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Posted on January 7, 2024 | By Omid Nosrati | Employment Law
Welcoming a new child into your family is a major life event that often requires some time off from work. Thankfully, there are California state laws in place to ensure that new fathers are protected during this time period so that they don’t have to fear the prospect of losing employment benefits while caring for a new child. If you are unsure of what your rights are as a new father, contact a trusted California paternity lawyer.
Nosratilaw, A Professional Law Corporation, can help you navigate the uncertain waters of fatherhood and gain a clear understanding of your rights as a protected employee.
Paternity leave is defined as a form of job leave that allows new fathers to take time away from work to care for their newborn child and their partner and participate in the early development of their child. The California Family Rights Act (CFRA) states that new fathers can take 12 weeks of unpaid paternity leave.
To qualify for paternity leave in California, you must satisfy the following criteria:
A reminder that although your job is protected during paternity leave, it is usually unpaid. However, California’s Paid Family Leave (PFL) program can provide partial wage replacement to you for up to eight (8) weeks. This program is managed through the California Employment Development Department (EDD) and funded via employee payroll deductions.
To qualify for California’s Paid Family Leave program, you must meet the following criteria:
It should also be noted that you are not required to take all of your 12 weeks off consecutively as long as you take all of the 12 weeks off within a calendar year of when you welcomed your new child into your family.
If you have any questions regarding your eligibility for paternity leave, please reach out to a trusted California paternity lawyer with decades of experience in employment law to see what protections you’re entitled to.
Under the legal protections of the California Family Rights Act (CFRA), your employer is required to retain you in the same or similar position upon your return from paternity leave. This also includes maintaining your eligibility for health insurance coverage and other employee benefits while you are out on leave.
In California, employers are required to provide eligible employees paternity leave in accordance with both federal and state laws. It is illegal for an employer to refuse your paternity leave, hold the leave against you negatively, or fail to reinstate you to the same or similar position after returning from leave.
If your employer has violated your rights according to these laws, then you are encouraged to file an official complaint with the California Civil Rights Department (CRD) against the employer. At that point, you will either receive a Right to Sue notice from the CRD, or you will be able to file a legal claim against your employer. Consult with an experienced California employment attorney to see what legal options you’re entitled to regarding your case.
A: California’s Paid Family Leave (PFL) program pays approximately 60% percent of your current earnings for up to 8 weeks within a 12-month period. The maximum benefit amount for PFL benefits in 2024 is currently $1,620 per week. You can also use any accrued sick leave or vacation time to supplement the remaining 40%, if available.
A: The California Family Rights Act (CFRA) permits new fathers to take 12 weeks of paternity leave. This leave is unpaid, but new fathers are legally protected and guaranteed their jobs upon their return. California’s Paid Family Leave (PFL) program allows eligible fathers to receive up to eight weeks of partially paid paternity leave.
A: The California Employment Development Department (EDD) is the governing body that administers California’s Paid Family Leave (PFL) program. Exactly how much pay you’re eligible to receive is directly based on the income you have earned over the past 5-18 months. Typically, you are paid 60% of those earnings up to $1,620 per week as of 2024.
A: Yes. In California, new fathers are eligible to receive paternity leave. The California Family Rights Act (CFRA) says new fathers can take 12 weeks of unpaid paternity leave with guaranteed job protection or up to eight weeks of partial paid leave if eligible for California’s Paid Family Leave (PFL) program.
The addition of a new child to your family is a special time that’s cause for celebration and should never come at the risk of losing your employment status. State and federal laws have been established to protect employees during these times and ensure that they can exercise their right to paternity leave without negative repercussions from their employers.
If you have been victimized by your employer for requiring paternity leave due to welcoming a new child into your family or just have questions regarding your rights as a new father, then please contact our office to schedule an initial consultation and better understand what legal options you are entitled to.
