How long is maternity and paternity leave, by law, in California?

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How long is maternity and paternity leave, by law, in California?

My company has it in their policy that if two parents of the same child (even unmarried) work for them, they have to share 12 weeks of leave… are they legally able to do this?

Asked on June 12, 2009 under Employment Labor Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

That sounds dubious to me, although I'm not an expert on the federal Family & Maternity Leave Act ("FMLA"), which ordinarily gives each employee a right to 12 weeks of unpaid leave.

There may be particular facts about your situation and your work that are important here, that I don't have, and you need to have the entire case reviewed by a labor and employment lawyer, for advice that you can rely on.  But I would definitely look into this, because it sounds to me like a limitation on your FMLA rights, and unless the law itself has an exception that allows this, it's probably not proper.  One place to find qualified attorneys is our website, http://attorneypages.com


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