What Paternity Leave Law Entails

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.