Welcoming a new child is an exciting milestone. California law ensures eligible employees do not have to choose between supporting their family and maintaining job security.
The California Family Rights Act (CFRA) allows eligible employees to take paternity leave after the birth, adoption, or foster placement of a child. CFRA provides job-protected leave, so employers generally cannot terminate, discriminate, or retaliate against employees for using this right.
However, many employees are unsure how paternity leave works, whether it requires employer approval, if it is paid, or what steps to take if their rights are violated.
If your employer has denied your paternity leave, threatened your job, reduced your hours, or retaliated against you for taking family leave, contact an experienced California employment lawyer to discuss your options.
Paternity Leave in California
Paternity leave allows eligible parents to take time off work to bond with a new child after birth, adoption, or foster placement. California’s family leave protections apply to any qualifying parent, regardless of gender, marital status, or how the child joined the family.
Under the California Family Rights Act, eligible employees may take:
- Up to 12 weeks of job-protected leave in a 12-month period.
- Leave to bond with a newborn, adopted, or foster child.
- Leave taken all at once, on a reduced schedule, or intermittently, when approved.
- Protection from demotion, discipline, or termination for exercising this right.
CFRA leave is typically available any time within the first year after a child’s birth or placement.
How Does the California Family Rights Act Protect Paternity Leave?
The California Family Rights Act (CFRA) gives eligible employees job-protected leave for their own serious health condition, to care for a family member, or to bond with a new child. For new parents, CFRA guarantees the right to return to the same or a comparable position after leave.
Employers covered by CFRA cannot legally:
- Deny an eligible employee’s protected leave request.
- Discourage or pressure an employee from taking leave.
- Reduce hours, pay, or responsibilities because of a leave request.
- Terminate, demote, or otherwise punish an employee for requesting or taking leave.
- Fail to reinstate the employee to an equivalent position afterward.
Who Qualifies for Paternity Leave Under CFRA?
Not all employees are automatically covered. To qualify for CFRA paternity leave, an employee generally must:
- Work for a covered employer (5 or more employees, following 2021 amendments that expanded CFRA to smaller businesses).
- Have worked for that employer for at least 12 months.
- Have worked at least 1,250 hours in the 12 months before the leave begins.
The CFRA generally applies to private employers with five or more employees, as well as certain public employers.
If you are unsure whether you qualify for California paternity leave, consult an employment attorney to determine if your employer is complying with the law.
Is Paternity Leave Paid in California?
CFRA leave is unpaid; its primary benefit is job protection. However, most eligible employees can receive wage replacement through California’s Paid Family Leave (PFL) program, administered by the Employment Development Department (EDD).
California Paid Family Leave may provide partial wage replacement during bonding time with a new child. Employees may also combine benefits such as:
- California Paid Family Leave benefits
- Employer-provided paid time off
- Vacation benefits
- Sick leave when applicable
It is important to understand that job protection and pay during leave are separate. An employer must protect your position, regardless of whether you receive income while on leave.
Can an Employer Deny Paternity Leave in California?
If an employee qualifies for CFRA leave, an employer generally cannot deny protected paternity leave or interfere with the employee’s rights.
If an employee meets CFRA eligibility requirements, an employer generally cannot deny protected leave or interfere with the employee’s rights. However, employees in Sacramento and throughout California regularly report:
- Employers refusing to approve legally protected leave.
- Pressure to return to work early or to “check in” throughout leave.
- Negative comments, exclusion, or a changed attitude after a leave request.
- Reduced responsibilities, hours, or client accounts upon return.
- Demotion or termination shortly after requesting or taking leave.
These actions may constitute unlawful interference or retaliation under California employment law, each with distinct legal remedies.
If you believe your employer denied your paternity leave in California or retaliated against you for taking family leave, Contact Shimoda & Rodriguez Law, PC for a free consultation.
What Should Employees Do Before Requesting Paternity Leave?
- Review your employer’s leave policy. Understand notice requirements, required forms, and documentation.
- Give notice when possible. Reasonable advance notice (30 days when foreseeable) protects both you and your employer’s ability to plan.
- Submit your leave request in writing. Even if your employer’s process is informal, a written or emailed request creates a record.
- Keep every document. Save leave requests, approval or denial notices, PFL correspondence, performance reviews before and after leave, and any messages referencing your leave.
- File your PFL claim separately and promptly. Do not assume CFRA approval will automatically trigger PFL payments; the 41-day filing deadline still applies.
- Know your rights in advance. If you have concerns about the process, consulting an employment attorney before requesting leave can help prevent future issues.
What If My Employer Retaliated Against Me for Taking Paternity Leave?
California law protects employees from retaliation for exercising CFRA rights. Possible signs of retaliation include:
- Termination shortly after requesting or returning from paternity leave.
- Sudden negative performance reviews with no prior history of issues.
- Being passed over for promotions or raises you were previously on track for.
- A hostile work environment or exclusion from meetings and projects.
- Your position being “eliminated” or restructured shortly after your leave request.
If you experience any of these actions, document the timeline carefully. Retaliation claims often depend on how closely the negative action followed your protected leave request.
Protect Your Rights During Paternity Leave in California
New parents deserve the opportunity to bond with their children without fear of losing their livelihood. The California Family Rights Act, the New Parent Leave Act, and California’s Paid Family Leave program provide important protections. However, navigating these overlapping laws can be challenging, especially if an employer resists.
At Shimoda & Rodriguez Law, PC, our employment attorneys help employees throughout the greater Sacramento area and statewide understand their leave rights and pursue remedies when employers fail to follow the law.
If your employer denied your paternity leave, interfered with your rights, or retaliated against you, contact Shimoda & Rodriguez Law to discuss your options.