What Are Papa’s Rights To Bond With His Heir? – California

Hi Dad!

I’m so happy you’re here trying to educate yourself on your rights. We need you! Seriously, we do.

I am not going to sugarcoat it. It may be difficult for you to assert your paternity leave. I know that the law is on your side if you work in California for an employer with 5 or more employees. But you still have to push back against the social stigma on dads taking leave.

The movement for dads’ rights is still in its infancy. There are still employers who think dads taking leave means they’re just gone fishin’ while their wife is home with the baby. They don’t understand that mamas and babies need papa to be home to take care of them.

Alright papa, are you ready? Here’s your rights:

First of all, you are not entitled to disability leave. I know it’s stressful to care for a pregnant woman demanding cookies at 3am, but the stress of dealing with your pregnant wife is not a disability. Only moms can receive disability leave, but you are entitled to bonding leave if you meet the eligibility requirements:

Do you work for a California company with 5 or more employees?

Your Right to 12 Weeks of Bonding Leave

First, a math test. To be eligible for bonding leave, you need to say yes to the following three questions:

  1. Do you work for a company with 5 or more employees within 75 miles ?
  2. Have you worked for this company for at least one year as of the start date of your leave?
  3. Have you worked for more than 1250 hours (about 24 hrs/week) as of the start date of your leave?

If you answered yes to all three, you can take 12 weeks of bonding leave within one year after birth of your child.

Additional guidelines on bonding leave:

  • You can take the leave in two week increments/ twice in increments of less than two weeks.
  • Your employer does not need to pay you while you are on leave, but you are able to offset some of your financial loss through state benefits.
  • Your employer does need to keep you on the health plan.
  • Your employer may not deny your bonding leave because of it would be a hardship on the business. Your employer may not restructure your job or force you to take a modified schedule in lieu of your leave.

If your baby or baby mama has a serious health condition, you may be entitled to additional leave. This is a complicated area of law so you should consult with an attorney.

Do you work for a California company with less than 5 employees?

You don’t have any rights to paternity leave. I know. This is awful. There are a few exceptions under local ordinances. You can also use your sick days for the birth and care of your child. You should get at least three days of paid sick leave in a year.

Even if you’re not entitled to paternity leave, still try to get some time off. You can explain that it will make the company attract talent because they will be known as a goodhearted employer, supportive of families.

I know that taking your paternity leave is difficult. Your boss may make snarky comments like “back in the day I came back to work the day after my first born’s birth.” This is more about them than you. They obviously are still holding on to that and they want everyone to suffer like they did.

Times are different now, but it’s still hard for dads to take leave. Even my own husband who was working as an HR Director and was married to an employment lawyer did not take his full paternity leave. Read about why we need you to take leave here.

I am 100% sure that a lot of fathers don’t even know about their right to paternity leave. To the contrary, I’ve talked to many dads who had no idea they were allowed to take time off. Please tell your brothers, your friends, and your sons. Share this article. Let’s start a movement for dads’ leave rights.

We dive deep into your rights as a parent at work in The Mamattorney Academy, which offers expert legal education, videos, attorney-drafted SCRIPTS, community, workshops, and monthly live calls. This Academy was created with a special focus on women and parents who work, with sections on expanded state-specific rights where applicable. The Academy will tell you exactly which laws apply to your situation and will teach you how to strategically use those laws as a tool to set healthy boundaries at work and get paid your worth.

I’m on a mission to educate every woman on her rights at work. You probably have more rights than you think you do. You CAN advocate for yourself in a way that is well-received and protected. You CAN successfully combine a family life with your job. You do NOT have to compromise your health, your time at home, or your career growth. You just need to know your rights, and how to use them. Join us.

If you are experiencing a specific legal matter, please fill out my intake form here.

DISCLAIMER – This blog is for educational purposes and to give general information and a general understanding of the laws relating to California employment law. It is not intended to provide specific legal advice, nor should you use it for that purpose. By using this blog you understand there is no attorney client relationship between you and the Mamattorney or Delvaux Law and you should not use this blog as a substitute for competent legal advice from a licensed attorney in your state. We don’t know anything about your particular situation, and the law has many exceptions. If you have a dispute with your employer, you need to consult with an employment lawyer.

Hi, I’m Daphne

I’m a mother as well as owner of Delvaux Law, the nation’s FIRST law firm devoted entirely to women’s rights at work. I help mothers when there’s an obstacle or conflict at work preventing them from caring for their babies or themselves, or when having a baby puts their job at risk or actually results in job loss. When companies don’t follow the rules, the burden falls on our families. Mothers need an advocate who understands their rights, and an advocate who understands life as a working mom, including how important it is for your time with your baby to be stress-free so you can heal and bond without anxiety or pressure. I have a track record of success in standing up to corporations that don’t respect their pregnant employees, including a $1,000,000 result for a pregnancy discrimination case. You need someone in your corner to help you navigate the complex laws ignored or abused by your employer, so that you can focus on enjoying your sacred time with your new baby. I’ve got you, mama. Click here to learn more about my success record.
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