What are Your Maternity and Paternity Rights Under FMLA?

Posted on February 1, 2025 in Personal injury

The excitement of being a new parent comes with the uncertainties of meeting workplace demands after the birth or adoption of a child. However, federal laws protect eligible employees. Below, we look at your rights under the Family Medical Leave Act (FMLA). Discuss a maternity or paternity rights violation with a San Diego family medical leave attorney.

Parental Rights Under FMLA

Mothers and fathers can take up to 12 weeks off of work under FMLA after birth to care for and bond with a child. Time off can be taken without pay or with pay when it correlates with paid leave by an employer. Time off from work may apply for the following family reasons in addition to the birth of a biological child:

• Adoption of a child
• Placement of a foster child
• Time with a stepchild, a legal ward, or a child in need of someone to stand in as the child’s parent

Parents may also request time off under FMLA when a child suffers a serious medical condition requiring a parent’s care. Pregnancy may also qualify as a serious medical condition under the law, allowing time off to deal with complications arising from pregnancy. You have state rights as a pregnant employee in California as well. Taking maternity and paternity leave simultaneously as the other parent or staggering days off is possible.

Prohibited Actions by Employers Under FMLA

When returning to work, reinstatement into the same or an identical position should occur. Parents should also retain their benefits. Employees who seek time off under FMLA are protected against retaliation for the request or obtaining leave. Employers are prohibited from interfering with or denying a parent’s use of these rights.

Firing a parent who takes leave under FMLA is prohibited. You have the right to participate in the complaint process if a violation of your rights occurs without fearing retaliation.

Employees Covered Under FMLA

As an employee, you are eligible for time off under FMLA if you meet the following criteria while working for an employer covered under the Act:

• Your employment is at least 12 months with a covered employer
• You have 1,250 service hours or more with an employer in the 12 months before an employer’s FMLA leave begins
• Your work location has at least 50 employees working within 75 miles of the employer

Employers covered by the FMLA must post or display information about the Act and its provisions in an easily viewed area for all employees in the languages the majority of employees speak. Your employee handbook should also contain a copy of its provisions.

Prohibited Actions by an Employer Under the FMLA

An employer violates the FMLA if they do not allow you to exercise your rights under the law. Examples of violations include the following:

• Your employer discourages you from using leave
• Your taking leave influences your employment opportunities or is the cause of actions against you
• An employer refuses to approve leave
• An employer changes your work hours to evade their responsibility to you under the act

An employer’s violation of the FMLA may allow you to file a civil claim for damages. You have two years from the violation date to take action in court. Acting as soon as a violation occurs can make preserving evidence in your case a more straightforward process. To access your legal rights in California, request a free consultation to discuss a potential claim.