Now it is common for fathers to take some time off work after the birth of their child. Just as mothers have maternity leave, fathers are entitled to paternity leave to bond with their newborn child. Here is what new fathers need to know about California Paternity Leave Law.
California Paternity Leave Law
California was the first state in the US to pass a paid family leave program. However, there is not one specific paternity leave law. Instead, three laws deal with paternity leave rights in California.
- FMLA – The FMLA gives new parents 12 weeks of unpaid leave after the birth or adoption of a child. This law applies to companies that have at least 50 employees who work within a 75-mile radius. Also, the employee must have worked at the company for 12 months or longer and worked at least 1,250 hours in the past year.
- CFRA – This is like the FMLA but the state version of the law for California. It allows a few more rights for parents. Paternity leave laws are very similar to FMLA, though.
- The New Parent Leave Act – This 2017 law gives additional protections to working parents. Under this act, parents at companies with between 20 and 49 workers within 75 miles receive unpaid parental leave. Similar to FMLA, you must have been working at the company for more than 12 months and have worked at least 1,250 hours in the past year.
Are New Fathers Eligible For Parental Leave in California?
California companies are increasingly adding paid parental leave to their benefits package, but paid paternity leave is still not on the cards at many Californian employers. Instead, new fathers are using paid time off benefits in combination with their unpaid parental leave.
California’s SDI program could offer up to six weeks of paid paternity leave if you are eligible for the program. This gives new parents precious bonding time with their new child.
Should I Provide Notice For Taking Paternity Leave?
New fathers must provide reasonable notice to their employer of their intention to take family leave.
What constitutes reasonable notice?
It will depend on the circumstances and the company’s policy, but expectant parents should provide at least 30 days’ notice. Exceptions may be made in the case of emergency circumstances like extremely premature births with serious health issues. Employees should provide both verbal and written notice to the employer as soon as possible.
Your written notice should include:
-
- The reason for your leave (a brief explanation will suffice)
- The anticipated date of leave
- The anticipated duration of leave
Were You Wrongfully Denied Paternity Leave or Suffered Adverse Employment Actions Because You Took Paternity Leave?
If you requested California paternity leave and your employer wrongfully denied your request or if you suffered adverse employment actions because you took paternity leave, then you need to consult a California employment attorney immediately.
After the end of paternity leave, California workers must be reinstated in their previous position unless there is good cause. Employers cannot take adverse action in retaliation for an employee taking family leave. If there is restructuring that eliminates the employee’s previous position, then the company must find a comparable position for the worker.
California employees cannot be punished for taking family leave, whether maternity or paternity leave. If you believe you were punished for taking maternity leave, then contact Nakase Wade’s California employment lawyers to discuss your case.