The U.S. does not offer paid family leave for new parents at a federal level. California offers paid leave to eligible mothers and dads. We also discuss what to do if you are fired or your employer denies your request for leave.
What is Paid Family Leave in California?
According to the California Family Rights Act, fathers can take up to 12 weeks’ paternity leave to bond and support a child (including adoptions), or to help their partner recover after childbirth. Fathers must work at least one year for their employer, or 1,250 hours, to qualify for family leave under the CFRA. Any employer that has five or more employees is subject to the CFRA.
California Paid family leave (PFL) provides paid family time for between 60-70% of employees’ wages. An employee must meet the following requirements to be eligible for PFL:
- CFRA leave can be used to care for a spouse, domestic partner or parent who is seriously ill, or to bond with a child born or adopted within the first year.
- Demonstrate that taking time off from work will result in lost wages
- In any calendar quarter California State Disability Insurance was deducted, earn at least $300
- Within 41 days of taking family leave, submit paid Family Leave Forms at the Employment Development Department.
The CFRA also provides maternity leave for mothers. Mothers can also be granted additional pregnancy disability leave to help with the mental and physical effects of giving birth.
Parents don’t have to share CFRA leaves. This means that both mothers and fathers can take 12 weeks of CFRA leave, plus any additional pregnancy disability leave granted to the mother, after giving birth.
Employers must reinstate workers to the same position or a comparable one after a leave under the Family and Medical Leave Act and CFRA. Infractions to labor law could include failure to reinstate workers.
How do I request paid family leave?
Parents who wish to take paid family time must notify their employer at least 30 days in advance. Your employer may request additional information such as:
- The estimated duration of the leave
- You can apply for PFL and pregnancy disability (for moms)
- If you feel it is necessary, please let us know.
Your employer can’t deny you family leave under the CFRA/FMLA as long as you give 30 days notice. You can still request leave if you need it less than 30 days prior to your baby’s birth because of an emergency. All you have to do is notify your employer as soon as possible.
Provide notice in writing if possible, and make copies of your request for records (ideally with proof of the date that you made it). A written request from your employer is invaluable evidence if they try to deny you permission to leave.
What if my employer denies me a leave request?
You are eligible for FMLA or CFRA family leave.
- Employers with at least five employees
- Have been employed by the employer for at least one year;
- Before you can request leave, you must have worked for the employer for at least 1250 hours.
Employers cannot legally refuse to grant a family leave request made in a timely manner. Employers who refuse to grant legitimate family leave requests are in violation of labor laws and should be held responsible.
An employer can also be sued in civil actions. If you can show that:
- You are eligible for the leave that you requested.
- You requested leave for a qualifying reason and provided appropriate notice.
- Your employer declined to grant you leave or to reinstate you in the same or similar job after your leave.
- You were hurt by the actions of your employer
You may be eligible for compensation. You could be eligible for compensation.
Why do we need paid family leave?
Half of full-time workers say that work demands can interfere with their family life.
Bonding is most important in the weeks and months following the birth of a child. The Center on Budget Policy Priorities reports that parents who take part in family leave programs have lower levels of prenatal stress, higher rates for breastfeeding, and more parental involvement. Single mothers are particularly at risk of falling into poverty after childbirth.
Summarized from an article by Wilshire Law Firm.
