Paternity leave gives fathers time to bond with newborns while balancing workplace obligations. Still, many men face challenges securing these rights. At The Galo Law Firm, our employment attorneys advocate for fathers who encounter resistance or retaliation when requesting time off for family responsibilities.
What Is Paternity Leave?
Paternity leave provides fathers with job-protected time away from work following the birth or adoption of a child. Federal and state laws establish minimum standards. Additionally, many employers offer enhanced benefits beyond these baseline requirements.
What Are Federal Paternity Leave Laws?
The Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid leave annually for qualifying family events. Employers with 50 or more employees within a 75-mile radius must comply with FMLA requirements:
- Eligibility Requirements: You must work for a covered employer for at least 12 months and complete 1,250 hours during the preceding year.
- Leave Entitlement: The law protects your job while you are on leave and requires your employer to continue providing health insurance coverage for the duration of that leave.
- Notice Obligations: You must provide 30 days’ advance notice when the leave is foreseeable, allowing your employer adequate time to arrange coverage
Texas Paternity Leave Laws in Texas
Texas Labor Code § 21.001 et seq. prohibits employment discrimination. However, it does not mandate paid paternity leave beyond federal requirements. State law intersects with federal protections in several ways:
- Private Sector Employment: Most Texas employers follow FMLA guidelines without state-mandated additions, though some companies voluntarily offer paid paternity benefits.
- Public Sector Positions: Texas Government Code § 661.001 et seq. may provide additional leave options for state employees, including compensatory time and sick leave provisions.
- Anti-Retaliation Provisions: Texas law prohibits employers from retaliating against workers who exercise their federal leave rights or report violations.
How Can Fathers Successfully Secure Paternity Leave at Work?
Securing paternity leave requires thoughtful preparation and open communication with your employer. Taking proactive steps reduces the risk of denied requests or workplace confusion. Be explicit about your planned leave dates, the length of your absence, and any flexibility you can provide for handoffs or remote work during that time.
Company Policies
Review your employee handbook thoroughly to identify all available leave options. Many employers offer their own paid parental leave, sometimes supplementing state programs. You may be permitted to use sick leave, vacation time, and personal days. Consult with HR representatives to clarify questions about benefit continuation, pay status, and return-to-work procedures.
Prepare Documentation
Gather all necessary paperwork to support your leave request and protect your legal rights. Proper documentation creates a clear record of your request and your employer’s response:
- Medical Certification: Obtain documentation from your partner’s healthcare provider verifying the expected delivery date or adoption timeline.
- Written Leave Request: Submit a formal written notice to your supervisor and HR department detailing your proposed leave schedule.
- Communication Records: Keep copies of all emails, letters, and meeting notes discussing your paternity leave arrangements.
Employer’s Obligations During Paternity Leave in Texas
Texas employers must comply with federal and state regulations when employees take protected family leave. We help you understand these obligations and identify violations when they occur:
- Job Protection: Your employer must restore you to the same position or an equivalent role with identical pay, benefits, and working conditions upon your return. The company cannot eliminate your position specifically because you took protected leave. However, legitimate business restructuring may affect all employees.
- Retaliation Protection: Your employer cannot punish you for exercising your leave rights through demotions, salary reductions, or hostile treatment. Any adverse employment action taken shortly after you request or take paternity leave may constitute illegal retaliation under federal and Texas law.
- Anti-Discrimination: Federal and Texas anti-discrimination laws prohibit treating fathers differently from mothers regarding parental leave opportunities. Male employees must receive equal access to caregiving leave policies that employers extend to female workers.
What to Do If My Paternal Leave Rights Are Violated
If your employer denies your leave request or retaliates against you for requesting it, acting promptly protects your legal rights. Firstly, contact an experienced employment law attorney from The Galo Law Firm who can manage your case on your behalf, including filing reports with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission Civil Rights Division within the required deadlines. Keep detailed records of any violations and report them promptly.
How Our San Antonio Employment Lawyers Protect Paternal Rights
Our employment attorneys provide comprehensive representation for fathers facing paternity leave violations and workplace retaliation. We handle every detail of your case from initial evaluation through final resolution.
Detecting Violations
Our legal team identifies subtle and overt violations that many employees overlook. We examine your situation for actionable legal claims. Violations include:
- Improper leave denials despite FMLA eligibility.
- Retaliatory demotions or terminations.
- Unequal treatment compared to mothers.
- Intimidation tactics that discourage leave requests.
- Benefit reductions during protected leave.
Gather Evidence
At The Galo Law Firm, we collect and organize documentation that proves your employer violated leave protections. Strong evidence builds persuasive cases for negotiations or litigation. Evidence includes:
- Employment records and performance evaluations.
- Leave request documentation and employer responses.
- Witness statements from colleagues.
- Email correspondence and internal communications.
- Company policy documents and handbooks.
Negotiate and Litigate
We pursue maximum compensation through settlement negotiations or courtroom advocacy. Our San Antonio labor and employment attorneys fight for remedies that address your losses:
- Back Pay Recovery: Lost wages and benefits resulting from improper leave denials or retaliatory terminations.
- Reinstatement: Our employment lawyers seek orders requiring your employer to restore your position with full seniority and benefits.
- Compensatory Damages: Compensation for emotional distress and reputational harm caused by violations.
- Punitive Damages: When permitted by law, we request additional damages when employers act with malice or reckless indifference to your rights.
Address Policy Gaps
We work with employers to implement fair paternity leave policies that comply with legal requirements and promote workplace equality. Our guidance helps companies avoid future violations while supporting working fathers.
Consult an Experienced San Antonio Labor and Employment Lawyer from Galo Law Firm
Don’t navigate violations alone. Whether you need to discuss potential violations or require representation against retaliation, call The Galo Law Firm at (210) 764-6135 to schedule a consultation with a Board-Certified labor and employment attorney with extensive experience in paternity leave cases.