Hi Starks,
Thank you for your question. You probably do not have a legal right to take paternity, although it’s possible your employment contract provides you with that right. It’s also possible that your employer offers paternity leave for employees even when it’s not required by law.
In most cases, paternity leave in California is only available if the employee qualifies for child bonding leave under the California Family Rights Act (CFRA) or the New Parent Leave Act (NPLA).
As of January 1, 2018, there are three requirements to qualify for child bonding leave under these acts:
- The employer must have at least 20 employees within 75 miles of the employee’s worksite;
- The employee worked more than 12 months for the employer prior to the date that the period of leave is taken; and
- In the past 12-month period, the employee worked at least 1,250 hours for the employer.
Because you have only worked at this company for six months, you probably do not meet the second element (unless you’re child’s mother is due after your one-year anniversary at the company). As such, you probably do not have a legal right to paternity leave under either CFRA or the NPLA.
I hope this information helps. Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
Congratulations and your new baby, and I wish you the best of luck in your situation!