Fahim Rahman

Paternity Leave California
Paternity leave laws at the state and federal levels are designed to allow new, adoptive, and foster care fathers the time necessary to bond with a new child within the first year of birth or placement of that child in the home.
Under California law, paternity leave offers up to 12 weeks of unpaid leave and up to 8 weeks of paid leave based on the type of leave for which the employee is eligible based on his current status of employment.
The three types of paternity leave in California include:
The California Family Rights Act (CFRA)
This family leave program allows for any eligible employee to take up to 12 weeks of unpaid and job-protected family leave for the purposes of bonding with a new child or providing care to an ill family member. The CFRA applies to both mothers and fathers who wish to be present in their new child’s life or act as a caregiver to an ailing member of the family.

Eligibility Requirements for the California Family Rights Act (CFRA)

In order to be eligible for the CFRA, an employee must meet specific criteria outlined in the law. These qualifications are as follows: an eligible employee must work for an employer with at least five employees, be employed by that employer for a minimum of twelve months, and log a minimum of 1,250 hours worked for the twelve months prior to the period when leave is taken.
Any employee who elects to exercise his or her right to leave under the CFRA is guaranteed to maintain their current position of employment, without fear of termination or demotion of duties. Job protection is a crucial element of the CFRA as it prohibits employers from reducing the employee’s responsibilities within the organization because that individual exercised his or her rights to take leave under the law.
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California Paid Family Leave (PFL)

While the CFRA offers unpaid paternity leave for new and expectant parents, the family leave PFL program has similar advantages but fewer criteria to allow for the care of a child or ill family member. However, this is California’s paid family leave program which provides benefits that include up to eight weeks of partial wage replacement at around 70-90% of the employee’s salary, based on weekly income. These increased benefits went into effect starting January 1, 2025.
This program has been implemented by the Employment Development Department (EDD) and is meant to work in conjunction with the unpaid leave benefits granted by CFRA laws. The only eligibility requirement for participating in California’s paid family leave PFL program is that the employee’s wages must be subject to California State Disability Insurance (SDI) deductions. No other requirements as to the number of employees in the organization, hours worked, or minimum time spent working for that employer exist for employees who submit an application for leave through the PFL program.
Under the law, the PFL is a protected leave program ensuring that an employee has the same job or another comparable position waiting when that employee returns from his or her period of leave.
Application Process for the Paid Family Leave PFL Program

Applying for paid parental leave under the PFL is done directly through California’s Employment Development Department and the employee must supply documentation in the form of a birth certificate or other supporting paperwork such as adoption papers in order to qualify to participate in this paid, job protected leave program.

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Family and Medical Leave Act

Family and Medical Leave Act (FMLA)

Employees working in California are protected under state and federal law to ensure their rights to family leave. The federal component of those protections is the federal Family and Medical Leave Act (FMLA) which is designed to fill any gaps left by the laws that govern paternity leave in California with the CFRA and PFL programs.
Under this federal law, the FMLA offers qualifying employees up to twelve weeks of unpaid, job-protected leave over a twelve month period to give expectant parents time to welcome the birth or adoption of a new child. The law also provides the same benefits for any employee who wishes to act as a caregiver to a family member who is seriously ill or to tend to the employee’s own major health problems that require ongoing medical attention.
Eligibility Requirements for the Family and Medical Leave Act (FMLA)
Eligible employees under the FMLA must meet certain criteria in order to access the benefits of this unpaid leave program. The qualifying criteria states that an employee must currently work for an employer with fifty or more employees located in a 75-mile radius. The employee must be employed with the employer for a minimum of twelve non-consecutive months, and logged a minimum of 1,250 hours within those twelve months.
The employee is guaranteed job protection during the period of leave as the employer must give the employee the same job or an equivalent position once he or she returns to the organization.
The FMLA is designed to work in conjunction with the California Family Rights Act to ensure a broad protection and benefits for an employee while he or she has taken family leave.
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FMLA

Employer Obligations for Paternity Leave in California

Contact the Proper Authorities
Post Visible Notices

Under state and federal law, employers are mandated to allow eligible fathers to take family leave if they so choose. But compliance with these laws at the time when an employee requests the leave to which he or she is entitled is only part of an employer’s obligations to their employees under the law.

These responsibilities start with informing employees of their rights through clear and concise notices posted in the workplace. These notices must be in an unobstructed view so that all employees may see and read them to better understand the rights afforded to them with respect to family leave in California.

Retaliatory Termination
Job Protected Paternity Leave
Under the law, employers are mandated to allow employees to resume their work duties at the same level or a similar position of employment within the organization when the employee returns to work. Employees should not be punished for taking leave by losing a job or being demoted as a result.
Violations of Public Policy
Anti-Retaliation Mandates
Employers are strictly prohibited from retaliating against any employee for taking his or her family leave under the law through any retaliatory or discriminatory actions that would otherwise impact the employee’s position of employment within the organization.
Employer violations of these laws and their obligations can mean serious punitive actions taken against employers on the part of employees who file suit in a court of law.
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Protect Your Rights

Protect Your Rights Under the Law

If you believe your paternity leave rights have been violated by your employer, you want an employment attorney with the experience and expertise to protect your rights and get you the maximum compensation you deserve. The Law Office of Fahim Rahman has been fighting for the rights of victims who have been subject to employer violations of family medical leave laws in the state of California to give them a voice that might otherwise be overwhelmed or ignored by unscrupulous employers who take advantage of employees for their own gain.

You don’t have to be a victim. Call today, tell your story. Fahim Rahman is ready to listen and advise you on the merits of your case and work with you to take the necessary steps to hold your employer accountable if he or she has violated your employment status under the state or federal family leave laws.

The more you know about California’s paid family leave laws and unpaid paternity leave statutes, the better prepared you will be to fight in a court of law. Your employer has a team of lawyers on their side, you need someone to fight for you as well.

Don’t go it alone, call the Law Office of Fahim Rahman today.
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