What is paternity leave?

Paternity leave is an employee benefit where a new father is given a period of several weeks or months to stay home from work to bond with a newborn child. 

By Brad Nakase, Attorney

Email  |  Call (800) 484-4610

Get Smarter. Search FAQs.

What is paternity leave?

Paternity leave law is an employee benefit granted to fathers of a newborn child which ensures a period of weeks or months where a new father is allowed to be away from his job so that he can spend time with his new baby.

In California, paternity leave is governed by three primary laws: the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the New Parent Leave Act (NPLA). Also, the Paid Family Leave (PFL) provides benefit payments to parents who need to take time off work to bond with a newborn child. Each of these paternal leave laws plays a crucial role in providing eligible employees with the necessary time off to bond with their newborn or newly adopted children while ensuring job protection during their leave period. Companies that violate paternal leave law should contact an employment dispute attorney for legal advice.

Let’s dig into the specifics paternity leave law and the benefits they offer to eligible individuals:

Family and Medical Leave Act (FMLA):

The FMLA is a federal law that applies to eligible employees across the United States, including those in California. Under the FMLA, eligible employees are entitled to take up to 12 weeks of unpaid leave during a 12-month period for specific qualifying reasons, including the birth or adoption of a child. Paternal leave can be taken consecutively or intermittently, allowing for flexibility in managing family responsibilities.

Eligibility for FMLA  Paternity Leave in California:

  • The employee must work for a covered employer, which includes private companies with 50 or more employees within a 75-mile radius and public agencies.
  • The employee must have worked for the covered employer for at least 12 months, which need not be consecutive, prior to the start of the FMLA leave.
  • The employee must have worked at least 1,250 hours during the 12-month period immediately preceding the start of the FMLA leave.
  • The employee must work at a location where the employer has at least 50 employees within a 75-mile radius.

California Family Rights Act (CFRA):

The CFRA is a state law in California that provides paternity leave benefits to employees who are eligible for FMLA leave. It covers many of the same qualifying reasons as the FMLA, including bonding with a newborn or newly adopted child, as well as caring for a family member with a serious health condition. The key difference between the CFRA and FMLA is that the CFRA extends the coverage to employers with as few as five employees.

Eligibility for CFRA Paternity Leave in California:

  • The employee must work for a covered employer with five or more employees.
  • The employee must have worked for the covered employer for at least 12 months, which need not be consecutive, prior to the start of the CFRA leave.
  • The employee must have worked at least 1,250 hours during the 12-month period immediately preceding the start of the CFRA leave.

New Parent Leave Act (NPLA):

The New Parent Leave Act is a California-specific law that extends the right to paternity leave to employees working for smaller employers not covered by FMLA and CFRA. The NPLA allows eligible employees to take up to 12 weeks of unpaid leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement.

Eligibility for New Parent Leave Act in California:

  • The employee must work for a covered employer with 20 to 49 employees.
  • The employee must have worked for the covered employer for at least 12 months, and at least 1,250 hours during the 12-month period immediately preceding the start of the NPLA leave.

It is important to note that while FMLA, CFRA, and NPLA provide unpaid paternity leave, employees may have the option to use accrued vacation days, sick leave, or other paid time off during their paternity leave to receive compensation during their absence.

To sum up, these three primary paternity leave laws in California – FMLA, CFRA, and the New Parent Leave Act – are instrumental in supporting working parents, ensuring they have the necessary time to bond with their children without the fear of job loss. By catering to employees in both large and small businesses, California sets a strong precedent for other states, championing the importance of work-life balance and family well-being.

Paternal Leave Eligibility Requirement

To be eligible for PFL paternity leave benefits in California, fathers must meet the following requirements:

  • The father must have earned a minimum amount in wages during a specified base period, which is generally determined by their recent employment history.
  • The father must have paid into the SDI program through payroll deductions, either as part of their current employment or a recent job.

It is worth noting that more and more companies in California are voluntarily offering paid paternity leave as part of their employee benefits package. As employers recognize the value of supporting work-life balance and family bonding, offering paid paternity leave has become a valuable tool for attracting and retaining talent while fostering a positive work culture.

