Am I entitled for 6 weeks of PFL leave even if my employer lays me off on hearing that I intend to take the time off?

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Am I entitled for 6 weeks of PFL leave even if my employer lays me off on hearing that I intend to take the time off?

I am a 31 year old male employed with a private firm. My wife is due to deliver our first child in 2 months. I intend to use my 6-weeks of “Paid Family leave” (PFL) immediately after birth of baby. I planned to inform my manager of this next month. Now, my fear is that on hearing this my manager may decide to lay me off. Am I entitled for 6 weeks of PFL even if my employer lays me off on hearing that I intend to take 6 weeks off?

Asked on May 30, 2012 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all, your employer cannot fire you for taking the time off if you are entitled to it and qualify as an expectant father. If you also qualify for FMLA (unpaid leave) you need to understand that the federal labor laws will usually preclude your employer from firing you. This is also based on pregnancy anti-discrimination acts. You need to inform your employer sooner rather than later in order to fill out any proper paperwork before you leave. Document everything in writing, including follow-ups to verbal conversations.


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