The move of more men seeking paternity leave has gained popularity in
recent years across the country. As many
men are looking into this option to be able to spend time with their new baby,
there are a number of questions that have been raised. Common inquiries that are made concerning the
topic are about what paternity leave is and if all men are eligible for it. Furthermore, there have been questions about
what to do if this request is denied. Paternity
leave is the time a father takes off of work to care for or bond with a new
child. This time can also be taken off
for adoptions and foster care placement. It is important to note that each workplace
differs when it comes to offering this time off paid or unpaid.
Who is eligible?
When determining who is eligible for paternity leave, many dads turn to the Family and Medical Leave Act (FMLA), or the California Family Rights Act (CFRA) which will protect your job as a new parent for up to twelve (12) weeks. However, the FMLA and CRFA do not guarantee that a father taking paternity leave will be paid during this time. Instead, the FMLA and CFRA guarantee, with some limited exceptions, that the father will be reinstated to his prior position if he returns within the twelve weeks of protected leave. Additionally, employers are prohibited from retaliating against employees who avail themselves of protected leave under the FMAL/CFRA.
If you have questions regarding whether you are entitled to paternity leave, contact the employment law specialists at Ceartas Legal. Or, if you have been denied your rights to take paternity leave under the FMLA/CFRA, or have been retaliated against by your employer for taking such a leave, call Ceartas Legal as soon as possible to find out if you can enforce your rights in court. Our team of expert employment lawyers who represent only individuals (as opposed to companies) can give you the information you need as you make plans for this new life chapter.