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  1. #1
    Join Date
    Apr 2018
    Posts
    3

    Default Paternity Leave Problems (Threat of Termination)

    My employer is creating a fuss about letting me take my paternity leave. I need help regarding that.

    I am at a very senior software engineer level at a startup of about 500+ employees in CA. My daughter was born less than 6 months ago, and I have taken about 2 weeks of my allowed 12 weeks of paternity leave.

    About a few weeks ago they vaguely hinted (just verbally) that I was not performing up to level. I have tried to put in more hours at work, but they still feel I am under-performing. Note that they have never given me any written feedback regarding my performance

    Recently, I asked my manager that I want to take my paternity leave. And he said that would be a problem, since I was underperforming. He says that would prolong the issue of my under-performance to 2020, and he is not comfortable pushing it so long.

    I submitted a written request to HR (with him cc-ed) to allow me to take my paternity leave asap. I have a meeting tomorrow to resolve this.

    I want to be prepared for this meeting. What are my best options ?

    - Do they have the right to prevent me from taking paternity leave if they claim I am under-performing.

    - Also, can they threaten termination if I donít back down on paternity leave request. They can claim that the termination is due to lack of performance. In that case what are my legal options ?

    - How long can they make me wait before I go on paternity leave. I want to take is asap.

    I would like to end this amicably. In all candidness, I will probably find a new job soon, but do need to keep this job until I find the new one (for visa issues).

    Thanks,
    Stressed_Out

  2. #2
    Join Date
    Oct 2016
    Posts
    3,231

    Default Re: Paternity Leave Problems (Threat of Termination)

    How long have you worked there?

  3. #3
    Join Date
    Apr 2018
    Posts
    3

    Default Re: Paternity Leave Problems (Threat of Termination)

    Over 12 months

  4. #4
    Join Date
    Jun 2017
    Location
    California
    Posts
    420

    Default Re: Paternity Leave Problems (Threat of Termination)

    In order to qualify for paternity leave in CA, the employer must have at least 20 employees within 75 miles of the employee’s worksite; the employee must have worked more than 12 months for the employer prior to the date that the period of leave is taken; and in the past 12-month period, the employee worked at least 1,250 hours for the employer. The employer can request 30 days notice prior to the leave being taken. Further, unless your employer provides for sick leave greater than the law requires, it would be unpaid leave except for 24 hours of paid sick leave per 12 month period if you haven't used it all ready. The law is Title 2, section 11088 of the California Code of Regulations.

  5. #5
    Join Date
    Mar 2013
    Posts
    1,227

    Default Re: Paternity Leave Problems (Threat of Termination)

    When meeting with HR, if the issue if underperforming is raised, ask to see:

    1. A written copy of the duty statement for your position.

    2. A written copy of the performance and productivity standards for your position.

    3. A written copy of your performance evaluations and productivity records for the past year bearing your signature, showing they were brought to your attention, that you were made aware of them, and that opportunities were afforded you to identify and correct correct performance that fell short of the clearly defined performance standards for your position.

    If your performance was truly satisfactory, I'm betting none exist and your boss will simply start to double talk. At this point you can suggest to HR that your boss is simply fabricating all of this because he wants to deny you family leave. OTOH, if your performance truly is sub-standard -------- well, you know.

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