5 Things You Didn’t Know About Paternity Leave

Paternity Leave

New fathers, like new mothers, often have responsibilities that require time off from work. While maternity leave is the more commonly heard phrase, paternity leave is important for many of the same reasons. New parents need to take care of matters relating to the birth, adoption, or foster care placement of a new child. Fortunately, despite a greater national and global emphasis on women’s rights to maternity leave, in California, many men are afforded the right to take paternity leave.

 

5 Things About Paternity Leave

Let’s start at the top. 

 

1. New fathers can take 12 weeks of unpaid time off for a new child

            Unlike women, men do not have a right to pregnancy disability leave because, of course, they cannot be disabled by pregnancy. However, men can take up to 12 weeks of family leave to bond with a new child. This right is granted federally by the Family and Medical Leave Act (FMLA) and by California state law with the California Family Rights Act. The New Parent Leave Act, also a California law, however, provides the most expansive coverage for paternity leave protection, as its protections apply to employers with as few as 20 employees.

            When men wish to take family leave to bond with a new child after the child’s birth, adoption, or foster care placement with the employee, they have to meet certain requirements. Such employees must have worked for the employer at least a year before the leave being taken and have worked a minimum of 1,250 hours for the employer in the past year. Lastly, the employer is only obligated to provide this leave if he/she has at least 20 employees within 75 miles of the employee’s workplace.

            Alternatively, new fathers, under the same eligibility requirements for parent-child bonding, can use their family leaves to care for the serious health condition of a parent, spouse, or child. In the context of paternity leave, fathers might need to care for a pregnant or recently pregnant spouse suffering from complications like, for instance, postpartum psychosis. A “serious health condition” in this case has to involve continuing treatment or supervision by a healthcare provider, or inpatient care. It applies to physical and mental conditions.  

            When new fathers take family leave as paternity leave, they are not required to take it all at the same time, but they have to take it all within a year of the new child’s arrival. They need to give reasonable notice to their employer.

 

2. New fathers can get 6 weeks of paid time off for a new child

            Some new working fathers in California can receive paid paternity leave thanks to the Paid Family Leave Act, which allows eligible employees up to six weeks of paid family leave that they can use to bond with their new child while receiving partial pay. This kind of leave must be taken within the first year of the child’s birth, adoption, or foster placement. Eligible employees can earn as much as $1,173 per week from California’s paid family leave fund.  

 

3. Accrued sick and vacation days can be used for paternity leave

            California employees have the right to use accrued paid time off for their paternity leave. This can include paid sick and vacation days, as well as personal days for employees who can and have accrued those hours. On the other hand, employers can require new fathers to use their accrued paid or unpaid time off during their family leave period. As policies vary for different workplaces, employees should check with their employer to know what to expect.

 

4. A “reasonable accommodation” can be made for some new fathers

            Sometimes, new fathers can suffer from paternal postnatal depression, which is similar in some ways to postpartum depression, as it involves fluctuations in hormones due to the challenges of fatherhood. In California, the law prohibits employers with five or more employees from discriminating against employees because of their mental disabilities, and this protection applies to men who are disabled due to clinical depression. Employers covered by anti-discrimination laws are obligated to make reasonable accommodations for such employees. These “reasonable accommodations” are meant to allow employees to perform essential job functions and can include a period of leave for new fathers suffering from clinical depression. There are eligibility requirements for this kind of accommodation, including the stipulation that it would not pose an undue hardship to the employer.

 

5. Complaints for violations of paternity leave rights must be filed promptly

            Although there are laws protecting the right of many new working fathers to paternity leave in California, the law can be broken. Some employers do violate the legal rights of their employees and when they do, wronged employees can try a few different ways to rectify the wrong. Because employees might be entitled to punitive or compensatory damages or even job reinstatement, they can try to resolve the dispute informally with their employer, they can bring an administrative claim to seek damages, or they can file a lawsuit in court. To maximize chances of success, it is a good idea for employees to speak with an experienced employment lawyer. The law is quite complex sometimes and experts are in a much better position to ensure the collection of all relevant information, apply the law to the evidence in a compelling fashion, and maximize the financial damages the employee is awarded, all while strategically avoiding missteps that trip up non-lawyers.   

            When an employee decides to file a lawsuit against their employer for violating paternity leave laws, it is mandatory to first file a written complaint with California’s Department of Fair Employment and Housing (DFEH). If the DFEH issues a right-to-sue letter because the claim goes unresolved, only then may the employee sue in court. Moreover, with a few exceptions, employees have to file their complaint to the DFEH no more than a year from the date of the violation, and once given a right-to-sue letter, employees have one year to file a lawsuit.   Importantly, employers are not legally allowed to retaliate by, for instance, firing an employee for protesting a violation of their paternity leave rights.

 

Paternity leave California

For new fathers who, like new mothers, only want the best for their family, paternity leave rights are critical to understanding. If you believe your employer has violated paternity leave California laws and infringed on your rights under California law, speak with an employment attorney to help you understand if you have a case.

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