Can we deny child bonding leave if our employee has not worked for our company for one year?

Yes. The ability to take child bonding leave under the Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA) requires that the employee satisfy eligibility requirements — unlike pregnancy disability leave, which has no work eligibility requirements. Keep in mind that once an employee does meet the FMLA/CFRA eligibility requirements, they will be eligible for child bonding leave at that point, provided that the leave occurs within one year of the child's birth.

For example, perhaps the employee is not eligible for child bonding leave under FMLA/CFRA right after the baby is born because the employee has only worked for you for 10 months. But they could take time off later (before the baby turns one) once they have worked for you for 12 months and worked at least 1,250 hours in the 12 months prior to taking the leave.

Note: If an employer allows an employee to start child bonding time prior to their one-year anniversary, be aware that the time taken before the anniversary date will not count toward the 12-week job-protected entitlement. The FMLA regulations are clear that only the time after the employee’s one-year anniversary would count toward the 12 weeks of job-protected leave.

Read more about Establishing the 12-Month Leave Entitlement Period in the HR Library.

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