FMLA for Paternity Leave

Under both state and federal Family and Medical Leave laws, California workers have the right to take time off to attend to family medical matters. Some of these laws can even provide qualified employees with a portion of their wages while on maternity or paternity leave in addition to offering protection from wrongful termination.

One option for fathers and domestic partners taking leave to care for a child is under the Family and Medical Leave Act (FMLA). Although FMLA leave is unpaid, it does afford parents the opportunity to take 12 workweeks to bond with their new child. Some employers will even allow employees to use paid vacation days while using FMLA leave to have income while they use their leave. See if you and your employer meet FMLA requirements for coverage by visiting our page on the FMLA.

How to Get Paid Paternity Leave

California is one of the only states to offer a form of paid family leave. Through the Paid Family Leave (PFL) program, workers can take time off for up to six weeks while still receiving up to 55 percent of their wages.

The main criterion for using PFL is paying into the State Disability Insurance fund, which qualifies almost every worker across the state to use the leave. The program is open to all spouses and registered partners of expecting mothers, in addition to parents and couples who are adopting a child.

Paternity Leave Lawyers in CA

All expecting parents have the right to take a period of leave to care for a newborn or recently adopted child. Our employment law attorneys have the resources to successfully handle sex and gender discrimination cases where companies offer maternity leave benefits to new mothers, but deny fathers and partners the same employment rights. If you were unfairly denied any form of family leave, contact our employment law firm for assistance.