Due to the radical change in the structure of current American society, parental leave is not just for mothers. As a result, fathers also get this parental leave through job-protected means for newborns’ care and bonding. What should I do, or should I hire an employment lawyer if I am a California resident for paternity leave from the workplace? Yes, of course, we should take appropriate legal action for paternity leave, if we are unable to give this leave from the workplace because it is illegal under California paternity leave law. However, in this article, we will try to describe ensuring new father “paternity leave” they are rights.
About details in California paternity leave law
In fact, California has no specific paternity leave law, which makes the issue of paternity leave a little more complicated. Due to which, in case of leave program for the father of a new child working in an organization. It can be challenging and confusing to negate the process. However, we need to address this issue, as California’s state can efficiently resolve the issue under various state and federal labor laws. The following three specific requirements for paternity leave are mentioned.
The Family and Medical Leave Act (FMLA)
According to the Family and medical leave act grants new parents 12 weeks of unpaid leave, this law includes a federal law that passed in 1993. Although the father qualifies for family leave for their newborn child under this law, this leave still applies to 50% of employment.
The California Family Rights Act (CFRA)
In particular terms, there is no difference between California Family Right Leave Act and Family & Medical Leave law, as it is just a state-level version of the FMLA. However, the paternity leave’s purpose is slightly different, but CFRA can play a useful role more than FMLA.
The New Parent Leave Act (NLA)
This version is made to justify the right to 2017 paternity leave considering the care and health protection of the newborn child. The new parental leave law further strengthens paternity leave, but a father must have been employed in the company for more than 12 months to be covered by this leave. However, the implementation of this law has resulted in California extending paternity leave the protection of the father of millions of newborns.
Which is required for paternity leave
When taking paternity leave, the father of the newborn should proceed through precise planning. Because California parental leave law requires proper notice to take leave, it is advisable to give this notice 30 days in advance. However, in many cases of premature births can result in serious health risks, in this situation, can be taking emergency notice. In this case, the notice should be given directly to the employer, or he/she should be informed. However, it is essential to note the advice for paternity leave. It is necessary to note the expected period of the holiday, precisely the planned date, and briefly explain the reasons for taking the leave.
Your right in case of denied paternity leave
If an employer expresses dissatisfaction with proper reasons for paternity leave, it is entirely illegal under California law. If an employee erroneously refuses to pay salary and bonus benefits due to paternity leave, creates unfavorable employment, or even threatens to be fired, the person should seek the advice of an experienced lawyer. If paternity removes a person while on leave and hires someone else, it can undoubtedly lead to strict action under labor law. The biggest issue is that employer cannot create a kind of punishment or a hostile environment against a person for taking paternity leave. In the above discussion, it is clear that according to California paternity leave law employer cannot take any step against employees for paternity leave.