"acceptedAnswer": { PFL Related Links: PFL Home | FAQ | Forms | SDI Online | Contact. A job function is essential if the reason the employee’s position exists is to perform that function. A successful claim could result in your employer granting the leave to which the law entitles you, paying wages (if applicable) and reinstating your job at the end of paternity leave. Code, § 12945.2, subd. It may sound like a cliché, but when I began working with Theo it felt as though for the first time someone actually listened to me and believed me. If your employer retaliated against you for taking your lawful period of paternity leave, a lawyer could help you file a case against the employer for wrongful termination. Code, § 12945.2, subd. Code, § 12940, subd. Code, § 2295.) How does this work? Shouse Law Group has wonderful customer service. California and federal law prohibit an employer from discriminating against an employee on the basis of: Call our employment law attorneys for help…. Even if you simply have questions about whether you are eligible for paternity leave in California, an LA employment lawyer can help. To schedule your free case review online, click “Get Started” below. With these three values, you will be able to calculate your estimated benefits while on paternity leave. An employee can file a complaint and/or lawsuit if a violation occurs. "mainEntity": [{ Meaning, California law generally permits an employer to terminate an employee if they are unable to perform the essential functions of the job, even with a reasonable accommodation.73. 2, § 11068, subd. Even if the facts are strong, an experienced employment law attorney can sometimes help by: Of course, there is no guarantee that a lawyer will be able to accomplish these things. }] Additional eligibility requirements are that the parent be employed or actively looking for work at the time of the paid leave, that the parent has lost wages because of the new child, that the parent earned at least $300 from which the state deducted money for insurance, and that the parent completes and submits the paid leave claim form no earlier than the first day of leave but no later than 41 days after. Am I Required To Give Two Weeks’ Notice Before Quitting In California? If your employer refuses to authorize leave or reinstate you, you can report him to the Department of Fair Employment and Housing. Paternity leave is the time a new father takes off from his job for the birth, adoption, or foster care placement of his new child. Retaliation can take the form of: Note too that sometimes retaliation may even rise to the level of unlawful employment discrimination.