Los Angeles Paternity Leave: What You Need To Know

In Los Angeles, paternity leave allows fathers and non-birthing parents to take time off from work without risking job loss. 

If you lost your job due to taking a paternity leave, contact our Los Angeles wrongful termination attorneys at Aegis Law Firm today. Call us at (949) 379-6250 today.

What is Paternity Leave?

Paternity leave is a time granted to fathers or non-birthing parents to care for and bond with a newborn, newly adopted child, or newly placed foster child. This leave is designed to support family bonding, provide emotional and physical assistance to the birthing parent, and help with the transition of welcoming a new child into the family.

Eligibility for Paternity Leave in California

In California, eligibility for paternity leave depends on several factors, including the size of the employer and the employee’s length of service. Under the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid, job-protected leave to bond with a newborn or newly adopted child. To qualify, employees must:

• Have worked for their employer for at least 12 months.
• Have completed at least 1,250 hours of work in the 12 months preceding the leave.
• Work for an employer with at least 5 employees (under CFRA) or 50 employees within a 75-mile radius (under FMLA).

Employees are not required to take all 12 weeks at once. They can take leave intermittently, as long as it is within one year of the child’s birth or placement.                                                                                                                                

Paid vs Unpaid Paternity Leave

In California, paternity leave can be either paid or unpaid, depending on the circumstances and the employer’s policies. Under CFRA and FMLA, the leave itself is unpaid; however, employees may receive partial wage replacement through California Paid Family Leave (PFL).

PFL provides up to 8 weeks of partial wage replacement to eligible employees who take time off to bond with a newborn, adopted child, or foster child. The benefit amount is approximately 60-70% of the employee’s average weekly wages, up to a maximum limit set by state law. To receive PFL benefits, employees must have contributed to the State Disability Insurance (SDI) program, which is typically deducted from their paychecks.

Employers may also allow employees to use accrued paid leave, such as vacation days or sick leave, to receive full pay during paternity leave. Some companies offer paid paternity leave as part of their benefits package, so it is essential to review the employer’s policy.                                                                                                  

Understanding Your Paternity Leave Rights in California

Under CFRA and FMLA, eligible employees have the right to return to the same or a comparable position at the end of their leave. Employers cannot retaliate or discriminate against employees for taking paternity leave, nor can they interfere with the employee’s right to take the leave.

Additionally, employers must maintain the employee’s health insurance benefits during the leave period under the same conditions as if the employee were working. However, employees are responsible for continuing to pay their portion of the insurance premiums during the leave.

To ensure your rights are protected, provide your employer with at least 30 days’ notice before taking paternity leave if possible. If the leave is unexpected, notify your employer as soon as practicable. It is also beneficial to document all communication regarding leave requests and approvals.

If you have recently taken a paternity leave and need legal guidance, contact our Los Angeles employment lawyers at Aegis Law Firm today.