Welcoming a new member of the family should be a joyful time, but many California workers question whether their parental leave could leave them vulnerable to losing their job. What should you know about the legal protections for your parental leave?
Is it legal for your employer to fire you?
The straightforward answer is no. Employers in California cannot legally fire you just because you are on paternal leave. A variety of laws provide a safety net for employees, ensuring they can bond with their new child without fear of losing their job.
Employees in Los Angeles and throughout California are entitled to take up to 12 weeks of unpaid leave for the birth, adoption or foster care placement of a child. During this time, the law generally protects your job. As a result, you should be able to return to the same or a similar position with equivalent pay, benefits and working conditions.
Are there exceptions?
While the law does protect your job, there are certain circumstances under which an employer might legally be able to fire an employee on paternal leave. These exceptions typically do not relate directly to the leave itself. Instead, they are more about the broader context of employment:
- Company layoffs: If your employer is undergoing significant layoffs that would have included your position even if you were not on leave, they might legally be able to terminate your employment.
- Performance issues: In some cases, existing performance issues or misconduct could justify termination. Because they are unrelated to the leave, your employer might have a legal basis for termination.
- Business closures: If the business shuts down completely, then the employee cannot feasibly continue their work with the company. As a result, their job may no longer be available when they end their parental leave.
What can you do to protect yourself while on leave?
To safeguard your rights during paternal leave, consider taking the following steps:
- Documentation: Keep detailed records of all communications with your employer regarding your leave. This includes saving emails, notes from meetings and any written correspondence about your leave and job status.
- Understand Your rights: Familiarize yourself with the relevant state and federal laws.
- Communicate effectively: Maintain open lines of communication with your employer. Notify them as early as possible about your leave plans and keep them updated on your expected return date.
What can you do if you believe that your employer illegally fired you while you were on leave?
If you believe that your employer wrongfully terminated your employment during or because of taking paternal leave, it is important to seek legal advice. An attorney specialized in employment law can help you understand your rights and guide you through the process of filing a complaint with the appropriate government agency.
For California workers, especially those in bustling cities like Los Angeles, understanding the protection laws regarding paternal leave is crucial. The time after your child’s arrival should be joyful and stress-free, and knowing your rights can help ensure that it remains that way.