Paternity leave is job-protected leave that a
father may be eligible to take to bond with a new child. Paternity leave is similar to maternity leave and is sometimes referred to as bonding or new parent leave. California law provides employees broader rights
to take job protected leave than the rights provided by the Federal Family and
Medical Leave Act (FMLA). California’s
New Parent Leave Act extends the California Family Rights Act (CFRA) to cover
more employees. Eligible employees may
take up to 12 weeks of job-protected leave to bond with their child within 12
months of the birth of the employee’s child, adoption or foster care placement. There are some requirements that must be met
in order to qualify for new parent leave: (1) the employee/new parent must have
worked more than 12 months with the employer prior to taking the leave (does
not have to be consecutive); (2) the employee must have at least 1,250 hours of
service with the employer during the previous 12 months; and (3) the employer employs
at least 20 employees within 75 miles of the employee’s work site.
It is important to note that the right
to take job-protected leave is different from the right to paid leave. Paternity leave under CFRA and FMLA is
generally unpaid; however, some employees may have vacation time, sick time or
other paid time off that will allow them to be compensated by their employer
while taking paternity leave. Additionally, employees may be eligible for up to six weeks of Paid
Family Leave (PFL) benefits through California’s Employment Development Department. Paternity leave does not have to be taken all
at once, but it must be completed within one year of the child’s birth,
adoption or foster care placement. CFRA
requires employers to pay for the continuation of the eligible employee’s group
health benefits if the employer normally pays for those benefits.
In addition to paternity leave, an
employee can take leave to care for their spouse or registered domestic partner
with a serious health condition, including pregnancy related complications. The requirements for taking leave to care for
a family member with a serious health condition are: (1) the employer has at
least 50 employees within 75 miles of the employee’s work site; (2) the employee
taking leave has at least 12 months of service with the employer; and (3) the
employee has worked at least 1,250 hours for the employer in the 12 months
immediately preceding the start of leave.
A serious health condition is defined in the CFRA as an illness, injury,
impairment or physical or mental condition that involves inpatient care in a
hospital, hospice, residential care facility or involving continuing treatment
or continuing supervision by a health care provider.
In addition to the right to take time
off from work to bond with a child or care for a family member with a serious
health condition, CFRA provides eligible employees the right to
reinstatement. Eligible employees are
entitled to the same or comparable position when they return to work following
their leave. A comparable position means
a position that is equivalent or virtually identical to the employee’s former position
in terms of pay, benefits, shift, schedule, geographic location and working
conditions including privileges, status and involve the same or substantially
similar duties and responsibilities.
Additional information on paternity/bonding
leave can be found at www.dfeh.ca.gov
and www.dol.gov. If you think your employer is not following
the law, it is a good idea to consult with an attorney. Mastagni Holstedt, A.P.C. handles employment
law matters including violations of state and federal parental leave laws. Contact
us online or by phone at (916) 446-4692 for a free consultation.
Emily Guerra
is an associate in the Civil Litigation Department at Mastagni Holstedt, A.P.C.