One of the things that sets California apart nationally is the sheer number of protections provided to workers. For example, state laws ensure that employees of small businesses have the right to take protected leave when welcoming a new child into the family. Whether you work for a company with five employees or five hundred, your parental leave rights remain intact. Let’s break down the laws protecting parental leave for workers at small businesses, what to do if your request is denied, and how Le Clerc & Le Clerc, LLP, can help protect your rights.
California Parental Leave Laws Overview
California has some of the most employee-friendly parental leave laws in the country. Two major laws provide protection for workers, regardless of the size of the company they work for: the California Family Rights Act (CFRA) and the Paid Family Leave (PFL) program. Understanding how these laws apply to you, even if you work for a small business, is essential to ensuring you receive the benefits you’re entitled to.
California Family Rights Act (CFRA)
The California Family Rights Act is a comprehensive law that provides job-protected time off for employees who need time off to care for a newborn or newly adopted child. One common misconception is that only employees at large companies can benefit from CFRA, but the reality is that the law applies to businesses with as few as five employees.
Under CFRA, eligible employees can take up to 12 weeks of unpaid, job-protected leave to bond with a new child. This time can be taken at any point within the first year of the child’s birth, adoption, or foster care placement. While CFRA does not guarantee paid leave, it ensures that your job (or an equivalent role) will be waiting for you when you return.
Paid Family Leave (PFL)
In addition to CFRA’s job protections, California offers the Paid Family Leave program, which provides partial wage replacement during parental time off. While this program is also available to workers at large businesses, the key detail is that it applies equally to employees of small businesses.
PFL is funded through payroll deductions, so even if you work for a small business, you are contributing to this program. Eligible employees can receive up to eight weeks of partial wage replacement while bonding with a new child. This wage replacement is typically around 60-70% of your usual salary, depending on your income.
Small Business Obligations Under Parental Leave Laws
Even if your employer only has a handful of employees, they are still legally obligated to comply with California’s parental leave laws. These obligations ensure that you don’t have to choose between your job and your family.
Eligibility Requirements
Not every employee automatically qualifies for parental time off under CFRA. To be eligible, you must meet the following criteria:
- You must have worked for your employer for at least 12 months.
- You must have logged at least 1,250 hours of work in the past year.
- Your employer must have at least five employees.
If you meet these requirements, your employer is required to provide you with up to 12 weeks of job-protected time off to bond with your new child.
Employer Responsibilities
When you take protected leave under CFRA, your employer is responsible for maintaining your health benefits during your time away. This means they must continue paying their share of your health insurance premiums while you are away. Upon your return, your employer must also provide you with the same position you held before your leave or a comparable one if your previous role is no longer available.
Small businesses are not exempt from these responsibilities. In fact, failing to comply with CFRA can lead to significant legal consequences for employers, including potential lawsuits for wrongful termination or failure to reinstate.
What to Do If Your Parental Leave Request Is Denied
Unfortunately, not every employer abides by California’s protected leave laws. If your request for parenting time has been denied, it’s important to take action immediately to protect your rights. Here’s what you should do if your request is rejected:
Immediate Steps to Take
The first thing you should do is ask for the reasons behind the denial in writing. Employers are often reluctant to provide written documentation of their refusal, but having this information is critical for any future legal action. It’s also important to verify that you meet the eligibility requirements under CFRA, including having worked the requisite number of hours and being employed for at least 12 months.
Document every interaction you have with your employer regarding the denial. Save all emails, text messages, and notes from conversations, as these could serve as key evidence in a legal dispute.
Seeking Legal Help
If your employer has denied your parental leave request, it’s often best to consult with an experienced employment lawyer to determine your next steps. Parenting time laws are complex, and employers may try to exploit loopholes or misunderstand the law’s requirements.
At Le Clerc & Le Clerc, LLP, we specialize in helping workers who have been denied their rightful parental leave. Our experienced attorneys can help you navigate the legal process, whether through mediation, administrative claims, or filing a lawsuit. We fight to ensure that your rights are protected, and that you are not penalized for choosing to take time off to bond with your child.
Talk to Professional Maternity Leave Lawyers at Le Clerc & Le Clerc, LLP
California’s parental leave laws are designed to protect employees, even those working for small businesses. If you’re eligible under CFRA, your employer must provide you with job-protected leave, and you may qualify for wage replacement through the PFL program. Should your employer deny your time off request, don’t hesitate to take action. Document your communications and seek legal guidance to ensure your rights are upheld.If you’ve been denied parenting time or need advice on your legal rights, contact Le Clerc & Le Clerc, LLP, today for a consultation. We’re here to help you defend the time you deserve with your new family member.