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Balancing work and family life is a challenge for many new parents. Fathers, in particular, often face uncertainty about their rights to take time off for a newborn or newly adopted child.
Paternity leave laws in California offer fathers some degree of job protection and financial support. Understanding the nuances of these benefits is vital for a new father in the state.
The following overview explains the key rules governing paternity leave in California. Keep reading to learn how long fathers can take leave and how they can apply for benefits.
Paternity leave refers to the time a father takes off from work to bond with and care for his child after birth, adoption, or foster placement. Paternity leave is often discussed alongside maternity leave. Thus, some may assume the two are essentially the same.
That’s not quite so. Paternity leave has distinct provisions and eligibility requirements.
In California, paternity leave is protected under a combination of federal and state laws. These laws allow eligible fathers to take time off without losing their jobs.
The state also offers partial wage replacement benefits through the Paid Family Leave (PFL) program. Said benefits help fathers manage financial responsibilities while caring for their children.
California has some of the most progressive paternity leave laws in the country, offering a combination of job-protected leave and paid benefits. The primary laws governing paternity leave include:
The California Family Rights Act (CFRA) provides job-protected leave for new parents, including fathers. Under this law, eligible employees can take up to 12 weeks of unpaid leave within the first year of their child’s birth, adoption, or foster placement.
Under the California Family Rights Act (CFRA), eligible fathers can take up to 12 weeks of job-protected leave to bond with their newborn or newly adopted child.
The Paid Family Leave (PFL) program provides financial support to fathers taking paternity leave. Unlike CFRA, PFL does not provide job protection. Instead, it offers partial wage replacement for up to 8 weeks.
California’s Paid Family Leave (PFL) program provides up to 8 weeks of wage replacement benefits for fathers taking time off to bond with a new child.
The Family and Medical Leave Act (FMLA) is a federal law allowing fathers to take up to 12 weeks of unpaid, job-protected leave. While FMLA and CFRA have similarities, CFRA applies to smaller businesses (5+ employees), while FMLA covers employers with 50+ employees.
Employers cannot legally retaliate against employees for taking paternity leave under CFRA or FMLA. If denied, employees can file a complaint with the California Department of Fair Employment and Housing (DFEH).
The length of paternity leave depends on eligibility under different laws:
Paternity leave is not automatically paid. Fathers may qualify for Paid Family Leave (PFL), which provides partial wage replacement.
PFL pays 60-70% of a father’s regular wages (up to a capped amount) based on earnings in the past 5-18 months.
Fathers must apply for Paid Family Leave (PFL) benefits through the California Employment Development Department (EDD) within 41 days of their first day of leave.
Fathers should follow these steps to ensure they receive paternity leave and PFL benefits:
| Law/Program | Leave Duration | Paid/Unpaid | Eligibility Requirements | Key Benefits |
| California Family Rights Act (CFRA) | Up to 12 weeks | Unpaid | Employer with 5+ employees, worked 1,250 hours in the past year | Job protection, can be taken intermittently |
| Paid Family Leave (PFL) | Up to 8 weeks | Paid (60-70% of wages) | Earned wages in the past 5-18 months, contributed to SDI | Wage replacement, applies to self-employed fathers |
| Family and Medical Leave Act (FMLA) | Up to 12 weeks | Unpaid | Employer with 50+ employees, worked 1,250 hours in the past year | Job protection, applies to federal employees |
Eligible fathers can take up to 12 weeks of job-protected, unpaid leave under CFRA and receive up to 8 weeks of paid benefits through PFL. The duration depends on eligibility under these laws. Fathers can sometimes take leave intermittently within one year of the child’s birth or adoption.
California does not mandate employer-paid paternity leave, but eligible fathers can receive partial wage replacement through Paid Family Leave (PFL). PFL provides up to 60-70% of wages for up to 8 weeks. However, PFL does not offer job protection; only CFRA and FMLA ensure that fathers can return to their jobs after leaving.
CFRA provides up to 12 weeks of job-protected but unpaid leave. This allows fathers to take time off without fear of losing their jobs. PFL, on the other hand, provides partial wage replacement for 8 weeks, but it does not guarantee job protection. Many fathers use a combination of both to maximize their time off.
Employers cannot deny paternity leave if the employee meets CFRA or FMLA eligibility requirements. What if an employer refuses to grant leave, retaliates, or terminates employment unfairly? In that case, the father can file a complaint with the California Department of Fair Employment and Housing (DFEH) or seek legal assistance to enforce their rights.
To apply for PFL benefits, fathers must file a claim through California’s Employment Development Department (EDD). The application requires wage history, bonding verification, and employer details. Claims must be filed within 41 days of the first day of leave. Benefits are paid based on past earnings over the previous 5-18 months.
Yes, under CFRA, fathers can take leave intermittently within the first year of their child’s birth. However, PFL benefits must be claimed within a specific timeframe, and intermittent claims must align with EDD guidelines.
California offers comprehensive paternity leave protections through CFRA, PFL, and FMLA. These laws allow fathers to take time off to bond with their newborns or adopted children. While CFRA and FMLA provide job protection, PFL offers financial support for up to 8 weeks. Understanding these laws helps fathers plan their leave, protect their jobs, and maximize benefits.
If you are facing challenges with paternity leave approval, employer retaliation, or benefit claims, seeking legal advice can be crucial.
The Law Offices of Steven M. Bishop can help you navigate paternity leave disputes, employer violations, and family law concerns. Contact our firm for experienced legal guidance on protecting your rights.
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