What to Do if Your Paternity Leave Is Rejected in California? 2024

Expecting parents are guaranteed certain rights under California labor laws. It is important to understand your rights as a worker in California, and a skilled employment lawyer can assist you in figuring out what to do if your paternity leave is rejected in California. The state’s paternity leave laws are in place to provide support to new fathers who are in need of time to bond with their newborn children.

Paternity Leave in California

The California Family Rights Act guarantees paternity leave to expectant fathers if they meet certain eligibility requirements through their employers. Those eligibility requirements include:

• The employer you work for must employ at least five employees.
• You must have worked for your employer for at least 12 months prior to the start of your leave.
• You must have worked at least 1,250 hours for your employer in the previous 12 months.

If you meet all three of these requirements, you are eligible for unpaid paternity leave for up to 12 weeks in a 12-month period.

California’s Paid Family Leave Program

While CFRA assistance is unpaid, there is another option through California’s Paid Family Leave program. Depending on your situation, you may qualify for the PFL program through the California Employment Development Department. You may be eligible for this program if you meet some of the following criteria:

• You are unable to perform your current job because you need to take care of a new child.
• You’ve lost out on your wages due to taking family leave.
• You are either employed or actively looking for employment at the time that your family leave starts.

You can file for PFL benefits by mail or online. Your benefits will begin on the first day that you are unable to work because of your family leave. Be sure to file your claim no earlier than that first day and no later than 41 days after your family leave starts.

Rejected Paternity Leave

If you qualify for paternity leave under the CFRA or the PFL program, your employer cannot legally reject your request for paternity leave. If your employer downright refuses to let you leave or attempts to reduce the amount of time you intend to take, here are some steps you can take to try and rectify your situation:

• Consult with an employment lawyer. Employment lawyers focus on issues that employees have with their employers or prospective employers. They assist their clients with discrimination suits, wage and hour problems, and denials of leave, among other situations. You may want to consider taking your case to an employment lawyer who can provide you with their assessment of your situation. They can help you develop your case and work from there.
• File a complaint. If your employer refuses to grant you the paternity leave that you qualify for, you can file a complaint with the California Civil Rights Department with the help of your attorney. The CRD takes violation complaints very seriously and can conduct its own investigation into your claim to determine its accuracy. If they find evidence of wrongdoing, they may launch their own claim against your employer.

A knowledgeable and experienced employment lawyer can help you identify the next steps depending on the circumstances of your situation.

FAQs

Can You Be Denied Paternity Leave in California?

You cannot be denied paternity leave in California. If you qualify for unpaid paternity leave under the CFRA, then your employer must honor your request. They may not act in any retaliatory manner nor replace you with another employee during your leave. Employers are required to allow their qualifying employees to take necessary paternity leave under state and federal regulations.

What if the EDD Denies Your Paid Family Leave?

If the Employment Development Department denies your paid family leave application, you have the option to file an appeal. You have the right to appeal their decision by completing the proper form within 30 days of the issue date of your denial. If you need assistance filing your appeal, you may want to consider reaching out to an experienced employment lawyer who can help you figure out your next steps.

How Long Can I Receive PFL Benefits?

You can receive Paid Family Leave (PFL) benefits for up to eight weeks within a 12-month period for bonding with your child, caring for an ill family member, or for a military-related displacement. You don’t have to take the full eight weeks all at once. You can break them up into manageable chunks. If you are a parent who is taking leave from work to bond with your child, your PFL benefits may only last during the first year.

What Do I Do if My Paternity Leave Rights Are Violated?

If your paternity leave rights are violated by your employer, the very first thing you should do is contact an employment lawyer. An employment lawyer can advise you on a proper course of action to not only secure your paternity leave but to hold your employer accountable for their illegal activities. Be sure to document everything, report your issue to your company’s HR department, and file a complaint with the CRD.

Reach Out to an Experienced Employment Lawyer Today

Having a baby can be one of the most important milestones in someone’s life. California guarantees the right to paternity leave for qualifying employees. The last thing you should be concerned with as a new parent is your employer’s refusal to let you take the time you need to bond with your child. An experienced employment lawyer can help you build your case against your employer and hold them accountable for their misguided actions.

The legal team at Shirazi Law Firm, PC, can provide you with a plan of action that can help you through this stressful time. We can gather the evidence you need to support your claim, assist you with your PFL application, and make sure you aren’t taken advantage of at any point during this process. Contact us to schedule a consultation with one of our valued team members today.