Men and women can suffer from paternity leave discrimination

On Behalf of | Jul 22, 2021 | Parental Leave, Pregnancy Discrimination |

Some employers or work colleagues in California treat pregnant mothers and expecting fathers differently as they do others. If you have ever suffered from or fear that you could be subject to discrimination and unlawful workplace treatment, here is what you need to know to help your case.

Parental leave in California

Parental leave is when fathers or mothers are provided some time off work to bond with their children following birth, adoption or foster care placement. The California Family Rights Act, or CFRA, gives you the right to take some time off work to bond with your child without interfering with your job or salary.

Any instances of pregnancy discrimination, such as being treated unfavorably due to having a child, are illegal in California. The same applies to fathers; you have the right to fair treatment at work when you have a child.

Laws regarding paternal leave

The CFRA, the federal Family Medical Leave Act or FMLA, and California Paid Family Leave are the three main bodies navigating parental rights. According to the FMLA and CFRA, you have a right to up to 12 weeks unpaid leave. The only conditions here are that the number of employees at your workstation should be at least 50, and you should have worked for a minimum of 12 months for your employer.

For Paid Family Leave, you are eligible to receive 60% to 70% of your salary for a period of up to eight weeks. However, this doesn’t protect your job.

If you feel in any way that your employer or work colleagues are not being fair to you based on your pregnancy or for other reasons, you should fight for your rights. If you are unsure of your qualifications or how to demand your rights, consider consulting an attorney to guide you through the process.