A New Plan for Paid Leave

The US fails to provide new parents with paid leave. But that’s set to change.

Gavin Newsom, the incoming governor, is proposing the longest national parental leave duration: six months. Newsom emphasised family issues, such as early education programs, and prenatal and child care, during the closing weeks of his race.

The incoming governor wants to enforce paid leave to new parents without waiting for federal government.

He is expected to propose to provide families six months of paid leave after childbirth.

But it’s not set to happen straight away. According to the Newsom adviser, reaching six months of leave could, perhaps, only occur after a few years.

The administration plans to gradually implement their intended change, initially extending leaves by a shorter period.

Source: https://www.nytimes.com/2019/01/06/upshot/a-california-dream-for-paid-leave-has-an-old-problem-how-to-pay-for-it.html

As a new parent in California, it’s important to know your rights, and what you’re entitled to.

What are my maternity leave rights in California? Am I entitled at all?

-California’s main pregnancy leave of absence laws (FMLA, CFRA, PDL, FEHA) apply to most employers

-employers don’t have to pay employees during maternity leave

-employees don’t have a right to pay from their employers during maternity leave, however most California employees are entitled to California’s state disability insurance during their leave

-pregnancy related illnesses are considered disabilities by California law

Source: https://brobertsonlaw.com/maternity-leave-california/

How much leave am I entitled to?

-If requirements are met, 12 weeks of family care and medical leave are permitted to an employer within a 12-month period

-this leave is for the purpose of child bonding

Source: https://brobertsonlaw.com/maternity-leave-california/

What are these requirements (for leave under California Family Rights Act)?

-employee must work for employer with 50+ employees within a 75 mile radius of the employee’s worksite

-employee must have worked for employer for more than 12 months

-employee must have worked at least 1,250 hours for the employer of work in the preceding year

Source: https://brobertsonlaw.com/maternity-leave-california/

Family is so important, and so is the time that we spend with our loved ones. Contact Vincent Miller on +1 213-948-5702 if you need any assistance with family-related legal matters.

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