Are new fathers entitled to time off

Jacquie

New Member
Jurisdiction
California
Employer is under 14 employees so we requested time off for new father under california parental leave and the employer came back with the following:

"The Paid Family Leave Act does not entitle you to 6 weeks off, nor does it provide you "job protection," only monetary benefits that are paid through the State and not through your employer. Our employee handbook at pages 13 and 14 also explains how this works.
So, now that we have clarified the applicable California rules on this and that there is no "leave" entitlement applicable, we have determined what we are willing to do as your employer for this request of unprotected, personal leave.



Although (company name) has the right to approve or disapprove when you take time arned we will approve up to four weeks of earned and only earned Vacation and Sick Time being used. This leave can be taken all at once (which deviates from our current policy at page 12 of the handbook) or one week at a time with prior notice. You must exhaust your Vacation bank as we will not allow any employee to run a negative Vacation balance. Further, as noted above, this is an unprotected, personal leave and vacation time will not accrue while you are not working. "

My main ? Is...is 6 weeks entitled under this law. I keep seeing yes and no. Please help!?
 
Employer is under 14 employees so we requested time off for new father under california parental leave and the employer came back with the following:

"The Paid Family Leave Act does not entitle you to 6 weeks off, nor does it provide you "job protection," only monetary benefits that are paid through the State and not through your employer. Our employee handbook at pages 13 and 14 also explains how this works.
So, now that we have clarified the applicable California rules on this and that there is no "leave" entitlement applicable, we have determined what we are willing to do as your employer for this request of unprotected, personal leave.



Although (company name) has the right to approve or disapprove when you take time arned we will approve up to four weeks of earned and only earned Vacation and Sick Time being used. This leave can be taken all at once (which deviates from our current policy at page 12 of the handbook) or one week at a time with prior notice. You must exhaust your Vacation bank as we will not allow any employee to run a negative Vacation balance. Further, as noted above, this is an unprotected, personal leave and vacation time will not accrue while you are not working. "

My main ? Is...is 6 weeks entitled under this law. I keep seeing yes and no. Please help!?
Seems to be that your employer is correct:

PDL, CFRA, NPLA, and FMLA Requirements and Obligations | DFEH

https://www.edd.ca.gov/Disability/Paid_Family_Leave.htm
 
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