FMLA.

  4. He would be better off challenging the rule that actually shortened his eligibility and also fighting for application of FMLA.

    I think the FMLA approach would be a waste of time. No court in the country is going to hold that a football player is a covered employee.

  5. No, but they’re also not going to hold that a rule designed to cover pregnancy is going to apply to a male.

    Nonetheless, fighting for the application of FMLA, or a similar administrative rule, could be done at the NCAA level rather than in the courts.

  6. I’m really sick of people who think that providing leave or coverage for pregnancy constitutes sexism. I have never, in my life, heard someone say that prostate cancer shouldn’t be covered for insurance or leave purposes because it only happens to men, and yet I regularly hear people complain about pregnancy leave as sexist.

  7. I’m really sick of people who think that providing leave or coverage for pregnancy constitutes sexism. I have never, in my life, heard someone say that prostate cancer shouldn’t be covered for insurance or leave purposes because it only happens to men, and yet I regularly hear people complain about pregnancy leave as sexist.

    It is bullshit. But on the other hand, I believe in full equality in our pregnancy-related laws. Any man who gets pregnant should have every bit as much access to pregnancy-related services or concessions (including abortion, pre-natal care, so on) as a woman who gets pregnant.

  8. “I’m really sick of people who think that providing leave or coverage for pregnancy constitutes sexism. I have never, in my life, heard someone say that prostate cancer shouldn’t be covered for insurance or leave purposes because it only happens to men, and yet I regularly hear people complain about pregnancy leave as sexist.”

    The point is that pregnancy isn’t treated as just another illness (like breast or prostate cancer). You get special rights if you’re pregnant that you don’t get if you come down with other conditions. The reason’s all to do with sentimental attachment to natalism and motherhood and the miracle of childbirth and all that crap.

    As the National Women’s Law Center would have it: if you’re screwed over because of the physical effects of pregnancy, then you’re deserving of support, but if you’re screwed over because you want to be involved with raising your child, then you’re out of luck. Pregnant women are more important than you and should get rights you won’t have access to. If you get screwed then that’s just life and you should suck it up, but god forbid anyone should get screwed over because they were pregnant.

  9. By the by, men do get an equivilant of a pregnancy leave in the NCAA: if you’re injured and miss an entire season (or if your name is Jason White and you only played three games in each of two football seasons), you can apply for a medical redshirt and get a 6th year of eligibility.

    Of course, that doesn’t quite apply here, but men don’t really have grounds to complain about the pregnancy leave. It’s basically a medical redshirt.

  10. The point is that pregnancy isn’t treated as just another illness (like breast or prostate cancer). You get special rights if you’re pregnant that you don’t get if you come down with other conditions. The reason’s all to do with sentimental attachment to natalism and motherhood and the miracle of childbirth and all that crap.

    Absolutely why i am encouraged when anyone talks of extending the FMLA or other leaves for child raising to men as well as women. Which this attempted case, for what’s worth in the real sense, may at least draw some focus on the fact that women shouldn’t be the only ones taking time for the children a male and female produce.

    But the anti-FMLA league, you know the ones who want mom in the kitchen only, I think wring their hands and wriggle with hope for the end of the FMLA and all its attendent out shoots.

    Pregnancy is not a sickness by the way nik.

  11. I’m really sick of people who think that providing leave or coverage for pregnancy constitutes sexism. I have never, in my life, heard someone say that prostate cancer shouldn’t be covered for insurance or leave purposes because it only happens to men, and yet I regularly hear people complain about pregnancy leave as sexist.

    I agree. Pregnancy is a unique condition that men don’t have, and therefore must be treated accordingly. I don’t view it so much as a special privilege for women, but as just a society’s way of taking a step to ensure healthy children. Men can’t pretend that they have an equal part, physically, in the pregnancy process. That’s not sexism, just fact. Sexism would be saying that only women get pregnant because men are too wimpy or stupid, or something like negative like that.

    However, perhaps exceptions should be granted in a pregnancy with a complication where the mother is bedridden or something and the father is needed?

  12. Of course, that doesn’t quite apply here, but men don’t really have grounds to complain about the pregnancy leave. It’s basically a medical redshirt.

    Thanks. I was wondering if that was the case.

  13. Pregnancy is not a sickness by the way nik.

    It certainly is a medical condition, carrying with it risks and symptoms which would also appear with sicknesses. Not to mention the “parasite” argument for abortion.

    I’m not saying nik is right, I’m just saying dismissing the disease analogy is not 100% productive.

