Paternity leave is a crucial benefit that allows fathers to bond with their newborns and support their partners during the postpartum period. However, navigating the complex laws and regulations surrounding paternity leave in California can be overwhelming. In this blog post, we will provide a comprehensive guide to paternity leave laws in California, including how long it lasts, who is eligible, and what benefits are available.
How Long Does Paternity Leave Last in California?
Under California law, eligible employees are entitled to up to 12 weeks of unpaid leave for the birth, adoption, or foster care placement of a child. This leave is protected under the federal Family and Medical Leave Act (FMLA).
Who is Eligible for Paternity Leave in California?
To be eligible for paternity leave in California, you must meet the following criteria:
- Work for an employer with 50 or more employees within a 75-mile radius.
- Have worked for the employer for at least 12 months.
- Have worked at least 1,250 hours in the past 12 months.
- Be a biological, adoptive, or foster parent, or the spouse or domestic partner of the parent.
What Benefits are Available During Paternity Leave in California?
While paternity leave in California is unpaid, employees may be eligible for other benefits during their leave, including:
- Continued health insurance coverage.
- Accrued sick or vacation time.
- Disability insurance benefits for the birth mother.
- Paid family leave benefits from the California Employment Development Department (EDD).
How to Apply for Paternity Leave in California?
To apply for paternity leave in California, you must provide your employer with at least 30 days' notice, or as much notice as is practicable. You may be required to provide medical certification of the need for leave, such as a birth certificate or adoption papers. Your employer must also provide you with information about your rights and obligations under FMLA.
Paternity leave is a valuable benefit that allows fathers to bond with their newborns and support their partners during the postpartum period. Understanding the laws and regulations surrounding paternity leave in California can be complex, but it is essential to know your rights and obligations.
If you have questions or concerns about paternity leave, contact Kesluk, Silverstein, Jacob & Morrison, P.C. Our experienced employment law attorneys can help you navigate the legal landscape and ensure that your rights are protected.