A Quick Guide To Paternity Rights In CA

California law provides fathers with certain paternity rights. One of those rights is paternity leave.

Being able to take time off to welcome a new child into the family is a big deal – for both the mother and the father. Paternity leave allows fathers to take care of their child and the child’s mother. Unfortunately, not all states provide paternity leave, hindering the time to give this care. The good news is that California labor laws include paternity leave.

For both men and women, parental leave provides new parents with an opportunity to bond with their new arrival. The baby may come through traditional childbirth or adoption.

Many fathers do not take paternity leave, though, and for a variety of reasons. Some don’t realize that they are entitled to it. Others may think taking time away for a new baby is only for women.

If you are expecting a baby or have recently had one, here is what you need to know about California’s labor laws protecting new fathers’ rights.

3 Laws Protect Paternity Leave

3 acts protect paternity leave for California workers:

• Family and Medical Leave Act (FMLA) – federal law allows eligible workers to take as much as 12 weeks of unpaid leave each year for the birth of a child; FMLA applies only to companies with 50 or more employees living within 75 miles, and who have been employed for at least 12 months and worked at least 1250 hours within the previous year
• California Family Rights Act (CFRA) – similar to FMLA, except it applies to companies with 5 or more workers
• New Parent Leave Act (NPLA) – covers workers who are not eligible under FMLA or CFRA

While FMLA and CFRA protect a man’s right to take time off, they do not require employers to pay for this time off. California’s Paid Family Leave program allows fathers to receive benefit payments for up to 8 weeks to bond with their newborns, with payments of about 60 to 70 percent of their weekly wages.

Providing Reasonable Notice

Under state and federal law, fathers must provide “reasonable notice” of their intent to take paternity leave. In general, 30 days is reasonable – but not always possible. A father may not be able to provide notice if a baby is born 60 days premature, for example.

While it is acceptable to provide notice verbally, it is best to put it in writing to avoid any confusion later on. 

The written notice should include:

• The date paternity leave is likely to start
• The anticipated duration of paternity leave.

Have Your Paternity Rights Been Violated at Your Workplace? Contact Your California Employment Lawyer At D.Law!

California’s paternity rights laws protect your right to take time off after the birth or arrival of a child into your family. While most employers are glad to give their fathers time off, some refuse to provide this protected leave. If your employer has refused to give you unpaid paternity leave, contact or call D.Law. Our attorneys focus on employment law, and can help you exercise your rights as a worker in the Bay Area, San Diego, Fresno, Los Angeles, and other California cities.