If your employer denied your request for paternity leave or retaliated against you for taking paternity leave, call us at 888-762-0297 to discuss your case.
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We represent clients in the state of California.
What is paternity leave in California?
Paternity leave laws in California were enacted to allow fathers to prioritize their family responsibilities. Paternity leave allows a father to take time off work following the birth of their child, adoption, or foster placement of a child.
The purpose of paternity leave is to ensure that the father who takes leave to care for and bond with a newborn or an adopted or placed child has a job to return to after the leave is over.
Who pays for paternity leave in California?
While California employers are required to provide health insurance continuation during paternity leave under the California Family Rights Act (CFRA), the CFRA leave is unpaid.
However, you may be eligible for benefits through California’s Paid Family Leave (PFL), which provides income replacement for fathers on paternity leave through the Employment Development Department (EDD), the same agency that manages claims for unemployment and disability benefits. Wage replacement is paid for eight weeks of paternity leave.
Depending on income, the PFL program provides from 60% to 70% in income replacement benefits.
How long is paternity leave for men?
Fathers eligible for paternity leave under the CFRA are entitled to 12 weeks of unpaid paternity leave. A father who has worked for an employer at least 1,250 hours in the past 12 months can take paternity leave.
Eight of the 12 weeks of CFRA paternity leave may be paid through California’s Paid Family Leave program, while the remaining four weeks may be unpaid.
California laws on paternity leave
CFRA allows fathers to take up to 12 weeks of paternity leave to:
- Help their partner recover from childbirth;
- Bond with the new baby; and
- Care for and bond with a newly placed or adopted foster child.
Under current California law, all private employers with five or more employees are legally required to provide 12 weeks of job-protected paternity leave to new dads. Previously, CFRA only applied to employers with 50 or more employees.