Do fathers get paid paternity leave in California?

What Are California’s Paternity Leave Laws?

Paternity leave laws are complicated in many states, and California is no exception. Even though California’s progressive paternal leave laws lead the way, the paternity leave process frustrates many individuals.

Why is the parental leave process complicated? One reason for the complexity is that there is not one single law that dictates parental leave. Rather, various federal and state laws potentially apply to this process. As a result, when an individual seeks paternal leave but isn’t sure which law he should use to justify his needs, the situation grows quickly confusing.

Three fundamental federal and state laws may give new fathers paternal leave rights. These are:

• Family and Medical Leave Act (FMLA)

The FMLA, passed in 1993, is a federal law granting new parents a maximum of 12 weeks of unpaid leave. In addition, when parents give birth or adopt, they are covered under the FMLA.

However, the FMLA only applies to employers with 50 or more workers within a 75-mile area. In addition, the FMLA only applies to employees who worked 1250 hours in the last year and have worked at the company for at least a year.

• California Family Rights Act?

The California Family Rights Act (CFRA) is similar to the FMLA at the state level. There are some minimal differences, but overall the laws accomplish the same things.

• New Parent Leave Act?

California’s New Parent Leave Act (NPLA) broadens unpaid parental leave to businesses with between 20-49 employees within 75 miles of each other. This act covers those employees whom the CFRA or the FMLA does not protect.

To receive paternity leave under the NPLA, new fathers must have worked at their companies for over a year and recorded a minimum of 1250 hours. This act extended additional parental leave to over 2.5 million more employees in California, allowing more fathers to take valuable and deserved time off.

How long is paid paternity leave in California?

The CFRA provides new dads 12 weeks of paternity leave to bond with their children and helps their partner recuperate. To qualify, fathers must have worked for 12 months, minimum, and 1250 hours over the last year at their respective businesses. In terms of payments, eight weeks are covered partly through the State Paid Family Leave program, with four weeks being unpaid.

Do Individuals Have to Provide Notice for Paternal Leave?

New fathers should do their best to plan when contemplating the best course of leave. Both state and federal laws ask new fathers to provide reasonable warning of their desire to take leave. Sometimes, pregnancies are unplanned, so what is meant by reasonable notice?

The concept of reasonable notice depends on the individual case and is very subjective. However, most employers ask employees to provide at least a month’s notice regarding their plan to take leave. This notice allows the company to adapt to the loss of an employee and make other sensible adjustments to projects and schedules.

Most employers, though, are aware that there exist specific situations when it is difficult for fathers to provide much advance notice.

For example, suppose a child is born prematurely, and they have health problems. In that case, the father may need to take “emergency” family leave, effective immediately. Most California businesses will understand this extreme situation and agree to the fathers’ requests.

However, a consensus among employment dispute lawyers is that employees should provide notice to their employers early in the process. How should this notice be given?

When individuals give notice to their employers regarding paternity leave, they should make sure to:

• Write the request down. While some verbal requests are honored, especially in times of emergency, it is best to have solid written backing for the request.

• Include a brief note explaining why the individual is taking the leave, including circumstances and reasons

• Include the date the leave begins, how long the leave is expected to last, and the stopping point of the leave period

In California, most employers are accustomed to receiving these requests, and submitting the request should be no problem. Yet, it always makes sense to make the request as respectfully as possible and be as specific as possible. Sometimes, the duration or end date of the leave may change as time passes. When that occurs, employees should notify their employers as soon as possible.

Can an Employer Deny Paternity Leave in California?

While California has many state laws dealing with paternity leave, employer denials occur.

When an employee seeks paternity leave and is denied, they should contact an experienced attorney as soon as possible.

Denials can consist of:

• Employers refusing workers’ pay and benefits
• Employers refusing to grant leave
• Employers refusing to reinstate workers to their previous jobs after leave
• Other adverse actions

While paternity leave in California is sometimes unpaid, employers are lawfully barred from taking any negative actions against employees who request or use paternity leave.

For example, suppose a worker takes family leave and returns to find that their former position does not exist anymore due to company downsizing. In that case, the employer should find them a new position.

Since employers cannot legally penalize workers for taking family leave or paternity leave, employees must be vigilant about these actions and contact a lawyer immediately if this occurs.