Understanding Paternity Leave in California: A Guide for New Dads

 Understanding Paternity Leave in California: A Guide for New Dads

Becoming a new dad is an exciting and challenging time. As you embark on this new chapter, it's important to understand your rights to paternity leave in California so you can spend quality time with your new child while maintaining job security. This guide will walk through the key laws and benefits available to new fathers in California.

Overview of Paternity Leave Laws in California

There are several laws that protect a father's right to take paternity leave in California:

• The federal Family Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave to bond with a new child.
• California Family Rights Act (CFRA) offers similar protections as FMLA for bonding with a newborn or newly adopted/foster child.
• Pregnancy Disability Leave (PDL) provides up to 4 months of job-protected leave for pregnancy-related disabilities for the mother or father.
• California's Paid Family Leave (PFL) program offers partial wage replacement benefits for 6 weeks of bonding time.

Eligibility Requirements

To qualify for paternity leave protections in California, employees must meet certain eligibility criteria:

• Worked for at least 12 months for the employer
• Logged at least 1,250 hours in the 12 months prior to leave
• Work for an employer with 50+ employees (for FMLA/CFRA)

Duration of Paternity Leave

• FMLA/CFRA: Allow up to 12 weeks of paternity leave. Leave can be taken intermittently.
• PFL: Provides 6 weeks of paid leave to bond with a newborn. Taken consecutively or intermittently.
• PDL: Up to 4 months of leave for pregnancy-related conditions for either parent.

Pay During Paternity Leave

• FMLA/CFRA do not require paid paternity leave. However, employees can use sick days, vacation time, or paid time off.
• PFL offers approximately 60-70% of weekly wages for 6 weeks, funded through payroll deductions.
• Some employers offer paid paternity leave beyond the state benefits. Review your company policy.

How to Apply for Paternity Leave

Notify your employer about your intent to take paternity leave at least 30 days in advance when possible. Provide any required documentation such as a birth certificate. Maintain open communication about your planned leave duration.

For PFL wage replacement benefits, file a claim with the Employment Development Department (EDD).

Enforcing Your Paternity Leave Rights

If your paternity leave request is wrongfully denied or you experience retaliation, contact the Department of Fair Employment and Housing to file a complaint and consult an attorney.