Childbirth is a big event in any family. Employees will like to have enough time with the child so that they can bond. Unfortunately, the time allocated for the parents to create bonds with the child may not be enough. The law states clearly when you are allowed to seek paternity leave so that you can have time with the baby and create the bond. Mothers are offered pregnancy leave and then the paternity leave so that they can bond with the baby. But, men employees are only offered paternity leave where they can bond with the baby. There are several aspects of the law you need to understand so that you can find it easy when trying to seek the leave from your employer.

What Is a Parental Leave?

It is a child bonding leave. The paternity leave allows you to take some time off from your workplace so that you can spend time with the new baby and create a form of a bond. In states such as California, parental leave refers to a combination of pregnancy disability leave and parental leave.

Employers Who Must Offer Parental Leave

According to Federal Family Medical Leave Act (FMLA) requires workplaces with more than 50 employees to access a 12-week paternity leave so that they can interact with the new child. There are different factors which can determine the paternity leave. They include the following:

• The employee should have worked more than 12 months in the company to qualify for the leave
• In the previous year, the employee should have worked for more than 1,250 hours in the same company.
• The employee should work in an employer with at least 50 employees who work in a radius of fewer than 75 miles.

Do You Get Paid During Parental Leave?

Generally, employers are not mandated to pay for parental leave. But, there are some cases such as city ordinance where some employers can decide to offer some form of payment. You can as well use your accrued vacation and sick leave so that you can access some form of payment during your leave.

Do You Have the Right to Get Reinstates?

When paternity leave ends, you get reinstated in the same position where you served before leave. The reinstatement requires you to access the same privileges which you used to enjoy before the leave. How do you Request Parental Leave? You are supposed to give a 30-day notice for you to access the leave. If the leave is unforeseeable, then you should let the employer know as soon as possible.

Photo Credit: Shutterstock/Olesia Bilkei

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Photo Credit: Olesia Bilkei/Shutterstock.com

Paternity leave is defined to be a time off from work that a father who has just had his child or adopted a child is entitled to. This leave is under the Federal Family and Medical Leave Act. Although a few states offer paid paternity leave, the act guarantees 12 weeks of unpaid leave.

The California Family Rights Act (CFRA) demand that employers that have more than 50 employees should offer their employees unpaid leave. From January 2018, employers with more than 20 employees are required to offer the same leave condition thanks to the New Parent Leave Act (NPLA).

Who is Eligible for Paternity Leave?

There are conditions to be eligible for these leave provisions. One must have worked for the particular employer for at least 12 months preceding the leave. This translates to 1250 hours. The work location should also be such that the employer has the at least 50 employees within a 75 mile radius.

The Time You Get

If one is eligible for the leave, you are allowed to take 12 weeks leave within the first year of the arrival of the child whether by birth, adoption, or foster placement. The fathers get to enjoy the same leave amount as the mothers. However, the female employees are entitled to additional time due to the fact that they get pregnant and give birth. Female employees have more privileges courtesy of the California Pregnancy disability leave

Reinstatement Following the Leave

At the end of the leave, the employer is required to reinstate the employee. The reinstatement must be on the same position held before the leave or a comparable position. The comparison under these circumstances should be with regard to the remuneration, location, and duties. These laws are provided to prevent any form of discouragement from taking the leave through punitive measures.

Requesting the leave

There is a provision by law on how to request a leave. For paternal leave, the request must be made with at least 30 days’ notice considering that the leave is foreseeable. If the leaver is not foreseeable in cases such as early birth, the employee is obliged to give notice on the soonest and practicable period.

The spirit of the law with regards to parental leave is to allow parents and their newborn to bond. Children who have just been born need the attention of both parents. On the other hand, new parents are often not able to concentrate and be psychologically present at work. This period eases this transition of state for both parent and child

Photo Credit:Shutterstock/Olesia Bilkei

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