

Ask HN: Can I legally work on my startup during my paternity leave? - caniparent

I'm on paternity leave from my day job. I've already been spending nights and weekends on my startup prior to having the baby. I'll have more time to spend on the startup (between dirty diapers and puke) and would naturally spend some of that on the startup.<p>Realistically, what are the pros or cons of doing this?<p>I'm in the state of California and using FML and PFML (both state benefits).
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mathgladiator
That depends on your employee agreement. Do you have an IP agreement?

If you do, then there may be rules on what you need to do.

If I recall correctly, leaves are basically employment pauses to protect
people for the reason of the leave (i.e. if you get fired when you return,
then you can sue).

~~~
caniparent
I don't recall the specifics of the employee agreement except that I can't
hire former coworkers after leaving. I disclosed IP from this startup prior to
joining.

~~~
hga
Recent California law says they can't lay claim to what you do on your own
time with your own materials (this has been discussed in prior HN threads and
it's only a few decades old vs. the anti-non-compete law which as I recall is
around a century old).

I would suspect paternity leave counts as "your own time", particularly given
the issue of trying to account for the 24x7 taking care of the baby labor,
which what you're getting paid time off to do if I'm matching PFML correctly
to the California Paid Family Leave, but IANAL. Still, it's hard to see
California not being friendly towards what you're thinking about doing (says
someone who's spend less than a total of 2 months in the state...).

~~~
byoung2
There was a case between Mattel and MGA over the Bratz doll line. Apparently
the designer Carter Bryant worked for Mattel between 1995-1998, took family
leave from April 1998 - January 1999 to take care of a sick relative. It was
during this time that he claimed he developed the Bratz doll concept. He then
resumed working for Mattel until 2000. After leaving Mattel, he joined MGA
Entertainment, who made the doll line and sold a billion dollars worth of
merchandise. Mattel originally claimed that they owned the doll line because
he was still employed during the leave (though it was later determined that he
drew the initial concepts before the leave, and now Mattel owns the rights to
the Bratz line).

~~~
caniparent
I'll look this up. