California Paternity Leave in 2025

In recent years, there has been significant progress in advocating for paternal leave in California. As of 2025, California continues to lead the way in implementing employee-friendly laws designed to promote work-life balance and protect workers’ rights. Despite these advancements, some employers may still fail to honor these laws, leaving employees vulnerable to unfair treatment.

If you believe your employer has violated California employment laws, contact our highly-rated California attorneys today for a free consultation to explore your legal options and potential recoveries.

Protecting your rights as an employee is essential. Many workers, unaware of their rights, may unknowingly allow employers or coworkers to take advantage of them. Stay informed and proactive to safeguard your workplace rights and ensure fair treatment.

Does California have paternity leave?

Paternity leave, often regarded as the counterpart to maternity leave for fathers, has continued to gain momentum in California and across the United States. As of 2025, many employees in California are eligible for paternity leave, allowing fathers to take time off work to bond with their newborn or newly adopted child. Many also qualify for compensation during this period, making it a more accessible option for families.

The push for improved work-life balance has only grown stronger in recent years, especially following the shifts brought about by the COVID-19 pandemic. The widespread adoption of remote work has redefined workplace expectations and highlighted the importance of family time. As a result, a growing number of fathers in California are prioritizing paternity leave, recognizing its critical role in fostering early childhood development and strengthening family bonds. This trend reflects broader societal changes that emphasize shared parenting responsibilities and greater support for working parents.

How long is paternity leave generally?

As of 2025, paternity leave in California typically ranges from 8 to 12 weeks, thanks to evolving family leave laws. However, the exact duration may vary depending on your type of employment, specific employer policies, and your eligibility under state or federal programs like the California Family Rights Act (CFRA) or Paid Family Leave (PFL).

To understand your unique situation and determine how much paternity leave you may be entitled to, contact our experienced employment attorneys today. We offer free case evaluations and provide personalized reviews of employment contracts to ensure your rights are protected. Don’t let your employer take advantage of you—schedule a consultation with us to ensure you receive the full benefits you’re entitled to.

What are paternity leave laws?

In California, several laws provide fathers the opportunity to take time off work to care for their children. Rather than a single, comprehensive statute, paternity leave rights are governed by a combination of federal and state acts. Below is an overview of the key laws addressing paternity leave in 2025:

1. Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act is a federal law that entitles eligible employees to take up to 12 weeks of unpaid leave per year for specific family and medical reasons, including caring for a newborn child. However, eligibility for FMLA requires:

• Employment at a company with 50 or more employees within a 75-mile radius.
• A minimum of 12 months of service with the employer.

FMLA ensures job protection during the leave, offering peace of mind that employees can return to their positions after attending to their parental responsibilities.

2. California Family Rights Act (CFRA)

The California Family Rights Act, similar to FMLA, extends parental leave protections but provides broader coverage. As of recent updates, CFRA applies to:

• Employers with five or more employees.
• Employees who have worked at their organization for at least 12 months and accrued a minimum of 1,250 hours in the prior year.

Under CFRA, eligible employees can take up to 12 weeks of unpaid, job-protected leave to bond with a newborn, adopted, or foster child. This act ensures that smaller employers are also required to provide leave options for eligible employees.

3. New Parent Leave Act (NPLA)

The New Parent Leave Act was introduced to fill gaps in coverage for employees of mid-sized businesses. It applies to companies with:

• 20 to 49 employees.

Like CFRA, the NPLA allows eligible employees to take up to 12 weeks of unpaid leave to bond with a new child. Employees must meet similar eligibility criteria, including 12 months of service and a minimum number of hours worked.

4. State Benefits and Additional Protections

California also offers additional resources through state programs, including:

• Paid Family Leave (PFL): Administered by California’s Employment Development Department (EDD), this program provides up to eight weeks of partial wage replacement for employees taking leave to bond with a new child or care for a seriously ill family member.
• Disability Insurance (DI): New fathers may qualify for short-term disability benefits in cases where medical conditions, including those related to childbirth or its aftermath, affect their ability to work.

By combining the provisions of FMLA, CFRA, NPLA, and state benefits like PFL and DI, California fathers have access to significant legal and financial support to care for their children without undue fear of losing their income or employment.

Do I qualify for paid paternity leave?

While no federal law mandates paid paternity leave in the United States, many employers have increasingly adopted paid paternity leave policies to attract and retain talent. Additionally, California continues to be a leader in offering family-friendly leave policies, including partial wage replacement through the state’s Paid Family Leave (PFL) program.

How do I qualify for paternity leave?

To qualify for paternity leave in California, there are specific requirements you must meet. These include:

• Employer Size: You must work for an employer with at least 5 employees to be eligible for California Family Rights Act (CFRA) leave. Smaller employers may not be subject to CFRA provisions but could offer other types of leave.
• Work Tenure: You must have worked for your employer for at least 12 months and logged a minimum of 1,250 hours during that time.
• Parental Relationship: You must have a parental relationship with the child, such as being the biological, adoptive, or foster father.

If you meet these qualifications, you may be entitled to unpaid, job-protected leave under CFRA and wage replacement benefits through California’s PFL. If you do not meet the eligibility requirements, you may need to explore other options, such as your employer’s internal leave policies.

Why should you hire our employment attorneys?

Our experienced employment attorneys thoroughly investigate every claim and lawsuit to ensure employers are held accountable for violating employees’ rights. With decades of experience representing individuals denied paternity leave, we are well-equipped to fight for your rights. Call us today to discuss your case and how we can help.

How much do our paternal leave employment attorneys cost?

Our attorneys work on a contingency fee basis, which means you don’t owe us anything unless we successfully recover compensation for you. We handle all aspects of your case, from initial paperwork to final resolution, to secure the best possible outcome.

Many people are unaware that they might be entitled to compensation if their employer denies paternity leave. For example:

• If your employer offers paid paternity leave but unlawfully denies your request, you may be entitled to back pay.
• If your employer failed to provide leave in compliance with CFRA or other legal requirements, you may be eligible for additional damages.

Call us today to learn more about contingency fees, your rights as an employee, and how we can assist you in seeking justice.

Employment Attorneys Near Me

Here at Heidari law,  we understand the importance of taking time out of work to care for a newborn child. It could be very difficult to take care of a child while also going back to work. It could also be very difficult to take time out of work with the fear that you may lose your job. However, several California laws in place allow employees to take time out of work without having to worry about their jobs when they return back.

 Fathers should take time off of work to bond with their newborn child, and be with their wife or partner after childbirth. There are several rights afforded to employees in California, and employees should take advantage of these opportunities. However, the minute that an employer denies an employee this opportunity unfairly, an employee has the right to file a claim or a lawsuit.

If you have been a victim of workplace retaliation for taking paternity leave, you may also be able to file a lawsuit for workplace retaliation. Give our employment attorneys a call to further discuss your case. Workplace retaliation is a serious issue, and no employer has the right to retaliate against their employee, whether they fire the employee, shorten the employee’s hours, discriminate against the employee, or treat the employee unfairly simply because they went on paternal leave.

Contact us today for a free case consultation.

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