  14. The point is that pregnancy isn’t treated as just another illness (like breast or prostate cancer). You get special rights if you’re pregnant that you don’t get if you come down with other conditions. The reason’s all to do with sentimental attachment to natalism and motherhood and the miracle of childbirth and all that crap.

    Fuck off 100%.

    I agree. Pregnancy is a unique condition that men don’t have, and therefore must be treated accordingly.

    I will maintain, though, that I think any man who becomes pregnant should have access to any services a pregnant woman does. It’s only fair. 😉

  15. The point is that pregnancy isn’t treated as just another illness (like breast or prostate cancer).

    nik, you are correct. Temporary disability due to pregnancy isn’t treated like any other temporary disability. When I went into premature labor and was put on hospitalized bed rest, I asked for FMLA. My employer terminated me instead. Meanwhile, two men who had broken their arms on off-the-job accidents were given as much time as they needed to return. Pregnancy is singled out for special discrimination, not rights, nik.

    Prior to the Pregnancy Discrimination Act of 1978, it was almost required to fire employed pregnant women (it happened so often), and if not, to at least demote them. It still hasn’t stopped, but at least we have some laws to help protect us. Laws fought for and won by feminists who were interested in real on-the-ground, make a difference solutions. Those laws made and are making a difference; women are able to feed their families and keep a roof over their heads because of those laws. Not all of us, but a damn sight many more than before the laws were passed.

    And the reason pregnant women are singled out for the discrimination is because of those sappy myths about motherhood that you (and I) decry. Because women aren’t supposed to have our own lives once we become mothers. We are supposed to give up every single shred of ourselves. And for God’s sake (literally, in the view of some churches) , we aren’t supposed to earn our own living! Bah! The lives of real, flesh and blood mothers don’t resemble the myths—even the lives of women who are doing their damnedest to live up to those myths.

    I know you aren’t pro-motherhood. I understood that from the thread on Feministing, where you thought it was reasonable to give a pregnant female athlete the choice of “have an abortion and keep your scholarship, or continue the pregnancy and lose your scholarship.” That was a false choice, and so is the idea that any medical allowance for pregnancy is some sort of “special right” granted to the “good” women who get pregnant and give birth. Trust me, not all women who become mothers are viewed as “good women”. These sexist myths fall heavily on all of us, whether we choose to have kids or not.

  16. nik, you are correct. Temporary disability due to pregnancy isn’t treated like any other temporary disability. When I went into premature labor and was put on hospitalized bed rest, I asked for FMLA. My employer terminated me instead. Meanwhile, two men who had broken their arms on off-the-job accidents were given as much time as they needed to return. Pregnancy is singled out for special discrimination, not rights, nik.

    Lubu–Couldn’t you sue for that? I thought an employer couldn’t deny you FMLA provided you worked a year and are eligible. (Of course I’m assuming you could afford a lawyer–but even if not, that sounds like something that’s at least worthy of an HR claim of wrongful termination).

    Frightfully though, there exist plenty of men on FreeRepublic who believe that (even though they are pro-life) women should be expected to get abortions to keep their jobs, or should be fired upon announcing a pregnancy and therefore unable to support the child. Scares me for whenever I have to announce a PG to an employer, as i work in a Freeper-filled profession.

  17. La Lubu,

    The reason that pregnancy is treated differently from illness is that pregnancy is generally controllable. Certainly it’s 100% controllable if you’re middle-class or higher; those women can all afford abortions. While people choose to be pregnant, few people choose to break their arm, or choose to get cancer, or…

    Pregnancy is, in many respects, more similar to elective surgery. And most employers wouldn’t give you months off for an elective procedure.

    Of course, saying pregnancy IS controllable (it clearly is, in a medical sense) is one thing. But that doesn’t mean pregnancy MUST BE controlled, or even SHOULD BE controlled.

    And in that vein, I see absolutely no problem with government-mandated special privileges for pregnant women. Everyone benefits from them.

    So it’s great to say that pregnant women should not, egally, be forced to choose between pregnancy and a negative consequence. We would like the country to continue to exist, after all, and if nobody is pregnant that will be difficult. But I think it’s more than a little dishonest to claim the pregnancy doesn’t get you special protections/privileges, as it obviously does.

  18. Pregnancy isn’t always a choice. Even good little married women have unplanned pregnancies. Birth control fails, and access to abortion isn’t always guarenteed. It is not in the slightest bit similar to elective surgery.

