Los Angeles Paternity Leave Discrimination & Retaliation Lawyers
Fired or Punished for Taking Paternity Leave in California?
Becoming a father is one of the most significant moments in a person's life. California and federal law both recognize that, and give fathers the legal right to take job-protected leave to bond with a new child.
When employers fire, demote, or deny paternity leave to fathers, they are breaking the law.
Paternity leave discrimination is more common than most people realize. Fathers are sometimes denied the same bonding leave that mothers receive, passed over for promotions after taking leave, or let go shortly after returning to work.
At Nosrati Law, we represent fathers throughout Southern California who have faced discrimination or retaliation for exercising their legally protected rights. If you were wrongfully terminated, denied leave, or treated differently for taking paternity leave, our paternity discrimination attorneys in Los Angeles are ready to fight for you. We'll start by reviewing your case for free.
Why You Can Trust Nosrati Law
- 40+ years of combined experience
- Tens of millions of dollars recovered
- We only represent employees, never employers
- Over 100 five-star reviews on Google
- No fees unless we win your case
Get Started with a Free Case Review
What Laws Protect Fathers Taking Paternity Leave?
Fathers in California are protected by both federal and state law when it comes to bonding leave and family leave rights.
Federal Law — FMLA
The Family and Medical Leave Act (FMLA) entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per year for the birth of a child or placement of an adopted or foster child. This right applies equally to mothers and fathers. Employers with 50 or more employees are covered, and employees must have worked for the employer for at least 12 months and 1,250 hours in the preceding year.
California Law — CFRA
The California Family Rights Act (CFRA) provides similar protections at the state level and in some ways goes further than the FMLA. The CFRA covers employers with 5 or more employees and also entitles eligible employees to up to 12 weeks of job-protected bonding leave. CFRA leave can be taken within the first year of a child's birth, adoption, or foster placement.
California Paid Family Leave (PFL)
California's Paid Family Leave program provides partial wage replacement for up to 8 weeks while an employee bonds with a new child. PFL is available to all employees who pay into State Disability Insurance (SDI) and is administered through the California Employment Development Department (EDD). Fathers are equally entitled to PFL benefits.
Taken together, these laws give fathers in California some of the strongest paternity leave protections in the country. When employers ignore or undermine those rights, they can be held accountable.
What Paternity Leave Discrimination Can Look Like
Paternity leave discrimination occurs when an employer treats a father differently because he took, requested, or was eligible for paternity leave.
This can take many forms:
- Firing or laying off an employee shortly after he takes or requests paternity leave
- Denying paternity leave that is granted to similarly situated female employees
- Demoting an employee or reducing his responsibilities after he returns from leave
- Excluding a father from projects, promotions, or advancement opportunities following leave
- Treating fathers who take longer bonding leave more harshly than fathers who take little or none
- Creating a hostile or discouraging environment around a father's request for leave
- Applying different standards to fathers and mothers when approving leave requests
This last point is important: if your employer routinely approves maternity leave for new mothers but discourages, delays, or denies paternity leave for fathers, that disparity can itself be evidence of sex discrimination under state and federal law.
Termination After Requesting or Taking Paternity Leave
Being fired after taking paternity leave is one of the most clear-cut forms of retaliation. The law prohibits employers from taking adverse action against an employee for exercising his right to bonding leave, and termination is the most serious offense.
Retaliation doesn't always look obvious.
Employers rarely say outright that the termination was connected to the leave. Instead, they may claim performance issues, restructuring, or a change in business needs; reasons that conveniently surface right after a father returns from leave.
At Nosrati Law, we can investigate the full timeline of events: performance history before and after leave, changes in treatment by supervisors, the stated reason for termination versus the actual record, and any patterns of adverse treatment connected to the leave. Circumstantial evidence and timing are often powerful tools in these cases.
Employers can still terminate an employee for a legitimate reason genuinely unrelated to the leave, but when the timing is suspicious, and the stated justification doesn't hold up, it's important to consult an attorney.
Being Denied Paternity Leave or Paid Family Leave
Some employers deny fathers the leave they are legally entitled to, either by refusing to approve the leave at all, misrepresenting eligibility requirements, pressuring employees not to use their full leave, or failing to inform them of their rights in the first place.
