Do Men or Partners Get Paternity Leave?

Los Angeles Employment Lawyer on Paternity Leave Laws

Expectant mothers have the right to take a period of maternity leave to care for themselves, their soon-to-be born children and to bond with their newborns. However, fathers and spouses may find themselves needing to take time off, as well. Unfortunately for fathers, employees who request paternity leave may also face unfair treatment from employers. Sometimes the employers do not understand the laws regarding paternity leave. Other times, they may just be resistant to grant this right because of sex or gender.

To find out if you or your spouse qualifies for maternity leave for fathers and partners, contact our employment lawyers. We have over four decades of combined experience in employment law. We understand the defenses commonly used by employers and their insurers to deny new fathers parental leave. Our discrimination lawyers can help you identify your right to file a family leave act violation or discrimination case. Our goal is to get justice for you, as well as for your coworkers and future employees who will also benefit from paternity leave.

FMLA for Paternity Leave

Under both state and federal family 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 for a child is 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 allow employees to use paid vacation days while using FMLA leave to have income while on 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 and still receive up to 55 percent of their wages.

The main point of criteria for using PFL is paying into the State Disability Insurance fund. This then 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 Los Angeles, CA

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