An employee’s life is changed in a major way when he or she becomes a parent. In the first few months of life, employees and their children can benefit from spending time together. The problem is that for many employees, taking a prolonged period of time off is unaffordable due to financial concerns and the possibility of losing their jobs. California has recognized this by passing a number of protective leave laws that make it easier for new parents to cope with this burden.
How Does Parental Leave Work?
Parents take parental leave to bond with their newborn children, also known as bonding leave. Women in California are entitled to maternity leave as a combination of parental leave and pregnancy disability leave. Parental leave is equivalent to paternity leave for California men.
Does Every Employer have to Provide Parental Leave?
In order to bond with a new child, federal laws like the FMLA and CFRA require employers with 50 employees or more to provide a period of unpaid leave of up to 12 weeks. The New Parents Leave Act (NPLA) allows the same amount of leave to be taken by new parents whose employers have between 20 and 49 employees.
What Are the Eligible Conditions for Parental Leave?
An employee who wishes to take FMLA/CFRA should:
- Have a 12-month employment history with a covered employer is required
- Worked during the 12 months preceding the leave, you must have worked at least 1,250 hours; and
- Be working at a workplace where the employer has minimum of 50 employees within a 75-mile radius.
There are no differences in the eligibility requirements under the NPLA, except that the employer must have 20 or more employees in a 75-mile radius.
When Does Parental Leave Start?
Within the first year after the birth, adoption, or foster placement of a child, eligible employees can take 12 weeks of parental leave. This perk is available to both new mothers and fathers. The provision of different bonding leave amounts to workers based on their gender would be gender discrimination.
Due to the fact that women are the only ones who can become pregnant and give birth, they can receive additional time off as a pregnancy disability. Pregnancy or childbirth can cause physical or mental symptoms that require time off. The California state government typically allows pregnant employees to take an additional ten to twelve weeks off for pregnancy disability.
When I Take Parental Leave, Will I be paid?
Neither federal nor California law requires employers to offer paid parental leave. (A certain amount of paid leave is required by San Francisco ordinance, but employers of a certain size are not required to provide it.) If you choose, your employer may pay your accrued paid vacation, sick leave, or PTO during your leave. The group health coverage provided by your employer must continue during your leave.
Paid family leave is only available in a handful of states, California being one of them. The state can compensate new parents for some of their wages while they bond with their children. Most state employees receive 60 percent of their wages-up to a limit of $1300 in 2021-for six weeks. The state pays 70% of wages to low-income earners making one-third of the state’s average wage.
It is still possible to receive paid family leave even if your employer has fewer than 20 employees, for example. The only difference is that you won’t be entitled to job-protected leave.
Am I Entitled to Reinstatement?
You need to be reinstated to the same job or a comparable one after your leave ends. Comparable jobs are ones where the salary, duties, and location are the same or similar.
What Should I Do If I Want to Take Parental Leave?
As part of the FMLA/CFRA, employers may require employees to give at least 30 days’ notice when someone is going on maternity leave, adopting a child, or appearing in foster care. An employee must give as much advance notice as possible of a leave for need that is not foreseeable. It’s a good idea to give notice as soon as you can if you’re faced with an emergency C-section weeks before your due date.