The California New Parent Leave Act

UPDATE: The New Parent Leave Act was repealed by SB 1382 (2020) because its provision are now covered under the California Family Rights Act (CFRA), which applies to businesses with 5 or more employees.

California’s New Parent Leave Act (NPLA) permits eligible workers at companies with 20 to 49 employees within a 75-mile radius, to take up to 12 weeks of unpaid leave for the purpose of caring for and bonding with a new child. The law applies both to maternity leave for mothers and paternity leave for fathers.

Both mothers and fathers are eligible for time off of work within one year of the child’s birth, adoption, or foster care placement.

Employers Affected

The NPLA applies to:

• California employers with 20 or more employees; and
• the State and any political or civil subdivision of the State and cities, regardless of the number of employees.

Employee Eligibility

An employee is eligible for unpaid time off under this new law if the employee:

• worked for a covered employer for at least 12 months;
• worked at least 1,250 hours in the last 12-month period before taking parental leave; and
• works at a worksite that has at least 20 employees within a 75-mile radius.

Employees are not eligible if they are covered under both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

Employee Rights

Eligible employees are guaranteed:

• up to 12 weeks of unpaid leave that is job-protected;
• full health insurance plan coverage during leave; and
• employment upon the employee’s return to the same or a comparable position.

Below, our California employment and labor lawyers discuss the following frequently asked questions about the New Parent Leave Act for California employees:

• 1. Am I eligible for rights under the New Parent Leave Act?
  • 1.1 Is my employer covered under the Act?
  • 2.1 What if both parents work for the same employer?
  • 2.2 What if I don’t get my old job back?

  

  The California New Parent Leave Act grants mothers and fathers the right to 12 weeks of time off after a new child enters the family.

  1. Am I eligible for rights under the New Parent Leave Act?

  Employees, both mothers and fathers, meet eligibility requirements for time off from work if they:

  • worked for a covered employer for at least 12 months;
  • worked at least 1,250 hours in the last 12 months before taking parental leave; and
  • works at a work site that has at least 20 employees within a 75-mile radius. 1

  Employee time off under this specific act is only available to employees not covered by FMLA and CFRA. If both of those acts apply, the employee’s rights are governed by those two laws.

  Note that it does not matter whether the new child is biological, adopted, or a foster care child.

  1.1 Is my employer covered under the Act?

  Not only does the employee have to be eligible, but the employer must be “covered” under the law. An employer is subject to the New Parent Leave Act if:

  • the employer has between 20 or more employees; or
  • the employer is the State or any political or civil subdivision of the State and cities, regardless of the number of employees. 2

  Whether or not the employer is covered is important because those who work for employers not covered are not entitled to parental leave under the Act. It must be at the same level and with the same coverage as if the employee continued to work.

  2. What are my rights under the New Parent Leave Act?

  Under the act, eligible employees are guaranteed:

  • up to 12 weeks of job-protected parental time off;
  • health plan coverage during the time off; and
  • employment upon the employee’s return to the same or a comparable position. 3

  Health plan coverage will be maintained during the entire time the employee is off of work to protect the health of the parent and child.

  2.1 What if both parents work for the same employer?

  If both parents work for the same employer, they both may take time off but the employer is not required to allow more than 12 weeks total of time off for them both.

  You may, however, qualify for family time off under either the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA leave).

  2.2 What if I don’t get my old job back?

  There are times when the old job is no longer available upon your return to work. If that is the case, the new position must be comparable, meaning it:

  • provides the same hourly rate or salary;
  • provides the same benefits;
  • requires similar or identical duties;
  • requires similar experience and education;
  • does not involve any kind of “demotion”.

  3. Can I get paid during my time off?

  Employees are not entitled to paid family leave (PFL), but are able to use accrued time, like:

  • vacation pay,
  • sick time, or
  • other paid time off earned through your employer.

  Employers are not allowed to:

  • prevent employees from using accrued paid time off, or
  • require employees to use their paid time off.

  This protects the rights of employees while they care for their families.

  4. Can my employer punish me for taking parental leave?

  No. It is illegal for an employer to deny or interfere with an employee’s right under the act. This includes:

  • wrongful termination,
  • fines,
  • refusal to hire,
  • failure to promote,
  • harassment, and
  • discrimination. 4

  If an employer violates the law, it can be held liable for its action and the damages caused to you.

  Legal References:

  1. Cal. Gov. Code § 12945.6(a)(1). Also see the Department of Fair Employment and Housing.
  2. Cal. Gov. Code § 12945.6(i).
  3. Cal. Gov. Code § 12945.6(a)(2).
  4. Cal. Gov. Code § 12945.6(g).