California Paternity Leave Law
The thought of a newborn conjures images of diapers, bottles and baby powder. However, for most Americans, these happy thoughts can be hampered by work obligations. While the Family and Medical Leave Act offers time off for new parents, it does not offer paid time off. In the United States, California is the only jurisdiction that offers paid paternity leave. Nevertheless, many private companies offer paid paternity leave as an employee benefit.
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Paternity Leave
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Paternity leave allows parents to stay home with a newborn, recently adopted child or foster child. Such time off from work is commonplace for mothers under the FMLA. However, even for a mother, FMLA can be useless if she works for a small business. The same is true for a father. Yet, even the promise of time off under FMLA or state equivalents is meaningless in a society where dual income households are struggling financially.
California Law
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Pursuant to California's Paid Family Leave law, a mother and a father can take up to six weeks of leave, partially paid, to care for a seriously ill minor child or to bond with a new minor child. The benefits program is administered by the California Fair Employment and Housing Commission and the California Employment Development Department. The exact amount an employee can receive depends on a variety of factors, including amount of time employed and earnings, much like unemployment insurance.
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Applying for Paid Family Leave
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To apply for Paid Family Leave, simply visit the California Employment Development Department website (see Resources). There, you can request a form. However, women currently receiving SDI pregnancy-related benefits need not apply because the paid family leave is automatically provided. Also consult with your employer's human resources department.
Time Frame
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Paid family leave in California is available for six weeks, and it is not a full paycheck. Thus, parents should coordinate leave time and consider using paid time off in addition to paid family leave. In fact, employers may require an employee to first use up to two weeks of paid leave before accessing paid family leave benefits. Parents should also consider alternating when each takes paid family leave. It is not necessary to take leave together. Thus, at least 12 weeks of child care could be covered under the paid family leave benefits. Coordinating benefits offers the maximum bonding period and greatest financial security for a new child. The FMLA offers more time off, but none of that time is compensated.
Uncooperative Employers
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If an employer refuses to allow your request for paid family leave or FMLA time off, you should consult your human resources adviser. It may be necessary to file a complaint, which can be done at the California Fair Employment and Housing Commission website (see Resources).
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References
Resources
- Photo Credit Newborn image by jhogan from Fotolia.com
