In the United States, welcoming a new family member is an exciting and transformative time. However, understanding and accessing your maternity and paternity leave entitlements can be challenging. At the Law Offices of J. Kirk Donnelly, we are here to help you navigate these rights and make sure you receive the support you deserve.
Maternity Leave
The Family and Medical Leave Act (FMLA) allows up to 12 weeks of unpaid leave that eligible employees can take for the birth of a child or to care for a newborn. To be eligible under FMLA, you must have worked for your employer for at least 12 months and at least 1,250 hours in the past year. Moreover, your employer must have a workforce of minimum 50 employees within a 75-mile radius.
In California, pregnant workers can also access Pregnancy Disability Leave (PDL), which offers up to 4 months of leave for pregnancy-related conditions. During this period, you may receive a portion of your salary through the state disability insurance.
Paternity Leave
Fathers also have rights under FMLA to take up to 12 weeks of unpaid leave for the birth and care of a new child. California also offers the California Family Rights Act (CFRA), which provides up to 12 weeks of unpaid leave for new parents.
It’s important to note that while FMLA and CFRA provide unpaid leave, you may be eligible for benefits from the state disability insurance or the Paid Family Leave (PFL) program, which provides up to 8 weeks of paid benefits for caring for a new child.
Rights and Protections
During your leave, you have the right to maintain your job or an equivalent position upon returning. Additionally, your employer cannot retaliate against you for taking the leave you are entitled to. If you face any type of discrimination or retaliation, it is essential to seek legal advice.Understanding your maternity and paternity leave rights ensures you can dedicate time to your family without worrying about job security. At the Law Offices of J. Kirk Donnelly, we are here to guide you and protect your rights. If you have any questions or need assistance, don’t hesitate to get in contact with us.