Every Father’s Day, we celebrate dads for showing up. But when a new baby arrives, a lot of fathers discover that their job will make it difficult to show up for their family.
Part of the issue is the myth that parental leave is just for moms. Another concern is that asking for time off might make a dad look less committed at work. But in California, paternity leave isn’t a favor your boss decides whether to grant – it’s a right.
Let’s break down what that right actually looks like and what it means for you.
Parental Leave Isn’t Just a “Mom Thing”
California’s leave laws are gender-neutral when it comes to time off to bond with a new child. Fathers, adoptive parents, foster parents, and non-birthing parents all have the same right to take time off and be present for those first weeks at home, or some time shortly thereafter. Your employer can’t treat your request for paternity leave as less legitimate because you’re the dad.
Your Job is Protected
The major California law that protects your job while you are on paternity leave is the California Family Rights Act (CFRA). It gives eligible employees up to 12 weeks of job-protected leave to bond with a new child within the first year after birth, adoption, or foster placement. “Job-protected” is the part that matters here, because it means:
- Your employer has to give you your job back – the same position or a comparable one – when you return.
- Your health insurance stays in place while you’re out.
- Your employer can’t retaliate against you for taking the leave you’re entitled to.
To qualify, you generally need to have worked for your employer for at least 12 months prior to taking leave, logged at least 1,250 hours in the year before your leave, and work somewhere with five or more employees. Note thatCalifornia covers smaller workplaces than federal law does.
Getting Paid
CFRA protects your job, but it doesn’t require your employer to pay you during your leave. That’s where Paid Family Leave (PFL) comes in.
PFL is run through the state’s Employment Development Department and gives you up to eight weeks of partial wage replacement while you bond with your child – generally between 70% and 90% of your usual wages, depending on your income level). For 2026, the maximum benefit is $1,765 a week.
PFL is funded through payroll deductions you’ve already been paying (look for “CASDI” on your pay stub). This is money you’ve earned and it’s available to workers who have paid into State Disability Insurance during the 12-month base period – even if your employer is too small to be covered by CFRA. But PFL doesn’t protect your job on its own, so it works best paired with CFRA’s job protection.
Note: You generally need to file your claim for PFL within 41 days of starting leave, so don’t sit on it.
How PFL and CFRA Work Together
Most dads who take the full bonding leave combine the two: up to 12 weeks of job protection under CFRA, with up to eight of those weeks partially paid through PFL. You can take the time all at once or, in some cases, break it into chunks – as long as it falls within that first year after your child arrives.
What If Your Employer Pushes Back?
California spells these rights out clearly, but plenty of employers still treat paternity leave as optional or just don’t offer it at all. If your employer denies leave you’re entitled to, refuses to give you your job back upon your return from your leave, cuts your hours, demotes you, or fires you for taking or even asking about leave, that’s not just unfair – It’s likely illegal. Workers in this situation may be entitled to real remedies, including reinstatement, back pay, and damages.
You should never have to choose between being there for your child and keeping your career. If you think your employer has violated your rights – whether they denied your leave, retaliated against you for taking leave, or pushed you out after your leave – reach out to a California law firm.
Matern Law Group represents California workers, not companies, and we’d be glad to talk through what happened and what your options are.
This Father’s Day, the best gift might just be knowing your rights – and being ready to stand up for them.
Sources:
- California Paid Family Leave (EDD) – https://edd.ca.gov/en/disability/paid-family-leave/
- Paid Family Leave for Fathers (EDD) – https://edd.ca.gov/en/disability/paid-family-leave/fathers/
- California Civil Rights Department – https://calcivilrights.ca.gov/
