What to Do if Your Paternity Leave Is Rejected in California?

Expectant parents are guaranteed certain rights under California labor laws. It is important to understand your rights as a worker in California, and a skilled employment lawyer can help you figure out what to do if your paternity leave is rejected in California. The state’s paternity leave laws are in place to provide support to new fathers who are in need of time to bond with their newborn children.

Why Hire an Employment Lawyer From Shirazi Law Firm, PC

When you’ve been denied paternity leave, the last thing you want to do is worry about filing a claim against your employer to defend your rights to bond with your child or care for your partner. You have enough to worry about without the added stress of the legal system. That’s why you should hire a Los Angeles employment lawyer from Shirazi Law Firm, PC.

Since 2011, our firm has been giving workers in California the legal assistance they need to protect their rights and pursue compensation for their losses when employers break the law. We know how important it is for new parents to spend time with their families, and that’s why we work tirelessly to help you, whether it’s in settlement negotiations or courtroom battles. You can rely on us to provide the dedicated and compassionate support you need.

Paternity Leave in California

In 2023 to 2024, 44.48% of leave requests for bonding time were made by men. The California Family Rights Act (CFRA) guarantees paternity leave to expectant fathers if they meet certain eligibility requirements through their employers. Those eligibility requirements include:

• The employer you work for must employ at least five employees.
• You must have worked for your employer for at least 12 months prior to the start of your leave.
• You must have worked at least 1,250 hours for your employer in the previous 12 months.

If you meet all three of these requirements, you are eligible for unpaid paternity leave for up to 12 weeks in a 12-month period.

California’s Paid Family Leave (PFL) Program

While CFRA assistance is unpaid, there is another option through California’s Paid Family Leave program. Depending on your situation, you may qualify for the program through the California Employment Development Department. You may be eligible for this program if you meet some of the following criteria:

• You are unable to perform your current job because you need to take care of a new child.
• You’ve lost out on your wages due to taking family leave.
• You are either employed or actively looking for employment at the time that your family leave starts.

You can file for PFL benefits by mail or online. Your benefits will begin on the first day that you are unable to work because of your family leave. Be sure to file your claim no earlier than the first day and no later than 41 days after your family leave starts.

What Counts as a Valid Leave Request?

When planning your paternity leave, it’s important to give your employer advance notice. If possible, it’s ideal to provide at least 30 days’ notice for bonding leave. Under the CFRA, you can provide this notice either in writing or verbally. Even a conversation or an email would suffice, though putting it in writing helps you prove the request occurred in case of a denial.

Under FMLA, you don’t specifically have to invoke the name of the act to receive its protections. Simply by describing the reason for taking leave, it should be enough to qualify. Regardless, under state and federal law, your employer should respond to the request within five business days. If they do deny your request, an FMLA lawyer would advise you to ask for a reason in writing. This helps create a record of the denial in the event you need to challenge it later.

Rejected Paternity Leave

If you qualify for paternity leave under the CFRA or the PFL program, your employer cannot legally reject your request for paternity leave. If your employer downright refuses to let you leave or attempts to reduce the amount of time you intend to take, here are some steps you can take to try to rectify your situation:

• Consult with an employment lawyer. Employment lawyers focus on issues that employees have with their employers or prospective employers. They assist their clients with discrimination suits, wage and hour problems, and denials of leave, among other situations. You may want to consider taking your case to an employment lawyer who can provide you with their assessment of your situation. They can help you develop your case and work from there.
• File a complaint. If your employer refuses to grant you the paternity leave that you qualify for, you can file a complaint with the California Civil Rights Department (CRD) with the help of your attorney. The CRD takes violation complaints very seriously and can conduct its own investigation into your claim to determine its accuracy. If they find evidence of wrongdoing, they may launch their own claim against your employer.
• Negotiate with your employer. A majority of complaints are resolved without having to go to trial. With the help of your attorney, you can negotiate an agreement with your employer to receive the leave you’re entitled to, as well as compensation for any losses you may have incurred. In some cases, the CRD can help facilitate mediation between employees and employers for free, preventing the need for further legal action.

A knowledgeable and experienced employment lawyer can help you identify the next steps depending on the circumstances of your situation.

What Remedies Might Be Available for an Illegal Denial?

If your request for paternity leave was illegally denied by your employer, you have several remedies available to you under California employment laws. These can include back and front pay, reinstatement, restoration of benefits, emotional distress damages, attorney’s fees, and policy or training changes where appropriate.

In serious cases, you could also receive punitive damages for your losses. Note, punitive damages aren’t about compensating you but rather punishing your employer for their harmful behavior.

If your employer has wrongfully denied your request, consult an experienced attorney regarding your parental leave case. You can discuss the details of your request and denial, and your lawyer can help you understand how the state’s paternity leave laws impact you. From there, you can work together to create a legal strategy for pursuing damages and being made whole again.

FAQs About What to Do if Your Paternity Leave Is Rejected in California

Can You Be Denied Paternity Leave in California?

You cannot be denied paternity leave in California. If you qualify for unpaid paternity leave under the CFRA, then your employer must honor your request. They may not act in any retaliatory manner nor replace you with another employee during your leave. Employers are required to allow their qualifying employees to take necessary paternity leave under state and federal regulations.

What if the Employment Development Department (EDD) Denies Your Paid Family Leave?

If the EDD denies your paid family leave application, you have the option to file an appeal. You have the right to appeal their decision by completing the proper form within 30 days of the issue date of your denial. If you need assistance filing your appeal, you may want to consider reaching out to an experienced employment lawyer who can help you figure out your next steps.

How Long Can I Receive PFL Benefits?

You can receive Paid Family Leave benefits for up to eight weeks within a 12-month period for bonding with your child, caring for an ill family member, or for a military-related displacement. You don’t have to take the full eight weeks all at once. You can break them up into manageable chunks. If you are a parent who is taking leave from work to bond with your child, your PFL benefits may only last during the first year.

What Do I Do if My Paternity Leave Rights Are Violated?

If your paternity leave rights are violated by your employer, the very first thing you should do is contact an employment lawyer. An employment lawyer can advise you on a proper course of action to not only secure your paternity leave but also to hold your employer accountable for their illegal activities. Be sure to document everything, report your issue to your company’s HR department, and file a complaint with the CRD.

Reach Out to an Experienced Employment Lawyer Today

Having a baby can be one of the most important milestones in someone’s life. California guarantees the right to paternity leave for qualifying employees. The last thing you should be concerned with as a new parent is your employer’s refusal to let you take the time you need to bond with your child. An experienced employment lawyer can help you build your case against your employer and hold them accountable for their misguided actions.

The legal team at Shirazi Law Firm, PC, can provide you with a plan of action that can help you through this stressful time. We can gather the evidence you need to support your claim, assist you with your PFL application, and make sure you aren’t taken advantage of at any point during this process. Contact us to schedule a consultation with one of our valued team members today.