The California paternity leave law provides job protections and financial benefits to new fathers. These laws apply to biological, adoptive, and foster fathers seeking time off to bond with and care for a new child. However, sometimes employers violate fathers’ rights to family leave by denying them or retaliating against fathers who assert their rights.
If you or your spouse was denied parental leave or benefits, a Los Angeles paternity leave lawyer with Moon Law Group, PC, can fight for you. Since 2007, our firm has exclusively represented employees in Los Angeles and throughout California in disputes against their employers. We have the experience, know-how, and persistence to hold businesses accountable for treating their workers poorly.
Contact us today to schedule your free, no-obligation consultation and discover how we can advocate for you. Your case review is fully confidential, and you pay nothing unless we successfully resolve your matter.
How Can a Los Angeles Paternity Leave Lawyer Help with My Case?
Our Los Angeles paternity leave attorneys can work to ensure that your employer respects your rights and grants you the paternity leave you qualify for. We can also fight to recover lost wages and any other compensation to which you may be entitled.
As one of the largest plaintiff’s employment law firms in California, we are prepared to aggressively take on complex and labor-intensive employment matters. Our legal team can do the following for you:
- Help you understand your rights and eligibility for father paternity leave programs, including the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA)
- File your parental leave claims, ensuring the paperwork is completed and submitted correctly and on time
- Negotiate with your employer to attempt to resolve paternity leave disputes and secure any compensation they may owe you
- Represent you in civil court in an employment lawsuit if necessary
- Never charge you anything upfront to get started on your case, with no fees unless we successfully resolve your matter
Moon Law Group is recognized in Los Angeles and across California for its tenacious and skilled litigators. We have a proven track record that includes victories in state and federal courts. Our attorneys also have experience with collective action and class action lawsuits, which enable large numbers of employees who are experiencing similar workplace injustices to take action to protect their rights.
Contact us today and discover the difference we can make for your case.
For a free legal consultation with a paternity leave lawyer serving Los Angeles, call 213-320-0519
Does the Family and Medical Leave Act (FMLA) Provide Paternity Leave?
FMLA is a federal law that provides eligible workers with up to 12 weeks of annual job-protected unpaid leave. You can take FLMA leave for medical reasons or to care for a family member who is sick or injured. FMLA applies to maternity leave for fathers who are seeking time off after the birth of a newborn child, the adoption of a child, or the placement of a foster child.
FMLA does not provide wage compensation for time you take off, but it does ensure your job will be there for you when your leave ends.
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Does the California Family Rights Act (CFRA) Provide Paternity Leave?
The CFRA is a state law similar to the FMLA that protects California workers’ rights to medical leave. Like FMLA, it provides job-protected, unpaid paternity leave after the birth, adoption, or foster placement of a child.
- How Long is Paternity Leave in California? – CFRA paternity leave can last up to 12 weeks per year. The CFRA guarantees that after this leave period, your job (or a comparable position) will be available to you.
- How to Apply for Paternity Leave? – You should review your company’s leave policies before applying for paternity leave. You should also make a formal, written request to your employer 30 days before any foreseeable parental leave. Failing to notify your workplace within this timeframe could result in a denial or deferral of your leave request.
California also offers Paid Family Leave (PFL) benefits for new fathers. PFL provides wage replacement benefits (usually equal to around 60 percent of your regular salary), with a minimum weekly benefit of $50 and a maximum benefit of $1,681. According to the California Employment Development Department (EDD), paid family leave for fathers who qualify can last up to eight weeks per year.
Our paternity leave attorneys in Los Angeles can help you seek any parental leave or wage replacement benefits you qualify for.
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How Do I Know if I’m Eligible for Paternity Leave?
