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Paternity Leave Rights

The Family and Medical Leave Act of 1993 ensures that a new parent can take 12 weeks of unpaid leave, and the employee should have served the company for at least one year. Paternity leave has several clauses attached to it. First of all, read about the laws pertaining to paternity leave so that you can take action accordingly. There are also new laws in some states that now have made it legal to give paid paternity leave. California is one such state.

If you are applying for paternity leave there is no hard and fast rule that says that you should take the leave only after the baby is born. You can also take leave in the last weeks of pregnancy just before the baby is born so that you can take care for your wife. This is usually allowed when the mother’s pregnancy is critical and she is weak.

By applying for paternity leave, you are ensuring that the employer is keeping the job for you when you return. Also your employer should continue paying for your insurance even while you are away. In case you do not return to work, then you must reimburse the amount spent by your employer for the insurance.

Before you take the time off, inform your employer in writing at least 30 days prior to taking paternity leave. This way the employer has sufficient time to reorganize your work among the other employees, or hire a temporary replacement for you. Also, it is not necessary that you have to take all the 12 weeks simultaneously. You can divide the 12 weeks during the first year of the birth of the child.

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