Orange County California Employment Lawyer

New Fathers: Know the Law and Your Rights

Paid Family Leave Law

Most expecting mothers are familiar with their rights and the appropriate procedures in regards to taking maternity leave. California law allows paid time off for expectant fathers as well. The Paid Family Leave Law provides workers (male and female) with a maximum of six weeks of partial pay each year while taking time off from work to bond with a newborn baby, newly adopted or foster child, or to care for a seriously ill parent, child, spouse or registered domestic partner.

Who Is Eligible?

If you already pay into the existing State Disability Insurance (SDI) Program, you can receive PFL benefits. In addition, employees who work for businesses with 50 or more employees may also be covered by the Family and Medical Leave Act and the California Family Rights Act. These acts provide a maximum of 12 weeks of unpaid, job-protected leave. Expecting mothers who are already partaking in the pregnancy related SDI program are eligible for an additional six weeks of PFL benefits.

How it Works

The program is entirely employee-funded. The maximum benefit will increase automatically each year, commensurate with increases in the state’s average weekly wage. There is a seven day waiting period before PFL can be disbursed. This waiting period may be covered by the two week vacation time that employers may require before you receive PFL benefits. You can receive PFL benefits for leave you take all at once, or at intervals in hourly, daily, or weekly increments.

Your Rights

As a new father, you have a right to partake in this program. If your employer tries to deny you your benefits, they are in violation of the law. They are also civilly liable for damages you suffer if this denial is on the basis of your gender.

If you are a new father and feel you are being denied Paid Family Leave benefits based on your gender, contact the Orange County employment lawyers of Perry Smith at 888.256.259.