    I have sympathy for this couple. It seems like an unplanned pregnancy really screwed up their career plans. I don’t agree that Butler deserves an extension under the current rules. I might agree that extensions should be granted to student atheletes based on child care. After all, non-athlete students can take a semester off without screwing their chances of graduating. Colleges also need to take into account the needs of married and other non-traditional students in their housing plans.

  19. Also, you could argue that sports injuries are controllable, and therefore shouldn’t get the athlete in question a medical redshirt.

  20. I will maintain, though, that I think any man who becomes pregnant should have access to any services a pregnant woman does. It’s only fair. 😉

    Fair enough. Kinda like how homosexual men have the same right to marry women that straight men do?

  21. Kinda like how homosexual men have the same right to marry women that straight men do?

    How about homosexual men have the same right to marry the person they love that straight men do?

    At least, that’s how I define marriage. Or are you looking to remove love from the equation?

  22. The reason that pregnancy is treated differently from illness is that pregnancy is generally controllable.

    So are broken arms or other injuries. With a little more care (and a little less beer), those guys who were given as much time as they needed could have easily avoided falling out of the tree stand and off the roof, respectively. Meanwhile, I was using birth control that failed. You could say that I should have had an abortion, but I didn’t want one. I would regard a medically unnecessary abortion on my own body to be every bit the violation that a rape would be. And it shouldn’t be up to anyone’s employer whether or not they should procreate.

    Pregnancy is, in many respects, more similar to elective surgery.

    Not at all. Many pregnancies are unplanned, and no pregnancy has the level of control that elective surgery does (unless you are talking about the choice to terminate). Pregnancies can be quite unpredictable from start to finish, unlike most any elective surgery. Luckily, most pregnancies don’t involve any medical complications, and most women don’t need time off before the birth.

    Let’s get real. When women were routinely getting fired for being pregnant, it wasn’t for any medical issue. It was because of the myths that “good mothers don’t work (for pay)” and “women who have kids just quit and stay home anyway”. I’m old enough to remember when the women’s magazines had comments in the “career advice” columns to not enough bother applying for jobs if you are visibly pregnant.

    But I think it’s more than a little dishonest to claim the pregnancy doesn’t get you special protections/privileges, as it obviously does.

    Come again? No Sailorman, you are being dishonest if you are claiming that there are laws that give pregnant women “extra” time off, or “extra” protection that is not extended for any other medical issue. What the Pregnancy Discrimination Act does is prohibit an employer from discriminating against a woman on the basis of her pregnancy. It provides her the same protection as others enjoy; that she will be treated the same as if she were not pregnant. That’s not a “special” right.

    Feel free to provide a link to the section of FMLA that provides more time off for pregnancy.

  23. Lubu–Couldn’t you sue for that?

    Only if I never wanted to work as an electrician again. Women who sue for sex discrimination are blacklisted—it only works in your favor if you work for a government entity. I work off a hiring hall book, and contractors have the right of refusal for any (or no) reason. I processed an FMLA claim through the Department of Labor and won; a much faster process which had the benefit of me retaining my health insurance (very necessary, since my daughter was a preemie. I would have been bankrupted without it.).

  24. Kinda like how homosexual men have the same right to marry women that straight men do?

    This may be sarcastic, but it’s also completely disingenuous. It’s the state of pregnancy and the state of marriage that are being compared, not the ability to become pregnant and the ability to marry.

    We can have laws that affect all pregnant individuals in the same way, regardless of how they became pregnant and why they became pregnant and who their partner is and who their embryo/fetus/baby/whatever is–they’re predicated solely on the fact that the person is pregnant. They don’t restrict the ability of someone to become pregnant in any way, shape, or form, nor do they try to control that pregnancy.

    Likewise, we should have have laws that affect all married people the same and don’t restrict the ability of anyone to become married or control that marriage.

    Of course, they really aren’t comparable at all, since pregnancy is a biological issue and marriage a purely social one, so the argument is 100% irrelevant. But I’m sure you knew that.

  25. OT & IMO/POV

    Marriage is just a legal contract. All romance aside, that’s what it is, plain and simple. All this hoopla over “marriage is sacred” is BS. Marriage is a contract, one that 50% of people who enter into it in the US break.

    All that other stuff, love, romance, etc… suddenly it’s more valid than before the contract? Again, I call BS. It’s all legal. Marriage was origionally created as a way to SELL women/girls (treating them like property instead of human beings, y’know)… so I guess you can see why I don’t have much awe or respect for its “sanctity”.

