To be eligible for leave under the New Parent Leave Act, an employee must have worked for their employer for at least 12 months and have worked at least 1250 hours within the prior 12 months. The employer must have 20-49 employees working within a 75-mile radius of the employee’s jobsite. Like the Family and Medical Leave Act and the California Family Rights Act, parental leave under the New Parent Leave Act can be taken any time within the first year of a child’s birth, adoption, or foster-care placement.
Though leave under the New Parent Leave Act is unpaid, parents may be eligible for partial wage reimbursement for up to six weeks by obtaining California Paid Family Leave through California’s Employment Development Department (EDD). In addition, during the bonding leave, employers will need to maintain the employee’s health insurance at the same level they would maintain it if the employee did not take leave.
Employees already eligible for leave under the CFRA or FMLA do not get additional leave under this law. However, women who are disabled because of pregnancy, childbirth, or a related medical condition may take pregnancy disability leave and an additional 12 weeks of leave to bond with their new baby after their pregnancy disability leave ends.
Employers cannot take any adverse action against an employee because the employee has taken leave under the New Parent Leave Act. Adverse actions might include termination, demotion, or a transfer to a less desirable position or location.
If you are eligible for leave under both the Pregnancy Disability Leave Law and the New Parent Leave Act, you can take pregnancy disability leave for the time you are disabled because of pregnancy, childbirth, or a related medical condition and then, when you are no longer disabled, you can take an additional 12 weeks of bonding leave.
No, you cannot take leave under both the New Parent Leave Act and the California Family Rights Act. The New Parent Leave Act applies when there are 20-49 employees within a 75-mile radius of your worksite. The California Family Rights Act applies when there are 50 or more employees within a 75-mile radius of your worksite.