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California’s New Parent Leave Act

Posted on in Employment

San Jose employment lawyers, parental rights, California employers, parent leave act, disability insuranceCalifornia’s New Parent Leave Act (affectionately referred to as the “California Baby Bonding Leave Act”), which was signed into law just last month, supplements California’s Family Rights Act by stating that California businesses with 20-49 employees are now required to provide employees who become parents (via birth, foster care, or adoption) with the option of taking up to 12 workweeks of unpaid protected parental leave. Before this new piece of legislation was signed into law only California businesses with 50 or more employees were required to provide 12 weeks of unpaid parental leave to new parent-employees. However, it is important to note that California’s Baby Bonding Leave Act only applies to employees who have been with their current employer for at least one year and worked at least 1,250 hours.

Other Important Parental Rights in California

In addition to California's Family Rights Act and the New Parent Leave Act (which will take effect in January 2018) there are several other important parental rights in California that expectant and new parents should be aware of. For example, did you know that employees who exercise their rights to take parental leave are entitled to return to their same or a similar position when they return back to work? Additionally, California employers are prohibited from reducing an employee’s pay or discriminating against them in some other capacity based on the fact that they exercised their right to take parental leave.

Furthermore, expectant mothers in California are sometimes entitled to take time off from work if they experience a qualifying disability related to their pregnancy. The State of California’s Employment Development Department’s website notes that women who are unable to work due to pregnancy or childbirth and who meet the following eligibility requirements may be eligible for disability insurance:

  • Was unable to work for at least eight days due to the disability,
  • Was actively looking for work or employed when the disability began,
  • Lost wages on account of the disability,
  • Had State Disability Insurance deductions withheld from at least $300 worth of earnings,
  • Was treated by a qualifying medical professional within the first eight days of the disability,
  • Submitted a claim form 9 to 49 days after the disability began, and
  • Had a qualifying medical professional complete the medical certification portion of their claim.

Additionally, the Fair Employment and Housing Act requires most employers to give female employees time off from work if she is disabled by pregnancy or childbirth (or a related medical condition).

Questions? Contact a Local Employment Lawyer

If you are a California employee who believes that his or her employer has violated one or more of California’s parental rights laws, or if you are a California employer who has been accused of violating such a law, the experienced San Jose employment lawyers of Jachimowicz Law Group are here to help. One of our knowledgeable lawyers would be happy to sit down with you and discuss your case during a free consultation at our office.








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