Working World

After struggling for years to have a baby, my wife and I finally succeeded — in having twins. I would like to take eight weeks off to help my wife recover and care for the babies. Does the Paid Family Leave (PFL) Program offered by the State of California help fathers, too? What are my rights regarding paternity leave?

The PFL law provides workers with a maximum of six weeks of partial pay each year while taking time off from work to bond with a newborn baby, newly adopted or foster child, or to care for a seriously ill parent, child, spouse or registered domestic partner. PFL benefits will replace approximately 55 percent of wages, up to a maximum of $917 per week in 2008. The maximum benefit will increase automatically each year, in step with increases in the state’s average weekly wage.

There is a seven-day waiting period before workers can receive PFL benefits. Employers may require a worker to use a maximum of two weeks of vacation time before receiving PFL benefits. One week of this vacation time will be used to cover the seven-day waiting period.

You may use PFL benefits during leave that is taken all at one time (e.g. for eight consecutive weeks off) or on an intermittent basis in hourly, daily or weekly increments. For example, you could take your PFL in the form of two days a week off or afternoons off, if you would otherwise have the right to time off.

PFL will assist you only if you have the right to time off under another provision, such as a company paternity policy or the Family Medical Leave Act (FMLA). Your first step is to determine whether your company is covered by the FMLA, which applies to companies with more than 50 employees. If so, the company is required to allow any employee who has worked there longer than one year to take up to 12 unpaid weeks of leave for the birth or adoption of a child, or to care for a sick family member.

Assuming you have available leave, you can take Family Leave and apply for PFL benefits. If your company does not fall under the FMLA, find out its policy by reading the employee handbook, talking to coworkers, and consulting whomever handles human resources. Some smaller companies have paternity leave policies, even though not required by law. Consider using vacation or personal days to give yourself some time at home if nothing else is available. (Many employers require use of vacation pay prior to taking unpaid FMLA leave.)

It is in both your best interest and that of your employer to present your plan for time off in an organized fashion, as far in advance as possible. Also, try to minimize the impact of your absence by coordinating with those who will cover your responsibilities while you are away.

Amy Semmel is an attorney with the firm of Donfeld, Kelley & Rollman. Her practice emphasizes employment, trade secret and business tort law. The information discussed here is a general explanation of the law, and is not intended to serve as legal advice. Readers requiring legal advice regarding a specific situation should consult an employment attorney.