In addition, for employees whose employers do not offer paid paternity leave or who may not meet the eligibility criteria for the PFL program, they may still be eligible to receive SDI benefits if they need time off to bond with their child. SDI benefits are accessible to individuals who meet the eligibility requirements, regardless of whether their employer provides paid leave.

In conclusion, while there is no mandatory paid paternity leave in California, fathers in the state can access paid paternity leave through the Paid Family Leave program, which provides partial wage replacement during their time off to bond with their child. Moreover, the growing trend of companies offering paid paternity leave demonstrates a positive shift in acknowledging the significance of supporting working parents. Even for those whose employers do not offer this benefit, the SDI program remains an option for wage replacement during their paternity leave. The continued emphasis on work-life balance and family support in California exemplifies the state’s commitment to creating a more family-friendly and inclusive work environment.

How long do fathers get for paternity leave in California

Paternity leave in California under the California Family Rights Act (CFRA) allows eligible employees to take up to 12 weeks of unpaid leave within a 12-month period. This leave can be taken for specific qualifying reasons, including bonding with a newborn child or newly adopted child, or to care for a family member with a serious health condition.

To be eligible for paternity leave under the CFRA in California, an employee must meet the following qualifications:

  1. Employment Duration: The employee must have worked for the covered employer for at least 12 months. The 12 months of employment need not be consecutive, but the total time spent with the employer should be at least 12 months.
  1. Hours Worked: The employee must have worked at least 1,250 hours during the 12-month period immediately preceding the start of the CFRA leave. These hours can include regular work hours, overtime, and some types of paid time off.
  1. Covered Employer: The CFRA applies to employers with five or more employees. The employer can be a private company or a public agency.
  1. Qualified Reason: The employee must take the paternity leave for a qualifying reason, such as bonding with a new child within one year of the child’s birth or placement through adoption or foster care.

Under the CFRA, the 12 weeks of paternity leave are unpaid, but eligible employees can still access paid benefits through the Paid Family Leave (PFL) program, a component of the State Disability Insurance (SDI) program. Through the PFL program, eligible employees can receive partial wage replacement during their paternity leave to bond with their child.

Do you need to provide notice before taking paternity leave?

Providing reasonable notice before taking paternity leave is a responsible and courteous approach that allows employers to plan for the temporary absence of an employee and ensures a smoother transition during the leave period. Although the specific notice requirements may vary based on company policies and applicable laws, the following are some general guidelines on how to provide reasonable notice for paternity leave:

  1. Timing of Notice: Ideally, inform your employer of your intention to take paternity leave as soon as possible after you become aware of the need for the leave. This early notice will give your employer adequate time to make necessary arrangements for your absence.

  2. Company Policy: Review your company’s employee handbook or policy manual to understand the specific notice requirements for paternity leave. Some companies may have a designated time frame for providing notice, such as 30 days in advance of the leave start date.

  3. Written Notice: Submit your notice of paternity leave in writing to ensure clarity and avoid any miscommunication. An email or formal letter addressed to your supervisor or the human resources department is typically sufficient.

  4. Duration of Leave: Clearly state the duration of the paternity leave you plan to take. Mention the start date and the expected date of return to work. If you are uncertain about the exact duration, provide an estimated time frame and keep your employer informed of any changes.

  5. Reason for Leave: While it is not always necessary to disclose the specific reason for your paternity leave, you can mention that it is for bonding with your new child following birth, adoption, or foster care placement.

  6. Intention to Use Paid Leave: If you intend to use any accrued paid time off (ex: vacation days, sick leave) during your paternity leave, specify this in your notice.

  7. Contact Information: Ensure that your employer knows how to contact you during your paternity leave in case of any urgent matters or emergencies that may require your attention.

  8. Legal Requirements: Familiarize yourself with any legal requirements regarding notice for paternity leave in your region. In some cases, specific laws may mandate a certain amount of notice before taking leave.

  9. Be Professional and Polite: Keep the tone of your notice professional and respectful. Express gratitude for the understanding and support of your employer during this time.

