In the state of California, paternity leave is a right under the law – but what are your rights, and what can you do if your employer denies them?
Here’s what you need to know:
This type of leave is designed to give dads time for childbirth and time for bonding. The most you’re entitled to is 12 weeks under California law.
You don’t have to adopt or foster a newborn to qualify for paternity leave if you meet all the other requirements. In fact, the law doesn’t distinguish between ages at all for foster fathers and adoptive fathers.
The Family and Medical Leave Act, the California Family Rights Act and the New Parent Leave Act all protect dads’ rights to time off.
While men are often entitled to take leave under these laws, it doesn’t necessarily have to be paid – but sometimes, employees are entitled to pay or benefits.
When it comes to paternity leave, the situation must meet these requirements:
Typically, if these three requirements are satisfied, employers are likely to be required to provide eligible employees with up to 12 weeks of family leave.
If you want to take paternity leave, you have to give your employer reasonable notice. Your notice should include when you expect to take leave, how long you’ll be out and an explanation of why you need to take the leave. (Pro tip: It’s a good idea to put your request in writing so you have a paper trail.)
It’s always best to talk about your paternity leave with your employer, especially if you encounter any issues. Sometimes employers misunderstand what employees are entitled to when it comes to this type of leave – and if you can’t resolve issues with your supervisor, you should go to your company’s Human Resources department with your concerns.
If your employer violates your rights when it comes to paternity leave, you have options. You could attempt to resolve things with your employer, bring an administrative claim, or file a lawsuit in court, and you may be entitled to damages. However, you must file your complaint within one year from the date that you allege your employer violated your rights.
Call us today at 818-617-9706 or toll-free at 800-774-4163 to discuss your case, before it’s too late.
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