navigating California Parental Leave
Navigating California Parental Leave
Pregnancy is an exciting time for parents, but there are many challenges that expecting parents face when getting ready to welcome a new child home. Additionally, having time off work to bond with your new baby after childbirth is also equally important, but can be tricky to navigate through when attempting to obtain parental leave approval from your employer.
In many cases, mothers may need to take off time off work before or after having a child. However, many new fathers do not realize these laws also apply to them as well. Here is an extensive guide as to the different types of parental leave for new parents and how to request for leave, in the least stressful way, during this joyous time.
Both state and federal law gives employees of businesses with 50 employees or more the right to take time off to care for their family members who may be in need. This includes taking care of an unwell family member or welcoming an adoptive, foster, or biological child into the home. There are many different types of paid and unpaid leaves, therefore, it is important to sit down with your partner and discuss which types of leave are beneficial for you and your new family.
The Family and Medical Leave Act
It is extremely important that an employee who would like to file for FMLA leave to notify their employer as soon as possible so that both parties have a shared understanding of the terms of the leave. The forms on the U.S. Department of Labor website will help you get set up with starting the process to file for FMLA. Generally, the employee must notify their employer at least 30 days before the start of the leave. However, sometimes leave dates are unforeseeable, which in this case the employee most notify their employer of their absence as soon as possible and practical. Failure to do so could potentially delay or deny their FMLA leave.
California Family Rights Act
Paid Family Leave
California Pregnancy Disability Leave
In California, any employer with 5 or more employees must provide pregnancy disability leave for their employees. Disability leave may be taken as soon as a mother is not able to work due to her pregnancy. A mother who is in need of disability insurance may file a claim online on the Employment Development Department (EDD) website.
Paid Time Off (PTO)
As reiterated above, it is important to notify an employer no later than 30 days prior to when you plan on taking time off due to a pregnancy or care for a new child. Important details to include in a request are:
- How long you will be out on leave for;
- The dates leave will be taken;
- Sufficient facts to let the employer know whether the you are seeking disability or parental leave; and
- Any information about the employee’s situation that could help.
If you feel like your employer is discriminating against you for being pregnant please take a look at our pregnancy discrimination page for more information.