Coming back from paternity leave should feel like a return to stability and support, not like you’re facing negative treatment for becoming a parent. But if your employer starts cutting your hours or pushing you out of projects, it may be more than a coincidence.
This type of treatment may be a form of retaliation. Retaliation happens when an employer punishes you for using a legal right, like taking paternity leave.
Common signs of retaliation after paternity leave
If you notice major shifts in your role or how your employer treats you upon your return, you may be a victim of retaliation. Here are some signs to watch out for:
- You are excluded from team meetings without explanation
- You are scheduled for inconvenient shifts or assigned fewer hours
- You lose access to high-level responsibilities or key projects
- You receive unfairly low performance reviews
These adverse actions may persist, making you feel sidelined or excluded over time.
Your legal rights after paternity leave
The California Family Rights Act (CFRA) protects your employment when you take paternity leave, as long as you meet three conditions:
- You have worked at your job for at least 12 months
- You completed 1,250 work hours in the past year
- Your company employs at least five people
Similarly, federal law also offers protections through the Family and Medical Leave Act (FMLA). It allows up to 12 weeks of unpaid, job-protected leave for bonding with a newborn for eligible employees. To qualify for FMLA, your workplace must have at least fifty employees within a 75-mile radius of where you work. Smaller or remote companies often do not meet the coverage requirements, possibly excluding workers from these federal protections.
What to do if you suspect retaliation
If your schedule, duties or treatment at work noticeably worsens or becomes unfair after paternity leave, start keeping records immediately. Save copies of any written materials—such as emails, work schedules, messages or performance reviews—that demonstrate how things have changed.
Write down dates, who was involved and what happened. These details can support your case if you need to file a formal complaint.
You are not alone in this. Start by reaching out to a trusted resource who can assist you, such as your HR department, a union representative, a state labor office or a legal aid group. You can also speak with an employment lawyer, who can help you understand your rights and build a strong case if your employer crossed a legal line.
Why reporting retaliation matters
If your job status changes without a clear reason after having taken paternity leave, consider speaking up. Reporting retaliation not only protects your rights—it can also lead to workplace accountability and help prevent others from facing the same treatment.