Open communication with your employer is crucial when requesting paternity leave. Providing reasonable notice and following company procedures will help create a positive and cooperative atmosphere during your absence and will likely be appreciated by your employer.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment

Most recent blogs:

What is Supplemental Pay

What Is Supplemental Pay? Types, Examples, and Tax Rules

Supplemental pay includes bonuses, commissions, and other wages beyond regular pay. See how tax withholding methods and payroll reporting work.
On-call For Work Laws

On-Call Pay Laws in California: Employee Rights and Employer Obligations

Do you get paid for being on call in California? This guide covers on-call pay laws, employer control, employee rights, and unpaid wage claims.
What happens if you get caught lying on unemployment

What Happens If You Get Caught Lying on Unemployment in California?

Lying on unemployment in California can lead to repayment, fines, and jail time. This guide covers EDD fraud investigations, penalties, and possible legal defenses.
How many hours is considered part-time work

How Many Hours Is a Part Time Job in California?

How many hours is a part-time job in California? This guide covers work schedules, health benefits, sick leave, overtime, and breaks.
What Does It Mean if Medical Expenses Are Pre-Tax

What Does Medical Pre-Tax Mean?

What does medical pre-tax mean? This guide covers health deductions, tax savings, W-2 reporting, and differences between pre-tax and after-tax medical costs.
Difference between Paid Time Off PTO vs Accrual Paid Sick Leave

PTO vs Sick Time in California: Rules, Accrual, and Payouts

Compare PTO vs sick time in California, including accrual, carryover, and payout rules. See how combined leave banks affect employer costs and policy compliance.
Job Enrichment- Definition, Benefits, and Implementation strategies

Job Enrichment: Definition, Benefits, and Implementation Strategies

Job enrichment adds autonomy and responsibility to make work more rewarding. See its benefits, drawbacks, examples, and implementation strategies.
Gainsharing- Boosting Team Performance and Profits

Gainsharing: Boosting Team Performance and Profits

Gainsharing rewards employees for team improvements in productivity and cost savings. See how performance metrics, shared bonuses, and employee involvement shape programs.
Functional Conflict- Driving Team Success

Functional Conflict: Driving Team Success

Functional conflict supports teamwork, creativity, and collaborative problem-solving. See how open communication and early conflict resolution help teams address workplace disagreements constructively.
Job Characteristics Model

Job Characteristics Model: Definition, Core Characteristics, and Examples

The Job Characteristics Model explains how skill variety, task identity, task significance, autonomy, and feedback influence employee motivation and performance. See practical examples of how job design can improve satisfaction, engagement, productivity, and workplace outcomes across different roles.
Checklist for How to Fire an Employee in California

California Employee Termination Checklist: How to Fire an Employee and Follow Termination Laws

California employee termination checklist covers final paychecks, required notices, benefits, WARN rules, and lawful steps for firing employees. Follow California termination laws to reduce legal risks and manage employee dismissals with consistent documentation, payroll, benefits, and access procedures.
Constructive Discharge California

Constructive Discharge in California: Examples and Rights

Constructive discharge in California occurs when intolerable working conditions effectively force an employee to resign. See common examples, employee rights, proof requirements, resignation considerations, and deadlines for pursuing a constructive discharge claim.
What Does Basic Pay Mean - Base Pay Explained

What Does Basic Pay Mean? Base Pay Explained

Basic pay is your regular salary or hourly wage before extra compensation. See how base pay is calculated and differs from gross pay.
9 Box Talent Review- Learn How to Create A 9 Box Grid

9 Box Grid Review: Learn How to Create A 9 Box Grid

The 9-box grid helps assess employee performance and potential for talent management, development, and succession planning. Follow practical steps for creating, calibrating, and using a nine-box talent review.
Reasons For Unemployment Denial

Reasons for Unemployment Denial in California

California unemployment denial can result from misconduct, voluntary quitting, fraud, insufficient earnings, or failure to meet work-search requirements. Review EDD eligibility rules, appeal deadlines, benefit penalties, severance considerations, and exceptions for school employees and striking workers.
What Is Unpaid Time Off and How To Create A Company Policy For It

What Is Unpaid Time Off and How To Create A Company Policy For It

Unpaid time off lets employees take approved leave without pay for personal, medical, or other eligible reasons. See how to create a company unpaid time off policy covering eligibility, requests, benefits, leave limits, and employee returns.
What Are Pretax Deductions Types and Benefits

