Family Leave Laws Apply to Both Mothers and Fathers

All eligible employees of an employer covered by the Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA) are eligible in the same manner for leaves under the FMLA and the CFRA. The FMLA and the CFRA, collectively called "family leave laws," apply to all private employers with 50 or more employees and require covered employers to provide eligible employees with leave for up to 12 weeks per year for, among other things, bonding with a newborn or adopted child. Employers are required to offer only a total of 12 weeks for one event, however. An employee is eligible for such leave if he/she has worked for at least 1,250 hours in the piror year for that employer and has been employed by the covered employer for at least 12 months. The employee also must work at a worksite with 50 or more employees, either on the same premises or within 75 road miles of the worksite. Under most circumstances, FMLA and CFRA leave run concurrently. A father who wishes to take leave to bond with his new child is eligible for up to 12 weeks of unpaid leave. There is no requirement that the father be married to the mother or that the parents reside together. FMLA and CFRA, however, require employers to provide only a total of 12 weeks leave per event. If both the mother and the father work for the same employer, they are eligible for only a total of 12 weeks of unpaid leave for baby bonding. This limitation does not have an impact on the mother's eligibility for pregnancy disability leave (PDL). Article by California Chamber of Commerce Alert: www.calchamber.com [For more information, click here to email CYA.]