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The law regarding paternity leave

If you are a soon-to-be father in Florida, you may be looking forward to paternity leave and spending some quality time with your little one. Many companies follow the requirements of the Family Medical Leave Act but make no additional concessions. At The Law Office of Michelle Cohen Levy, P.A., we often represent clients wrongfully terminated after FMLA requests.

According to Fairygodboss, paternity leave is the time a new father takes away from work to spend time with his new baby. Also called parental leave and family leave, it applies to fathers, mothers and domestic partners. The majority of states do not have paid leave laws; Parents rely on FMLA for job protection while they care for their newborns or newly adopted children.

The law does not guarantee pay, only job protection after the arrival of the child and not everyone qualifies. While many states provide the minimum required protection of 12 weeks, others offer up to 16 weeks, with options to supplement additional time with earned vacation, sick leave or other personal time.

Although your paternity leave may be unpaid, your health insurance plan remains intact. However, if you do not return to work when 12 weeks has passed the company can ask for reimbursement of the premium payments. Many other benefits may be on hold such as vacation time accrual, raises based on seniority and participation in 401k or other financial plans.

Organizations that refuse family leave or terminate your employment despite the legal protections may be liable for wrongful termination. Visit our webpage for more information on this topic.

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