State Benefits for new father.

[VanessaTony 3,567]

I will just mention - not everyone is eligible for FMLA. It depends on the size of your company. I thought that I'd be eligible but I'm not. There's only 4 people where I work and according to the FMLA details, you need at least 50 people (among other qualifiers).

http://www.dol.gov/whd/fmla/fmla-faqs.htm#3

Eligibility

(Q) Who can take FMLA leave?

In order to be eligible to take leave under the FMLA, an employee must:

- work for a covered employer;

- have worked 1,250 hours during the 12 months prior to the start of leave; (special hours of service rules apply to airline flight crew members)

- work at a location where the employer has 50 or more employees within 75 miles; and

- have worked for the employer for 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. In general, only employment within seven years is counted unless the break in service is (1) due to an employee’s fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement.

Edited March 16, 2013 by Vanessa&Tony

[belinda63 3,038]

Capri is right on the spot...the FMLA is what will protect your right to maintain your employment for up to 12 weeks if you meet certain criteria (you can Google it to find out what that is, length of time employed, hours worked, etc.) The employer is not obligated to pay you for this leave although they may choose to do so. The state will not pay you as you are not unemployed and voluntarily took the time off. Neither you or your wife are entitled to a state or federal payment of "disability" but if she is covered by disability insurance she may file a claim. Your wife (I assume a USC) and child are eligible for benefits such as WIC, medical card, etc. if they qualify but there is no benefit due to you, as the father.

[Gosia & Tito 199]

Legally, men do not get any paid paternity leave. Your company might have some provision, but it isn't likely.

Some forward thinking companies are doing paternity leave...but far from what you would normally see in Scandinavia....

[Gosia & Tito 199]

That's why I'm so confused, I'm not disabled, but my CPA told me I'm allowed 6 weeks "bonding time" for a newborn, and should be able to receive some sort of funds from the state. In any case, I appreciate your reply... I guess I'll try calling USCIS.

Don't call USCIS..This is not an immigration matter.

In the US men don't get paternity leave except in very few (and I mean few) exceptions.

But how about an arrangement in which you could perhaps work part time (maybe even from home)??

[edchels 5]

Thanks to all responses. Very Helpful!

[Boiler 45,486]

You are in the wrong Country, things do not work that way in the US.

But a good laugh.

[Justine+David 218]

you get 16 weeks in DC!! But yeah, otherwise if you're eligible for FMLA, it's 12 weeks regardless if you're the dad or the mom.

[bigdog 376]

The amount of time you are able to take off is unaffected by the length of time you have been a green card holder. The amount of paid time you can take is driven by your employers policies and possibly state law. The only federal law that applise is the Family Medical Leave Act which entitles you to 12 weeks unpaid.

http://www.dol.gov/whd/fmla/

[NigeriaorBust 4,087]

The fact the you are a part time employee may also reduce or eliminate your ability to have these benefits. You need to check with human resources department.

[Darnell 8,478]

That's why I'm so confused, I'm not disabled, but my CPA told me I'm allowed 6 weeks "bonding time" for a newborn, and should be able to receive some sort of funds from the state. In any case, I appreciate your reply... I guess I'll try calling USCIS.

Then touch base with your cpa again, ask for the forms for the State of California.

Good Luck !

[Marilyn. 340]

my husband gets 6 weeks paternity leave with about 60% of his regular pay.. correction, it looks like he might get 100% of his pay.. he has to find out for sure though..

Edited March 21, 2013 by Marilyn.

[Darnell 8,478]

That's why I'm so confused, I'm not disabled, but my CPA told me I'm allowed 6 weeks "bonding time" for a newborn, and should be able to receive some sort of funds from the state. In any case, I appreciate your reply... I guess I'll try calling USCIS.

what forms did you get, from yer CPA ? It'd be great if you wrote more about that, here, as there's probably other folk that could use the information.

[LBeachey 44]

This looks like what you are referring to, it appears to be based upon your quarterly wages and

not full vs. part-time. Do you contribute to SDI?

http://www.paidfamilyleave.org/learn/basics.html

[edchels 5]

what forms did you get, from yer CPA ? It'd be great if you wrote more about that, here, as there's probably other folk that could use the information.

I didn't receive any forms from my CPA, she just told me that I "should" be able to receive benefits, hence why I'm on here trying to find out more info about it.

[Harpa Timsah 13,258]

I didn't receive any forms from my CPA, she just told me that I "should" be able to receive benefits, hence why I'm on here trying to find out more info about it.

Wow, you need a new CPA. Or don't take advice from her on these matters....