La Palma Maternity and Paternity Leave Lawyer

La Palma Maternity and Paternity Leave Attorney

The birth of a child or the adoption of a child is a special time in a parent’s life. Spending time bonding is critical for a child’s emotional, social, and physical development, creating a foundation of trust and security. Bonding fosters brain development and helps infants feel secure. If you or a loved one has faced pushback or termination for taking parental leave, contact a La Palma maternity and paternity leave lawyer.

When to Hire a Maternity and Paternity Leave Lawyer?

California’s employment laws are complex and overlap with federal leave laws. It can be helpful to hire a maternity and paternity leave lawyer from The Law Office of Briana Kim, PC, to get a better understanding of how these state laws impact your case. We stand in your corner during negotiations or when working with an employer’s legal team. We can help you assert your legal rights or represent you in the Orange County Superior Court.

La Palma residents typically file cases with the Central Justice Center at 700 Civic Center Drive West in Santa Ana.

Overview of California Paternity and Maternity Leave Laws

California offers generous parental leave, with parents able to take up to eight weeks of partially paid leave through the Paid Family Leave (PFL) program at 70-90% of wages in addition to 12 weeks of job-protected leave through the California Family Rights Act (CFRA). Leave is protected under the Family and Medical Leave Act (FMLA) program.

Leave can be taken all at once or intermittently. Parents must provide a 30-day notice to employers. You’ll need proof of a relationship to the child to take the child bonding benefit. The same benefits apply if you give birth to or adopt a child.

Maternity leave laws allow eligible employees up to seven months total between the Pregnancy Disability Leave (PDL), CFRA, PFL, and the State Disability Insurance (SDI) program. Mothers are entitled to up to four months of job-protected leave under the PDL. PFL provides partial wage replacement (60-70% of earnings) for child bonding.

Eligibility Requirements for Parental Leave

PDL is required for employers with five or more employees. CFRA requires 12 months of work time or 1,250 hours. PFL applies to employees who have paid into the SDI. In order to file for PDL and SDI, contact the California Employment Development Department (EDD). For PFL, you submit a claim through the EDD within 41 days of starting leave.

Creating a Supportive Workplace Culture in California

In July 2024, the CRD in Orange County reached a $14.4 million settlement with Microsoft over allegations of discrimination and retaliation from multiple employees after taking parental leave. The settlement is a win for the CRD and the employees of Microsoft who were penalized for taking lawful and protected forms of parental and family leave. Microsoft has agreed to work with CRD and comply with the FEHA to avoid any further issues.

New parents face challenges when taking long leave periods. First, there’s an inevitable penalty for missing significant time. Young mothers face career setbacks when returning to work from extended maternity leave periods. A recent study found that 87% of mothers reported missing opportunities or promotions due to becoming a parent.

There is frequent contention when non-parent employees must consistently pick up the workload when parents take extended leaves. Managers and employees need to work together and offer both types of employees a supportive workplace. Employees who cover for others during parental leave may qualify for extra vacation days or other benefits.

Employers should consider fostering inclusive work environments that offer flexible work schedules for all employees and provide on-site childcare services for parents. Supporting a balanced work-life balance builds a loyal employee base and a stronger business.

FAQs

How Long Are the Standard Paternity and Maternity Leaves in California?

The standard paternity and maternity leave in California is up to 12 weeks of job-protected leave for both parents, including up to eight weeks of paid benefits. For maternity, this is in addition to four months of PDL. Total leave can go up to 28 weeks for new mothers. Eligibility for these benefits may depend on factors such as the size of the employer and the length of employment.

Do I Have to Use My Vacation or Sick Time for Parental Leave in California?

You may have to use vacation or sick time to cover maternity or paternity leave in California, depending on your employer. Check with your human resources department to see if you must use any time as part of your parental leave. If you are not an employee but work as an independent contractor, you don’t get vacation or sick leave. Contractors won’t receive pay during parental leave unless they are paying into the SDI program.

If I Only Work Part-Time, Can I Receive Paid Family Leave Benefits in California?

Yes, if you work part-time, you can receive paid family leave benefits in California. You must meet all the eligibility requirements. Start by filling out form DE 2501F to Claim for Paid Family Leave Benefits. Be sure to fill out all required sections of the form. Check “yes” for question A13, and, if you are a new mother, also check “yes” for question six. Fill out the rest of the form.

After Taking Maternity or Paternity Leave, Do I Have the Right to Job Reinstatement in California?

After you take an approved parental leave, you generally have the right to job reinstatement in California. Your employer must reinstate you to the same job or a comparable one. A comparable one must be the same or similar in terms of pay, duties, and location. For example, if you work as a software developer at an office in San Francisco, your boss cannot then make you work as a designer in Los Angeles.

Why Choose The Law Office of Briana Kim, PC?

When you’re ready to assert your rights to maternity or paternity leave, contact an experienced La Palma maternity and paternity leave lawyer from The Law Office of Briana Kim, PC. Briana Kim focuses her law practice on labor and employment litigation cases, including maternity and paternity leave disputes.

Our focus is on your maternity and paternity leave case. Contact us today to get started.

La Palma Maternity and Paternity Leave Lawyer Reviews

Locations

249 East Ocean Blvd, Ste 814
Long Beach, CA 90802

6 Centerpointe Dr, Ste 700,
La Palma, CA 90623