By Did you know that, according to the Bureau of Labor Statistics, approximately 27% of employees in the United States receive paid family leave? In California, the number of men taking paid family leave to bond with a new child has risen nearly 20% since the start of the pandemic.
The California Family Rights Act allows eligible workers to take 12 weeks of unpaid, job-protected leave. Both mothers and fathers can use this time off to bond with their new child. While on leave, the state’s Paid Family Leave (PFL) program provides partial income replacement to help with finances.
Understanding your rights when it comes to paternity leave can ensure you are taking advantage of your benefits as a father. Here are the things you should know about paternity leave:
Eligibility Requirements
To qualify for paternity leave in California, you must meet specific eligibility requirements. You must work for a company with at least five employees to be covered by the California Family Rights Act (CFRA). You must have worked for your employer for at least 12 months, accumulating a minimum of 1,250 hours in the past year. These hours include regular work hours, paid time off, and even some types of leave.
The leave taken must be for the birth of a child, the placement of a child for adoption or foster care, or to bond with a new child. You must provide reasonable notice to your employer, unless providing notice isn’t possible due to certain circumstances.
Paternity lawyers offering free consultation can provide you information about how you can take advantage of paternity leave if you do not have physical custody of your child at the moment.
Duration of Leave
If you qualify for paternity leave in California, the duration of your leave will depend on certain factors. California’s paternity leave allows eligible employees to take up to 8 weeks of paid leave to bond with a new child. The duration of your leave can vary based on your individual circumstances and needs.
The 8 weeks of paid leave provided by California’s PFL program can be taken within the first 12 months following the birth, adoption, or foster care placement of a child. You have the flexibility to take the 8 weeks of leave all at once or in smaller increments as needed. The duration of your leave may also be influenced by your employer’s policies regarding paternity leave and any additional benefits they offer.
Benefits and Compensation
Paid Family Leave in California provides benefits and compensation for paternity leave. PFL provides eight weeks of half-compensation to bond with a newborn or care for a critically ill relative. A percentage of your base-period earnings determines your payout. In 2021, the maximum weekly benefit will be $1,357. Complete and submit a claim form on the Employment Development Department’s (EDD) website to apply for PFL benefits.
You may also be eligible for benefits through your employer’s paid leave policies. Some employers offer supplemental benefits to bridge the gap between your PFL payments and your regular salary. Review your company’s policies and discuss your options with your HR department to understand the full scope of benefits available to you during your paternity leave.
Job Protection Rights
The California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) provide eligible employees with up to 12 weeks of unpaid leave for the birth, adoption, or foster care placement of a child. During this leave, your job is protected, meaning you have the right to return to the same or an equivalent position with the same pay, benefits, and terms of employment.
To be eligible for job protection under CFRA and FMLA, you must work for a covered employer, have worked for the employer for at least 12 months, and have worked at least 1,250 hours in the 12 months preceding the leave.
How to Apply for Leave
To initiate the process of applying for paternity leave in California, submit a formal request to your employer, following their designated procedures.
Start by checking your company’s policies or handbook to understand the specific steps required for requesting leave. You’ll need to fill out a leave request form provided by your HR department. Include relevant information, such as the dates you plan to take off and the reason for your leave, and supporting documentation if required.
After completing the form, submit it to your supervisor or HR manager for review. Communicate clearly and professionally about your intention to take paternity leave and follow up to ensure your request is processed immediately. Be prepared to answer any questions your employer may have and to provide additional details if needed.
Conclusion
Now that you know the eligibility requirements, duration of leave, benefits, job protection rights, and how to apply for paternity leave in California, you can confidently handle this important time in your life and get the most out of your leave.
