Milestones are an integral component of our lives, and the birth of a child is among the most precious and significant. The first year of a child’s life is filled with memorable landmarks that, as parents, we want to treasure, celebrate, and hope we do not miss out on, like a first smile, giggle, or first steps. Moreover, mothers and fathers form lifelong bonds with their babies during the first few months. As much as new parents wish to stay home with their new baby, it’s not always possible. Concerns quickly arise over providing for your infant, household finances, and fears of losing your position as an employee can be overwhelming. Taking extended time off can seem challenging and even entirely unfeasible. Fortunately, the state of California has grasped the impact of this difficult decision and designed and implemented expansive paternal leave laws.
A new state law establishing paid family leave in 2021 enhanced California’s paternity leave laws. Paternity leave now provides added encouraging opportunities for fathers, contrary to the past, when mothers took most leaves.
California Paternity Leave
What is the difference between parental, paternal, and maternal leave? What are the recent changes to paternity leave in the golden state, and how may the existing laws work for you?
Taking parental leave allows parents to spend time with their new child without worrying about employee job duties. Their employment position remains intact, waiting for their return. Maternal leave is time off for moms, usually consisting of parental leave and potentially up to four months of pregnancy disability leave (depending on the pregnancy circumstances and the physician’s recommendations).
Paternity leave follows the same premise as parental leave (described above) but is intended for fathers. Paternity leave is usually a portion of time off from work taken by fathers during the first 12 months following a biological child’s birth, adoption, or foster care. A father could take up to 12 weeks of leave under the New Parent Leave Act. Still, most protections prior applied only to businesses with less than 20 employees. However, in 2020, California Family Rights Act (CFRA) was amended to repeal and replace much of the previous law and provide statewide paternity leave benefits for fathers.
Furthermore, Under SB 1383 in 2021, CFRA’s expansion resulted in paternity laws applying to same-sex marriages.
Requirements for Paternity Leave in California
New Dads must receive CFRA leave for 12 weeks from private employers with more than five employees.
Eligible employees: A minimum of one year of employment and 1,250 hours must have been worked at your employer.
An additional CFRA benefit (in addition to time off) is providing peace of mind via job security. During your bonding period, your employer may not fire you or retaliate against you in any manner for taking some or all of your entitled leave.
California’s Paid Family Leave Program
A father is eligible for Paid Family Leave (PFL) benefits if they meet the following requirements:
- They have celebrated the arrival of a new child into their family (birth) in the past 12 months.
- Contributed to State Disability Insurance in the last 5-18 months.
- About the above: “CASDI” typically appears on your paystubs
- During the past 12 months, you haven’t taken the maximum number of PFL weeks.
What PDL covers: The California Paid Family Leave program covers 8 of these weeks (partially). In contrast, the additional four weeks are typically unpaid.
California has a complex web of state and federal laws that contain paternal leave, including for fathers. A federal program, The “Family Medical Leave Act” (FMLA), provides additional unpaid opportunities and protections such as ensuring job security. FMLA requirements are also 1,250 hours worked in 12 month period for an employer.
Note: FMLA applies only to businesses with 50 or more employees within 75 miles of the workplace.
CFRA may apply to you, your spouse, child, or your parent if you suffer from severe health conditions. Paid Family Leave Act provides benefits for paternity leave and serious illness time off. Furthermore, unpaid federal programs such as FMLA provide additional protections. As an employee, you may be required to take CFRA or FMLA if you are receiving Paid Family Leave or starting Disability Insurance in California.
Questions Concerning Paternity Leave, Denials, or Retaliation
You may be researching California paternity leave laws as you anticipate or are celebrating the arrival of your new child; congratulations! Raising a child is not effortless but filled with rewards and excitement. Although California pioneered most of the nation’s paternal and paternity leave laws, navigating the process can be challenging and frustrating. Schedule a free consultation with a proficient California employment lawyer to discuss paternity or general family leave questions.
Alternatively, if you believe your employer is retaliating against you or denying you rightful paternity leave, contact an experienced employment litigation attorney immediately
