California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for entrusting me to answer your question.Unfortunately, Paid Family Leave does not provide any sort of job protection, simply compensation for lost wages, much like SDI. The prohibitions on termination to which you refer are exactly what "protected leave" means. So, if leave is "unprotected," then an employee can by definition be terminated for taking such leave, as that is what is means for leave to be unprotected.As you are aware, FMLA provides actual job protection, but you state that your husband is not eligible. California also provides for "baby bonding" leave, but the eligibility requirements are essentially the same as those for FMLA.If FMLA and California baby bonding leave do not apply, there regretfully is no law that would prohibit an employer from taking adverse employment action against a male employee who takes time off following the birth of a child.On a personal note, I think that this is extremely unfair. However, you came here for an honest answer with regard to the parameters of the law, and that is what I have attempted to provide for you. Accordingly, I trust that you will appreciate this information.If you have any questions or concerns whatsoever regarding my answer, please do not hesitate to ask, as my goal is to provide the best possible service. If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.Thank you and very kindest regards.
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