What Are Pretax Deductions? Types and Benefits

Pretax deductions reduce taxable wages by subtracting eligible benefit costs from employee pay before taxes are calculated. Find common deduction types, contribution limits, tax savings, and rules for health plans, retirement accounts, dependent care, and commuting benefits.
What Does HR Do

What Does HR Do? Key Functions and Roles

HR manages hiring, training, performance, compensation, employee relations, workplace safety, and workforce planning to support organizational success. This article covers essential HR roles, including recruitment, career development, payroll, employee well-being, communication, and administrative responsibilities.
WARN Act CA (Mass Layoff Protection for Workers)

WARN Act CA (Mass Layoff Protection for Workers)

California WARN Act protections require covered employers to give 60 days’ notice before mass layoffs, relocations, or plant closures. Affected workers may recover back pay, lost benefits, medical costs, civil penalties, and attorney’s fees when notice requirements are violated.
Meal Penalties in California

California Meal Penalty: What Employers Need to Know

California meal penalty rules can cost employers one hour of pay for each missed, short, or noncompliant meal break. This guide covers waiver rules, premium pay calculations, compliance mistakes, and industry-specific challenges under California meal break law.
What Are the Different Types of Toxic Coworkers

What Are the Different Types of Toxic Coworkers?

Identify common toxic coworker types, including bullies, slackers, pessimists, volatile employees, and overworked martyrs. See practical ways leaders can address harmful behavior, protect morale, and build a healthier workplace culture.
Workplace Bullying Law in California

Workplace Bullying Law in California

California workplace bullying may become illegal when tied to protected characteristics, harassment, discrimination, retaliation, or severe hostile conduct. Employees may pursue complaints, compensation, reinstatement, and legal action when employers fail to prevent or correct unlawful behavior.

How Much Can You Sue an Employer for Misclassification?

California workers may sue employers for misclassification to recover unpaid wages, penalties, expenses, and damages tied to workplace violations. Compensation can range from thousands to millions, depending on duration, affected employees, retaliation, and class action claims.
What is the difference between disparate treatment and disparate impact

What is the Difference between Disparate Impact and Disparate Treatment?

Compare disparate impact and disparate treatment, including intent, evidence, EEOC concerns, workplace examples, and hiring compliance risks. Employers can reduce discrimination claims through consistent policies, bias training, regular audits, and proper documentation.
Short Term Disability What Is It & How Does It Work

Short Term Disability: What Is It & How Does It Work?

California short-term disability insurance offers wage replacement for eligible workers facing illness, injury, pregnancy, or childbirth. See SDI payments, filing deadlines, paid family leave rules, and pregnancy disability protections in California.
Onboarding Paperwork Checklist

Onboarding Paperwork Checklist: Key Documents Every Employer Needs for New Hires

Use this onboarding paperwork checklist to manage employment forms, tax records, payroll details, benefits materials, and compliance documents. Keep new-hire records accurate, organized, and ready for HR review, payroll setup, and compliance audits.
What Does FEHA Stand For

What does FEHA stand for in California?

FEHA stands for California's Fair Employment and Housing Act, which protects workers from discrimination, harassment, and retaliation. This guide covers protected classes, disability accommodations, employer duties, complaint options, deadlines, and possible damages.
Understanding Incentive Pay- Definition, Types, and Benefits Explained

Understanding Incentive Pay: Definition, Types, and Benefits Explained

Incentive pay rewards employees for reaching performance goals through cash, commissions, bonuses, profit sharing, stock options, or flexible schedules. This guide covers common incentive pay types, workplace benefits, and practical examples for motivating teams and improving results.
What is Employment Status

What does Employment Status mean?

Employment status defines a worker’s role, schedule, benefits, and legal responsibilities for both employers and employees. This guide covers full-time, part-time, temporary, seasonal, IRS rules, Medicare rules, and global work classifications.
California Drug Testing Laws

California Drug Testing Laws: Employee Rights and Employer Rules

California drug testing laws shape employee privacy, cannabis screening, pre-employment checks, and employer workplace testing limits. Review rules for random testing, reasonable suspicion, rehabilitation, transportation, and drug-free workplace policies.

Free Consultation