Maternity and Paternity leave

Knowing your rights under federal law is vital as a new parent. At Le Clerc & Le Clerc LLP, we step in to protect mothers and fathers who need to take leave to care for their spouse or child.

Learn more about your rights as a new parent by clicking below:

Frequently Asked Questions

How much time off do fathers get for paternity leave in California?

Fathers are granted equal leave to mothers under the California Family Rights Act (CFRA). Under the CFRA, all covered employees have the right to take up to twelve weeks of unpaid leave from their jobs to welcome a new child to the family. Additionally, under the Paid Family Leave (PFL) program, all new parents are eligible for state benefits to replace part of their wages for up to eight weeks, regardless of gender.

How much paid leave do you get for paternity in California?

The Paid Family Leave program compensate eligible new parents taking time off work to welcome a new child 60-70% of their average wages for up to eight weeks. This is capped at $1620 per week.

In addition, some municipalities may offer additional programs or payments to make up the rest of your salary.

Do employers have to pay paternity leave?

The state of California does not require employers to compensate workers on paternity leave. Employees can apply for PFL to receive up to 70% of their salary, but this comes from the state.

Some municipalities do require employers to cover at least some portion of pay. For example, San Francisco requires covered employers to cover the gap between the amount paid by PFL and the employee’s average salary, to ensure their income does not change during leave.

Who qualifies for paid parental leave in San Francisco?

There are several restrictions on San Francisco’s paid parental leave by employers. To be eligible, you must:

Work for an employer with 20 or more employees
Work at least eight hours a week within the geographical boundaries of San Francisco
Work at least 40% of your hours within the geographical boundaries of San Francisco
Have worked for your employer for at least 180 days before the beginning of your leave
Be eligible for Paid Family Leave from the state of California

This is a monumental time in your life. Do not add to the stress by trying to handle these issues alone. Call our firm today at 415-445-0900 or email us to schedule a consult.