How long do fathers get for paternity leave in California?
Fathers in California have a right to 12 weeks of federally protected [unpaid] paternity leave and 4-6 weeks out of these 12 weeks of state funded [paid] paternity leave. Who pays for it? Well – You whenever you pay taxes.
How does paternity leave works?
Let your manager and HR know that you’d like to initiate paternity leave starting approximately in [insert date of your childbirth/adoption]. After that on the birth day (or later) you can simply let your manager know of the first day of your FMLA (family and medical leave act). Your HR should send you all the necessary info regarding how to file the claim with California to receive your pay.
Once you receive a paperwork packet from HR you will be prompted to make a register through the EDD (Employment Development Department) website. You will hit the “Claims” button then Paid Family Leave (PFL) Overview and follow the prompts. All the frequent questions that fathers have will be answered on the following link.
Basically you will have to open an account with BOA (Bank of America), and subsequently you will receive a credit card in the regular mail. You can use that card as a standard form of payment or you can withdraw cash from Bank of America terminals and tellers. That’s the entire process of receiving you FMLA paycheck from California state in a nutshell.
Note: Here’s the link from Bank of America with a complete list of participating Museums that you can get in for free with the Bank of America card – which is part of Museums on US program. Great way to spend some quality time with your newborn.
Welcome to California – the most progressive state when it comes to policy making and implementation. A state where maternity leave is one of the longest in United States, yet miniscule compared with the rest of the world.
In California there are 3 laws protecting your rights as a new father within the 1st year of the childbirth, FMLA, CFRA, The New Parent Leave Act. All of these policies/laws must be clearly outlined in your employee hand book. If you’re working for a start-up and your boss is being difficult; you should
read study the employee handbook back and forth. Important to note that you don’t have to take the entire 12 weeks allocated at one time and can break it into multiple segments.
Requesting paternity days off with managers:
If your manager threatens you and there’s a possibility of losing your job because you’re taking lawful time off then you probably shouldn’t be working for that company in the first place alternatively you should seek legal council.
FMLA (The Family and Medical Leave Act)
12 weeks of unpaid leave to fulfill family obligations during a 12-month rolling period for the birth or care of the employee’s child within the first year of birth
Eligibility for paternity days off in California:
• the birth or care of (bonding with) your child within the first year of birth
• the care of (bonding with) an adoptive or foster child within the first year of placement
• the care of a child, parent, or spouse who has a serious health condition
• your own serious health condition
• Be employed at a worksite where 20 or more employees are employed
• Have completed 12 months of employment
• Have worked at least 1,250 hours during the 12-month period immediately preceding the beginning of the leave in your company
• Two parents simultaneously employed by the same company are each treated as an individual employee.
Paid paternity leave california:
• Paternity leave is unpaid unless the employee has a separate legal right to pay during leave.
• Typically PFL (Paid Family Leave) fund kicks in and you will be compensated for 6 weeks
What you should do as a future father?
• Provide notice to your employer within reasonable time (There is no definition of ‘reasonable’ … just keep that point in mind)
Here’s a bit of reiteration for the FMLA, CFRA, and The New Parent Leave Act:
The Family and Medical Leave Act (FMLA), which provides a federal right for eligible employees to take up to 12 weeks of unpaid leave to tend to certain family obligations, including caring for the serious health condition of a spouse and the birth or adoption of a child.
The California Family Rights Act (CFRA), which is the state counterpart to the FMLA and provides most of the same rights, including a right for eligible employees to take up to 12 weeks of unpaid paternity leave.
The New Parent Leave Act, which is similar to the FMLA and CFRA in that it provides up to 12 weeks of paternity leave, but its protections apply to smaller employers (those with as few as 20 to 49 employees).
Personal Leave Bonus:
This policy allows you to take extended time off to take care of personal issues that you cannot deal with while you are working. Once you have exhausted your rightful time allocated by the 3 laws outlined above, you can additionally take a Personal Leave. Typically this leave is unpaid.
Perhaps you’d like to be present for your child’s first words & first steps. Remember these are the days that you will never get back.
Keep in mind – Personal leaves of absence for situations covered by Family Leave will not be considered until the provisions described in the Family Leave of Absence guidelines are exhausted.
What to do with infants while on paternity leave.
There are a million way you can productively spend the time with your newborn. We chose to spend most of the time outside in the nature hiking and exploring the nature of California. Whatever it is you choose to do with your little human being it is important to keep in mind that you have legally protected time to do so.
You should definitely take advantage of the 12 weeks with your newborn. As many of our friends have pointed out – it is the easiest to travel long distance with a baby before they turn 1. Even though we are not big proponents of long distance travel for children, we still think that this is the most ideal time to go abroad if you have a good reason.
Check out the useful infant travel checklist tips that my wife and I complied to make your short distance and long distance travel experience a bit more pleasant.
This is the time in your child’s and your life that you will never get back. This is the time to lay down the foundation of your future relationship. This is the time for your child to learn from you, to laugh with you, to be primed for other future interaction. It’s a small luxury that every father should take advantage off.