California is known for its generous leave laws, offering significantly more leave protections than most other states. One such protection is “new parent” or “baby bonding” leave. This leave was originally covered under the New Parent Leave Act (NPLA), but will fall under the expanded California Family Rights Act (CFRA) beginning on January 1, 2021. The new CFRA provides unpaid leave to parents of biological, adopted, and fostered children. Both mothers and fathers are able to take this leave, even if they work for the same employer.
In order to be eligible for this leave, an employee must have worked for the employer for at least 12 months. The employee must have worked at least 1,250 hours in those 12 months and work for a company that has at least 5 employees. Unlike the previous Act, the new CFRA does not require those employees to be within a certain radius of each other.
The Act offers three main protections related to family bonding. The first is the right to take up to 12 weeks of unpaid leave during the first year after the child’s birth, adoption, or placement. The second protection is the requirement that their employer-sponsored healthcare remains active during their leave. Finally, the Act requires that the employee is able to return to the same or a similar job upon their return.
Employers are not allowed to retaliate or discriminate against employees who choose to take new parent leave. If you have had any issues with your employer denying your leave or treating you unfairly because you took new parent leave, you may be able to take legal action. Call the employment law team at Davtyan Law Firm today to discuss your situation. Call (818) 275-5799 for a free legal consultation.