Paternity Leave Laws in California

Paternity leave is defined to be a time off from work that a father who has just had his child or adopted a child is entitled to. This leave is under the Federal Family and Medical Leave Act. Although a few states offer paid paternity leave, the act guarantees 12 weeks of unpaid leave.

The California Family Rights Act (CFRA) demand that employers that have more than 50 employees should offer their employees unpaid leave. From January 2018, employers with more than 20 employees are required to offer the same leave condition thanks to the New Parent Leave Act (NPLA).


Who is Eligible for Paternity Leave?

There are conditions to be eligible for these leave provisions. One must have worked for the particular employer for at least 12 months preceding the leave. This translates to 1250 hours. The work location should also be such that the employer has the at least 50 employees within a 75 mile radius.


The Time You Get

If one is eligible for the leave, you are allowed to take 12 weeks leave within the first year of the arrival of the child whether by birth, adoption, or foster placement. The fathers get to enjoy the same leave amount as the mothers. However, the female employees are entitled to additional time due to the fact that they get pregnant and give birth. Female employees have more privileges courtesy of the California Pregnancy disability leave


Reinstatement Following the Leave

At the end of the leave, the employer is required to reinstate the employee. The reinstatement must be on the same position held before the leave or a comparable position. The comparison under these circumstances should be with regard to the remuneration, location, and duties. These laws are provided to prevent any form of discouragement from taking the leave through punitive measures.


Requesting the leave

There is a provision by law on how to request a leave. For paternal leave, the request must be made with at least 30 days’ notice considering that the leave is foreseeable. If the leaver is not foreseeable in cases such as early birth, the employee is obliged to give notice on the soonest and practicable period.

The spirit of the law with regards to parental leave is to allow parents and their newborn to bond. Children who have just been born need the attention of both parents. On the other hand, new parents are often not able to concentrate and be psychologically present at work. This period eases this transition of state for both parent and child