There has been some sweeping legislation involving paternity leave. Both male and female parents can ask for and are entitled to a reasonable amount of parental leave when a newborn enters the family. Much of these new rules were spearheaded by President Trump’s daughter who lobbied and fought for longer and fairer rules and new laws concerning the leave.

Before we get into the details of these new rules, it’s important to understand the definitions here;

• Paternity Leave: Paternity Leave is only for biological fathers and can be taken once the baby is born. 
• Maternity Leave: Maternity Leave is only for the biological mother. The leave can be taken while the mother is pregnant and after the baby is born.
• Parental Leave: Parental Leave is for either or both parents. It can be taken at the same time or at different times so that the baby is not left alone.

Parental leave has a very important purpose – bonding with the parents. If the baby is born to a same-sex couple then the biological parent involved in the birth can take the leave. If it is two women, the woman giving birth can take maternity leave, and the other can if the proper requirements were made under the ‘parental project’ law. 

If two men, then one can take paternity leave if his sperm was used to fertilize the egg of a midwife, or if both men’s sperm were used each can take paternity leave, although the law gets tricky here and you might want to consult an attorney who specializes in paternity leave law.

If all this sounds foreign to you, then you are not alone, as there have been new laws on this topic in recent years. For instance, the CFRA – California Family Rights Act, which is similar to the FMLA or Federal Marriage Law Act. These laws are for eligible employees and they can now take up to twelve weeks of paternity leave, albeit, unpaid leave.

There is a 30-day advance requirement of the father to notify his employer before taking leave. The employer cannot fire the employee and must take them back after the parental leave and give them the same or similar position and salary or pay. Companies that violate these rules stand to be slapped with big fines and face serious legal consequences. 

So, if you feel you’ve been wronged in such a matter concerning parental leave, maternity leave, or paternity leave you should contact an employment law attorney specialist as soon as possible.