San Diego
Understanding Paternity Leave in California
Paternity leave allows a father to take time off of work to enjoy quality and bonding time with a new child. Paternity leave is a form of job-protected leave that fathers are entitled to under multiple laws in California. If you have trouble taking the paternity leave you are owed, you may need to consult with our family law attorney in San Diego for assistance protecting your rights.
What Is Paternity Leave?
Paternity leave in California allows fathers (or non-birthing parents) to take time off of work to bond with and care for a new child, including a newborn, a newly adopted child or a foster child. The purpose of paternity leave is to allow a father to actively participate in the early development of a child’s life and to assist the birthing parent with childcare responsibilities.
Who Gets Paternity Leave in California?
California is progressive in its paternity leave laws compared to many other states. Under the California Family Rights Act (CFRA), eligible employees can take up to 12 weeks of unpaid, job-protected leave for the care of a new child. This leave can be taken at any time within the first year of the child’s birth or placement.
“Job protected” means the worker can take the leave without fear of being fired or demoted upon his return. To be eligible for paternity leave under the CFRA, a father must be employed by a company with at least five employees. The individual must also work for the employer for at least 12 months before taking the leave, and completed at least 1,250 hours of work in the past year.
Paternity Leave Under Federal Law
Another law that can provide paternity leave in California is the federal Family and Medical Leave Act (FMLA). Biological, adoptive or foster fathers can qualify for this leave if they work for employers with 50 or more employees within a 75-mile radius of the company.
As with CFRA benefits, the worker must have worked for the company for at least 12 months and completed 1,250 hours of work. The FMLA offers up to 12 weeks of unpaid, job-protected paternity leave. Paternity leave offered by both the CFRA and FMLA often run concurrently.
Is Paternity Leave in California Paid or Unpaid?
The 12 weeks of paternity leave provided by the CFRA and FMLA do not have to be paid, but an employer may choose to pay it, if desired. Bloomberg has reported an increase in the number of companies that offer paid parental leave as part of a worker’s compensation package. This includes many Fortune 500 companies, such as Amazon, Netflix, Lululemon and Spotify.
Paternity leave may also be paid in part by the California Paid Parental Leave Program, which is operated through State Disability Insurance (SDI). Under this program, up to 90 percent of wages for workers who make less than $63,000 per year and 70 percent of higher-income workers can be replaced during unpaid paternity leave.
This state program can offer partial wage replacement for up to eight weeks of a father’s job-protected paternity leave. The amount of money offered is based on weekly wages earned 5 to 18 months prior to the date of the claim. It is available to almost all private sector workers who have contributed to the SDI fund.
When Should You Contact a Family Law Attorney in San Diego?
It is important to understand your rights when it comes to taking paternity leave in California. If your employer infringes upon paternity leave that you believe you are lawfully owed under state or federal law, contact an attorney at Boyd Law in San Diego for assistance.
Our family law attorneys can review your case, help you understand your rights and complete the paperwork necessary to resolve the issue on your behalf. We will stand by your side to advocate for your rights as a father. Call (619) 375-1701 for a free consultation.