This is unlawful. Under the FMLA and CFRA, eligible fathers have a legal right to take bonding leave, and employers have a legal obligation to provide it. Interference with that right, even short of termination, is a violation of the law.
Common ways employers deny or interfere with paternity leave include:
- Telling a father he does not qualify when he does
- Approving shorter leave than the employee is entitled to
- Pressuring or discouraging an employee from taking his full leave entitlement
- Failing to designate leave as FMLA- or CFRA-protected when it qualifies
- Requiring the employee to check in, work, or remain available during leave
- Refusing to reinstate the employee to the same or a comparable position upon return
In addition to job-protected leave, California fathers may be entitled to Paid Family Leave (PFL) benefits through the state's SDI program. If your employer interfered with your ability to access those benefits — for example, by misclassifying your employment status or failing to provide required notices — you may have additional claims.
What to Do If You Are Facing Discrimination or Retaliation
Contact Our Los Angeles Paternity Leave Violation Attorneys
Paternity leave discrimination, harassment, and retaliation are violations of federal and California law, and Nosrati Law is here to hold employers accountable. We represent employees exclusively, handle every case on a contingency fee basis, and have more than 40 years of combined experience fighting for workers throughout Los Angeles and Southern California.
If you were fired, denied leave, or treated differently for taking paternity leave, contact our paternity leave retaliation lawyers in Los Angeles for a free consultation: (323) 784-0643.
Common Questions
About Paternity Leave Retaliation & Discrimination
-
Do fathers have the same legal right to parental leave as mothers?Yes. Under both the FMLA and California's CFRA, bonding leave rights apply equally to mothers and fathers. If your employer approves maternity leave for new mothers but denies or discourages paternity leave for fathers, that disparity may constitute sex discrimination.
-
What if my employer says I'm not eligible for leave?Eligibility disputes are common. Your employer may claim you haven't worked the required hours or months, or that the company doesn't meet the employee threshold. These claims should be verified carefully. Errors are common, and California's CFRA has a lower coverage threshold (5 employees) than the FMLA (50 employees). Many fathers who don't qualify under the FMLA are still protected under the CFRA.
-
What if I was fired right before I was going to request paternity leave?Termination in anticipation of a leave request can still constitute FMLA or CFRA interference and retaliation if the employer knew or suspected the request was coming. Timing, communications, and the sequence of events all matter in building this type of claim.
-
How long do I have to file a paternity leave retaliation claim?FMLA claims generally have a two-year statute of limitations, extended to three years for willful violations. Claims under California's CFRA and FEHA, including sex discrimination claims, must be filed with the California Civil Rights Department (CRD) within three years of the violation. Because different deadlines may apply depending on your claims, it is important to contact an attorney as soon as possible.
Meet Our Team
Exclusively Employment Law. Exclusively for Employees.
Our Satisfied Clients
-
“In a world of employment attorneys who do a disservice to their profession, Omid consistently bucks this trend and prosecutes only the cases he believes in and clients that he trusts.”- Industry P.
-
“If you are in search of the best look no further. I couldn't be more please with my experience at the Law Office of Omid Nosrati.”- Wendy H.
-
“This was my second experience ever needing representation and Omid and his team exceeded all expectations. There were so responsive and attentive i felt like I was the one not responding fast enough.”- Jack Y.
-
“My case was resolved in less than a year. I was very happy with the outcome. I was provided with detailed information on how my case would progress and the most likely outcome.”- Shawn G.
-
“I would 100% recommend and use his services again in the future if i were ever in need.”- Kenneth I.
-
“I am happy with the results ! If you want a Lawyer that goes that extra mile ...Omid Nosrati is the Lawyer your looking for ... Thank you Law office of Omid Nosrati!”- Rolando S.
-
“They had excellent communication skills, had great attention to my case, responded quickly, attentive and kept me updated at all times during the long process.”- Former Client
-
“Not only was he able to defend me from wrongful termination, his calm and empathetic demeanor offered emotional succor to myself and those I care about most.”- Former Client
In The News
