If your employer has wrongfully denied you paternity leave in California, contact attorney Theo Khachaturian today at (818) 844-5200 or contact us about your case.
Paternity leave is not just for mothers. If you are a new father in Southern California, you may be eligible for job-protected paternity leave — and potentially even paid benefits.
The structure of American society has changed dramatically over the last several decades.
A greater percentage of fathers are now taking off time from work to care for and bond with their newborn children.
According to the United States Department of Labor, 90 percent of fathers take off at least some time from work, and 30 percent of fathers take off two weeks or more.
The laws have changed as well.
Our pregnancy discrimination attorneys highlight some of the most important things new fathers need to know about their right to take paternity leave in California.
Paternity leave in California typically ranges from 6 to 8 weeks, and it may include paid benefits. Specific details can vary depending on the employer and the employee’s individual circumstances.
If you have questions, please contact us online or call (818) 844-5200 today.
Contents hideCalifornia’s paternity leave law is complex. While our state has long been on the cutting edge of parental leave — California was the first U.S. state to pass a paid family leave program — navigating the paternity leave process can be confusing and challenging.
A part of the reason for this is that there is not one ‘paternity leave law’.
Indeed, there are several different state and federal labor laws that could potentially grant a worker the right to take paternity leave.
More specifically, there are three primary laws that provide paternity leave rights to new fathers in California:
Passed into law in 1993, the Family and Medical Leave Act (FMLA) is a federal law that grants new parents up to 12 weeks of unpaid leave. The birth or adoption of a child qualifies for family leave under the FMLA.
However, this law only applies to companies with 50 or more employees who are within a radius of 75 miles.
In addition, it applies to workers who have been employed for at least 12 months and worked at least 1,250 hours over the most recent year.
The California Family Rights Act (CFRA) is California’s state-level version of the FMLA. Though there are some differences, for the purposes of paternity leave, the two laws are broadly similar.
Finally, the paternity leave California 2017 reforms extended the protections to many more workers in the state.
California’s New Parent Leave Act extends unpaid parental leave to employees at companies that have between 20 and 49 workers within 75 miles. These are workers who are not covered by the FMLA or by the CFRA.
To be eligible for paternity leave under this law, you must have been employed for more than 12 months and worked for at least 1,250 hours in the last year.
Building on existing law, it is estimated that this reform extended parental leave California protections to nearly 3 million more California workers.
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Yes, There is a Version of Maternity Leave in California for Fathers –
Our California employment law attorneys have experience helping fathers dealing with maternity leave laws in California and understand the laws in order to take parental leave.
While more and more companies are voluntarily offering paid parental leave as part of their overall compensation package — Bloomberg reports that the number of companies offering paid parental leave is at a record high.
Many employers in California do not offer fathers paid paternity leave through their employer.
Though, if you choose to do so, you can generally collect your paid time off benefits while taking leave.
Further, California does have a state-level paid parental leave program. As noted by the Employment Development Department (EDD), workers may be eligible for paid family leave benefits through California’s State Disability Insurance (SDI) program.
This program offers bonding time for new parents. Indeed, up to six weeks paid paternity leave may be covered by the fund.
California’s paternity leave policy allows new fathers to take up to 12 weeks of unpaid, job-protected leave. This benefit extends to biological fathers, male partners of pregnant individuals, surrogate fathers, adoptive fathers, and foster fathers.
You must have worked at your employer for at least one year and 1,250 hours for this to apply. Additionally, 8 of these weeks are partially covered through the State Paid Family Leave program, while the other 4 weeks may be unpaid.
When taking paternity leave in California, it is best to plan ahead. Under state and federal law, new fathers have a duty to provide reasonable notice of their intent to take baby bonding or family leave.
It depends entirely on the circumstances of the case. Generally, you should try to give notice at least 30 days in advance of your plans to take parental leave.
However, there are certain situations in which it may be acceptable to give very little advanced notice to your employer.
For example, if an infant was born 60 days prematurely, and they have a serious health issue, it is entirely understandable that a father may need to exercise their right to take family leave on an emergency basis, without being able to provide much warning to their California employer.
For workers, it is advisable to try to provide notice as early as possible. While you can give notice verbally to your supervisor, it is always a good idea to put it into writing.
Within your written notice, you should:
For a free confidential review of your employment law case, please contact our California employment lawyers online or call (818) 844-5200.
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Our California employment law attorneys have experience helping fathers dealing with maternity leave laws in California and understand the laws in order to take parental leave.
If you sought California paternity leave, and you believe that you were improperly denied paternity leave, you were wrongly denied pay/benefits, or you suffered an adverse employment action as a result of exercising your right to take paternity leave, it is imperative that you consult with a California employment lawyer immediately.
California workers generally have the right to be reinstated at their previous position after their paternity leave ends.
Though California paternity leave may be unpaid in many cases, covered employers are legally prohibited from taking any adverse employment action against workers who use family leave.
Even if a position was eliminated in some type of corporate restructuring, the company must take proactive steps to find the worker a comparable position.
The bottom line: California employers cannot punish employees for taking family leave, including paternity leave.
If you were punished or suffered any type of adverse employment action, a Los Angeles retaliation and wrongful termination lawyer can help.
At Workplace Rights Law Group LLP, our Los Angeles employment lawyers are committed to offering California workers the same sophisticated legal representation that major companies get from the biggest law firms.
We have extensive experience handling cases related to California’s paternity leave laws.
To schedule a free, fully confidential review of your employment law case, please contact our law firm online or call (818) 844-5200 today.
With offices in Riverside and Glendale, we serve communities throughout Southern California, including in Los Angeles County, San Bernardino County, Ventura County, Orange County, and Riverside County.
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Theo is a trial & appellate lawyer whose practice has emphasized wage-and-hour class actions, business disputes, wrongful termination, discrimination, harassment, and intellectual property theft. He has tried civil cases and argued before various California Courts of Appeal.
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