Robin Paggi, MA, SPHR-CA, CPLP, CPC
06/01/2011

Bakersfield native and Texas Rangers pitcher Colby Lewis made national headlines in April because of his decision to take advantage of Major League Baseball’s new paternity leave and be home with his wife during the birth of their second child instead of being at work. Some derided his decision, while others applauded it, which gives some indication about how people feel about men taking time from work to care for their wives and newborns.

Responses to the question “should men get paternity leave from work?” on debates.juggle.com included this one: “Men should not get paternity leave from work because there is no viable reason to allow them that privilege. There is no compelling argument for granting men paternity leave from work, while there are viable reasons to deny.” This respondent (and everyone else who feels this way) should know that men have the statutory right to take time from work to bond with a newborn or adopted child if they work for an employer that has 50 or more employees or a public agency (regardless of the number of employees).

The Family Medical Leave Act and the California Family Rights Act allow qualifying employees up to 12 weeks off of work to bond with a new child, to care for a family member with a serious health condition, or the employee’s own serious health condition. According to the California Chamber of Commerce, an employee is eligible for family leave if he (or she):

-  Works for a covered employer (employers with 50 or more employees or public agencies);

-  Has worked for that employer for at least 12 months (the time does not have to be consecutive);

-  Has worked for the employer for at least 1,250 hours in the 12 months preceding the start of the leave, and

-  Works at a worksite where the employer employs 50 or more employees either at the worksite or within 75 miles of the worksite.

Employers are not required to pay employees while they are on FMLA/CFRA leaves; however, California’s Paid Family Leave program provides wage-replacement for eligible employees for six weeks while they are on these leaves.

Employers who are not familiar with these leaves or how to administer them could pay heavy penalties if they deny employees their right to be off of work. For example, Maryland state trooper Kevin Knussman was awarded $375,000 after being denied a leave of absence to care for his newborn daughter because of his gender. According to court documents, Knussman asked for time off of work to care for his wife and his family following the birth of his child. He was denied this time off work by the manager of the medical leave and benefit section of the personnel department who told him that “God made women to have babies, and unless (he) could have a baby, there is no way (he) could be primary care (giver),” and that his wife had to be “in a coma or dead” for Knussman to qualify for the leave.

Sara Mandelbaum, Knussman’s attorney stated, “In passing the Family Medical Leave Act, Congress sought to encourage men to share in child care duties that many working women took on alone. Some male-dominated institutions like the Maryland State Police may have a problem with this concept, but the court has shown it is the law of the land.”

Nolan Ryan, Rangers president and former pitcher, told the press that in his playing days players did not have the luxury of taking time off for a newborn child: "In those days they never allowed you to go home for a child to be born. It’s just something you heard about (from your wife) if it happened during the season.” That’s no longer the case for major league baseball players, public agencies, and many private employers.