Baby Bonding Leave

While mothers have a lot of workplace rights, the begging question is what workplace rights fathers have due to the new baby? In 2018 California Government Code Section 12945.6 was enacted which allows men and women to take off from work in order to baby bond. But not all men can enjoy the privileges of this baby bonding statute.

Men and women can miss up to 12 weeks of work to bond with a baby if:

1. They have worked at the company for at least one year prior to the baby bonding leave
2. They worked more than 1,250 hours at the company during the last year
3. The company they want leave from has 20 or more employees in a 75 mile radius
4. The leave is taken within a year of the birth of the child.

Fathers who meet all the requirements for California baby bonding leave are supposed to be returned to a comparable position after the leave.

Mothers also have rights, including to a leave of absence, under California Government Code Section 12945 which protects women who are pregnant.

Baby bonding leave cases under the Fair Employment and Housing Act (FEHA), via California Government Code Section 12945.6, subject the losing employer to having to pay the attorney fees and costs of the employee who sues.

To recap, men and women may now take off up to 3 months from work merely to baby bond if they have worked at the company at least 12 months, at least 1,250 hours in the last year, and the job has at least 20 employees in a 75 mile radius of where the employee works. New fathers can be fired because they want baby bonding if they work for a company with less than 20 employees in a 75 mile radius, or they are essentially part time working only 20 hours a week. The right not to be fired due to baby bonding has nothing to do with whether a man can get 6 weeks of partial pay through the EDD for baby bonding or the birth of a child. Baby bonding is a separate issue than needing to care for a child with a serious medical condition or permanent disability.

Besides the baby bonding leave, men are entitled to 6 weeks of partial pay from the Employment Development Department. This is the same department that supplies unemployment benefits. Employees who receive up to six weeks of partial pay through the EDD for baby bonding, but who are not eligible for baby bonding under FEHA in order to bond with a new child can be fired for missing work solely to bond with a baby.

CALL 1-877-525-0700 FOR A BABY BONDING LAWYER

Family Medical Leave Does Not Cover Baby Bonding

The Federal Family Medical Leave Act does not really cover baby bonding. There are some federal cases stating that if the employer offered baby bonding in their written policies they were equitably estopped from claiming they were not offering baby bonding, but the Federal FMLA did not actually cover baby bonding. Being equitably estopped does not ensure the rights and remedies of the FMLA.

The California Family Rights Leave Act (CFRA) requires at least one year of work at a company of 50 or more employees in a 75 mile radius, and 1,250 or more hours of work. Employees who satisfy these prongs are entitled to leave for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious health condition of a child of the employee. Nothing in the CFRA guarantees a right for general baby bonding. Nothing states the birth of a child means getting to know the child. This act was originally merely intended to protect a male employee who had to actually care for the child or the mother of the child because the mother perhaps had a C-Section and could not move for a week, or was suffering some type of serious medical condition the father of the child had to actually care for.

Family Medical Leave and CFRA are not Childcare Statutes

The Family Medical Leave Act and the California Family Rights Leave Act were never intended to be day care statutes. In other words, missing time to care for a child who is not suffering from a serious medical condition is beyond the coverage of FMLA or CFRA.

The hard question is what if the employee has to care for a child who is five days old? What if the child is one month old and does not have a serious medical condition, but the parent must miss work because their daycare is closed? Do fathers have different rights than mothers in these situations? Questions like these must be answered in consultation with an experienced leave of absence lawyer.

Employees who need to take time off from work due to the discipline of a child at school have rights. Employees must also be able to use half of the sick days they would accrue in a six month period in order to care for a child.

CALL 1-877-525-0700 FOR A LEAVE OF ABSENCE LAWYER

Family Medical Leave and CFRA are Not Childcare Statutes

The Family Medical Leave Act and the California Family Rights Leave Act were never intended to be day care statutes. In other words, missing time to care for a child who is not suffering from a serious medical condition is beyond the coverage of FMLA or CFRA.

The hard question is what if the employee has to care for a child who is five days old? What if the child is one month old and does not have a serious medical condition, but the parent must miss work because their daycare is closed? Do fathers have different rights than mothers in these situations? Questions like these must be answered in consultation with an experienced leave of absence lawyer.

Employees who need to take time off from work due to the discipline of a child at school have rights. Employees must also be able to use half of the sick days they would accrue in a six month period in order to care for a child.

Call 1-877-525-0700 for a legal consultation about a baby bonding rights.