    Love is love with or without marriage, so all anyone really is arguing about when they argue for or against gay marriage is whether or not two consenting adults can enter into a legal contract…. um…. doesn’t it seem kinda preposterous that its even an issue?

  26. Marriage is a contract, one that 50% of people who enter into it in the US break.

    This is mostly a quibble, but they don’t break it. They withdraw from it.

  27. It is interesting to see so many pontificate and say, well, this law says this and that policy says that. How many of you are actually involved in the HR or disability industry? None of you have indicated any actual qualifications to comment on these issues.

    As a physician who has worked in the OB and disability industry for many years, I can say that pregnancy is indeed treated differently. Any woman who is covered by a disability policy, whether state or private (I admit I am not an expert on every policy in every state), gets an automatic presumption of disability and gets a check. This usually begins about 2 weeks before the delivery date (but not always) and generally extends at least 6 weeks post partum.

    There is no medical reason for 6 weeks post partum. I know, I know, we can all tell the story about our sister or cousin or co-worker who had this or that complication. That’s not what I’m talking about. I’m talking about your run-of-the-mill pregnancy, routine delivery and uncomplicated post-partum period. Even a c-section shouldn’t require 6 weeks to recovery.

    We women should be honest enough to admit that the reality is that the presumed 6 weeks is for childcare and bonding.

    I don’t agree that this is “sentimental crap” but it is also a false argument to compare it to prostate cancer.

  28. I also meant to say that men should get the same breaks women get for child care. Again, we argue that men should be equal to us in regards to child care and working in the home, but don’t admit that they should get the same opportunity to bond that we get.

    That said, I agree with most of what has been said her about that athlete. He is completely wrong.

  29. Nobody said that men shouldn’t get the same breaks for childcare that we give women. The issue is whether or not they should be given the same breaks with reference to pregnancy. Female athletes are given extentions because they can’t easily physically compete while pregnant, not because the baby’s crying keeps them awake and leaves them too tired to train. Guys are whining that women are getting special privleges because obviously it’s a sweet deal to have to go through the upheaval of pregnancy, looking on it as some sort of happy vacation from work that they should also get to enjoy, of course without any form of accompanying physical trauma. it’s ludicrous.

  30. How many of you are actually involved in the HR or disability industry? None of you have indicated any actual qualifications to comment on these issues.

    I’m a union steward. I am familiar with the federal and state laws relevant to this issue and with the ins-and-outs of the health care plan for my Local (27 Locals are covered under that plan). Since you claim to be such an expert, again—cite just one law, anywhere, that mandates more time off for pregnancy than for any other medical condition. That “six weeks” you are citing isn’t specified in any law—it is a health-care industry standard. Many women in the U.S. aren’t covered by a health care plan, so they aren’t getting any six weeks of anything. The FMLA mandates 12 weeks per year of unpaid leave for those who qualify—but that is for any medical leave (for yourself or a family member) or adoption of a child (for which both men and women qualify). Again, where is the “special” pregnancy benefits?

    But funny that you, a physician, claim that six weeks, even after a c-section, is too much leave. From what I’ve seen, six weeks seems to be the health-care industry standard for a lot of injuries (particularly those requiring a cast and/or crutches). Are you saying that I was perfectly physically fit to return to construction work two or three weeks after my classic “C”? (“oh no, Lubu—but that’s a exception. Women who work construction are rare.”) Well, what about waitresses, baristas, nurses, physical therapists, store clerks, custodians/janitors, housekeepers, packing-house workers, etc.? There are all kinds of women working long hours on their feet, and/or lifting significant weight. Believe it or not, there’s a hell of a lot of women who don’t have a sedentary job.

    I call bullshit. I’ve heard this complaint before, about how women who don’t return to work a week after pregnancy are “milking the system”. I’ve even heard it in the form of “back in the old days, you people (can be used for various ethnicites; it’s been used against me, a Sicilian) would just drop a kid right out in the field, and go back to work right there! Women were women, then!” I have yet to hear one peep about anyone with a badly sprained ankle taking six weeks off, even if they have a desk job (because the daily commute would be too grueling). Bah.

    And I’ve never heard of a woman getting disability pay prior to delivery. Cite some proof, please. I also sit on the Trades and Labor council here, which covers everybody (many unions), even the folks with the cushy desk jobs ;-). None of those locals have plans that start the disability pay before an actual disability occurs, either (I asked—I wanted to know what other union women were dealing with).

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