Paid and Unpaid Paternity Leave for New Fathers

We have often written about maternity leave and the protections that women get for pregnancy, and any complications related to pregnancy.  But fathers actually have rights as well. Both Federal and California law provide paternity leave rights to fathers of newborn children—rights that employers must provide.

Requirements for Paternity Leave.

You obviously need to have a newborn child, but that child does not have to be a biological child. Adopted children, new foster children taken in by the home, or surrogate fathers all are covered under paternity laws.

To get protections under the law, your employer must have at least 5 employees and you must have been at your job for a year. You also must be a full time worker, calculated at having worked at least 1,250 hours in the previous 12 months.

The California Family Rights Act, commonly known as CFRA, allows you  up to 12 weeks of unpaid leave for eligible employees to bond with a new child.  And,  while that time doesn’t have to all be taken at once, it does have to be taken within a year of the child’s birth or adoption. An employer can require that you take time off in blocks of 2 weeks.

Keeping Your Job

Although paternity leave is unpaid,  you cannot lose your job while you are out on leave. Your employer must keep your job for you, but keep in mind that when you return, your employer doesn’t have to hold your exact job position waiting for you, so long as you keep the same status, pay, benefits, conditions, and location that you had before taking the leave.

If for some reason your former job position no longer exists, such as company downsizing or restructuring, your employer must find a comparable job position for you.

Getting Paid While on Leave

In some cases, workers can receive a portion of their regular salary if they qualify for leave under a separate law, California’s Paid Family leave laws.   However, eligibility requirements are strict.  You are eligible for PFL payments if you have welcomed a new child into your famiy in the past 12 months through birth; paid into State Disability Insurance in the past 5-18 months, and have not taken the maximum 8 weeks of PFL in the past 12 months. Additionally, the Paid Family Leave Act only covers 8 weeks of paternity leave from work.

You do have the option of using whatever paid time off your employer may offer for paternity leave, if you have concern about not being paid during the time that you are out on paternity leave. You can also use your paid time off, given by your employer, to cover the difference of whatever California’s Paid Family leave doesn’t pay you.

What if Your Employer Doesn’t Comply?

Not only must your employer provide you these rights but should your employer try to retaliate against you for taking paternity leave, workers can file retaliation claims.

You should give your employer 30 days notice of your intention to take paternity leave, although in situations where that isn’t possible, such as an unexpected premature birth, that requirement can be waived.

Contact the San Jose employment attorneys at the Costanzo Law Firm today if you are a new father, and feel your employer is not treating you fairly or giving you the time you need to take care of or bind with your newborn child.

Sources:

edd.ca.gov/en/disability/paid-family-leave/fathers/

nolo.com/legal-encyclopedia/maternity-and-paternity-leave-in-california.html