Did you know that according to a 2023 study, only 23% of U.S. fathers have access to paid paternity leave through their employers? In California, where family dynamics and dual-income households are common, the pressure to balance work and family life is immense. Yet, many new fathers are denied the time they need to bond with their newborns or support a recovering partner, often due to subtle workplace discrimination or outright violations of their legal rights.
What is Paternity Leave?
Paternity leave is time off granted to fathers to care for and bond with their child after birth, adoption, or foster placement. In California, paternity leave is supported by laws such as the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), ensuring fathers can take up to 12 weeks of unpaid leave without fear of job loss. Yet, some employers bend or outright ignore these laws, leaving many fathers to choose between their job and their family.
Unfair Workplace Practices Related to Paternity Leave
While paternity leave is a legal right, some employers attempt to avoid compliance. Here are some examples of unfair practices:
• Denying or discouraging a father’s request for paternity leave.
• Retaliating against employees who take leave by demoting or firing them.
• Misclassifying employees to claim they don’t qualify for FMLA or CFRA leave.
• Pressuring employees to work remotely during their leave.
• Ignoring accommodation requests for fathers caring for a spouse or child with medical complications.
Who is Eligible for Paternity Leave in California
To qualify for paternity leave in California, you must satisfy the following criteria:
• You must be the biological father, adoptive father, or foster parent in relation to the child.
• You must be employed by an employer with at least five (5) or more employees.
• You must have worked for the employer for a minimum of 12 months prior to the start date of your paternity leave.
• You must be a full-time employee and have worked a minimum of 1,250 hours during the past 12 months.
It’s important to note that while your job is protected during paternity leave, it is usually unpaid. However, California’s Paid Family Leave (PFL) program provides up to eight (8) weeks of partial wage replacement, managed through the California Employment Development Department (EDD) and funded via employee payroll deductions.
Additionally, you are not required to take all of your 12 weeks off consecutively as long as the total leave is used within a calendar year of welcoming your child.
California Laws That Protect Paternity Leave
California offers some of the strongest protections for paternity leave in the country. Key laws include:
• Family and Medical Leave Act (FMLA): Provides up to 12 weeks of unpaid, job-protected leave for qualifying employees to bond with a new child or care for a spouse or family member.
• California Family Rights Act (CFRA): Expands on FMLA by applying to smaller employers and providing more inclusive coverage for California residents.
• California Paid Family Leave (PFL): Offers partial wage replacement for up to eight weeks during paternity leave, helping parents manage financial burdens while away from work.
Common Questions About Paternity Leave
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HOW LONG IS PATERNITY LEAVE IN CALIFORNIA FOR FATHERS?
Under FMLA and CFRA, fathers are eligible for up to 12 weeks of unpaid leave in a 12-month period to bond with a new child.
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HOW MUCH DOES EDD PAY FOR PATERNITY LEAVE?
California’s Paid Family Leave program typically pays up to 60-70% of your weekly wages, depending on your income level, for up to 8 weeks.
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CAN I TAKE PATERNITY LEAVE IN INCREMENTS?
Yes. You do not need to take all 12 weeks at once, as long as the leave is used within 12 months of the child’s arrival.
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CAN MY EMPLOYER DENY PATERNITY LEAVE?
No, if you meet the eligibility criteria. Denial of paternity leave is a violation of both FMLA and CFRA, and employers may face legal consequences for non-compliance.
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WHAT SHOULD I DO IF I NEED FINANCIAL SUPPORT DURING LEAVE?
Apply for Paid Family Leave (PFL) through the California Employment Development Department (EDD). This program helps replace lost wages during your time off.
Why Choose Fraigun Law Group for Paternity Leave Violations in Los Angeles?
If you’re facing paternity leave violations in Los Angeles, you need an attorney who understands the stakes. Marina Fraigun doesn’t just know the law—she knows how to use it to fight for you. The Fraigun Law Group has a deep understanding of California’s family leave protections and a proven history of taking on powerful employers who ignore employee rights. Whether you’ve been denied leave, retaliated against, or pressured to return to work too soon, Marina will build a compelling case to hold your employer accountable.
What sets The Fraigun Law Group apart is Marina’s fearless advocacy and personalized approach. She takes the time to understand your unique situation, breaks down complex legal processes into actionable steps, and ensures you feel supported every step of the way. If you want a firm that combines compassion with unrelenting determination, look no further.
Don’t let your employer’s disregard for your rights go unchecked—contact The Fraigun Law Group today to take back control of your future.