Paternity leave laws apply to local, state, and federal employers, as well as educational agencies (such as schools) and private sector employees. According to the U.S. Department of Labor (DOL), you may qualify for unpaid FMLA paternity leave if any of the following apply to you:
- You work for a covered employer
- You have worked for the employer for at least 12 months (these months do not have to be consecutive)
- You have worked at least 1,250 hours during the 12 months before the start of your leave
- You work at a location where your employer has 50 or more employees within 75 miles
According to the California Civil Rights Department (CRD), to be eligible for CFRA paternity leave, you must also have worked for your employer for at least 12 months and have worked 1,250 hours in the 12 months prior to your leave. However, the CFRA applies to smaller businesses. You may qualify if your employer has five or more employees.
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What Are Common Examples of Paternity Leave Violations?
Common examples of paternity leave violations may include the following:
- Failing to inform employees of their right to FMLA or CFRA paternity leave
- Discouraging employees from taking leave
- Requiring excessive notice for leave
- Treating new mothers and fathers unequally (i.e., offering more parental leave to mothers than fathers)
- Retaliation against an employee for taking leave (i.e., disciplining, demoting, or firing an employee, or cutting their wages or hours)
- Discontinuing a worker’s employment benefits (such as group health care coverage) while they are on leave
- Failing to hold an employee’s job position until they return from leave
- Wrongfully denying leave
If you believe your employer violated your right to parental leave, our Los Angeles paternity leave lawyers can discuss your legal options.
What if I’m Fired or Face Discrimination Upon Return to Work from Paternity Leave?
If your employer fires you or discriminates against you after you return from leave, you may have a wrongful termination or retaliation claim. You should do the following:
- Document Communications with Your Employer – Keep records of conversations, emails, texts, and other communications regarding your leave, including leave requests and return-to-work plans.
- Speak with an Attorney About Your Rights – Our Los Angeles paternity leave attorneys can inform you about your FMLA and CFLA rights and discuss actions you can take against your employer if they were violated.
Can I Sue My Employer for Denying Me Paternity Leave or Firing Me for Using It?
You can sue your employer for denying you paternity leave or firing you for taking leave if their actions violated your FMLA or CFLA rights. Before pursuing a lawsuit, you may attempt to resolve your claim through negotiations or mediation. Our employment law lawyers can represent you in and outside of court. Reach out to us today to learn more about your legal options.
What Damages Could I Recover for Denied Paternity Leave or Retaliation for Using It?
Every employment law case is different, and the type and amount of compensation you can recover will vary based on the facts of your claim. In general, our attorneys can help you seek money for the following:
- Back pay, including wages and employment benefits
- Front pay for future lost wages and benefits
- Costs associated with the denial of your leave, such as child care fees
- Reinstatement of your employment after a wrongful termination, if desired
- Mental and emotional pain and suffering
- Punitive damages if your employer engaged in egregious, malicious, or discriminatory conduct
- Attorney fees and court costs
How Long Do I Have to File a Claim for Paternity Leave Violations?
According to the U.S. DOL, you should file FMLA complaints with the federal Wage and Hour Division “within a reasonable time” of when you discover your rights have been violated. If you file a civil lawsuit under the FLMA, you are subject to a statute of limitations. Generally, you have two years after the last action that violated your FMLA rights occurred to file a case. You may have three years if the violation was willful.
If your CFLA rights were violated, the California CRD states that you generally have three years to file an employment complaint with the department. If you wish to pursue a civil lawsuit, you must obtain an immediate Right-to-Sue notice from the CRD before you can file your case.
When you meet with a Los Angeles paternity leave lawyer from Moon Law Group, we can tell you more about deadlines that apply to your claim and help you meet them. Get in touch with us today to set up your free, confidential consultation.
Contact a Los Angeles Paternity Leave Attorney Today
Moon Law Group has recovered millions of dollars for tens of thousands of hard-working employees throughout California. If your employer violated your right to paternity leave, we can help you seek justice and pursue maximum compensation for your losses.
Contact our law firm to learn more about working with a paternity leave lawyer in Los Angeles during a free consultation. We do not charge upfront fees, and you do not owe us unless we obtain a successful resolution to your case.
Call or text 213-320-0519 or complete a Free Case Evaluation form
