Bonding Leave Denial Attorney

Under FMLA and CFRA, eligible employees can take up to 12 weeks of unpaid leave within 12 months of a child's birth, adoption, or foster placement. California's Paid Family Leave (PFL) program provides wage replacement during bonding leave. New York's Paid Family Leave provides up to 12 weeks of partially paid leave. Both parents — mothers and fathers — have equal rights to bonding leave.

Under CFRA, employees have the right to take bonding leave in increments of at least two weeks, with two occasions of less than two weeks permitted. FMLA allows intermittent bonding leave only with employer agreement. New York PFL can be taken intermittently in daily increments. The right to intermittent bonding leave is an important distinction between state and federal law.

Yes. Under FMLA, CFRA, California PFL, and New York PFL, fathers have exactly the same bonding leave rights as mothers. Denying bonding leave to fathers while granting it to mothers is sex discrimination under Title VII and FEHA. The EEOC has actively pursued cases of employers denying male employees caregiving or bonding leave.

Yes. FMLA, CFRA, California PFL, and New York PFL all provide bonding leave for the birth, adoption, or foster placement of a child. The leave entitlement is the same regardless of how the child enters the family. In California, bonding leave must be completed within 12 months of the child's birth, adoption, or foster placement.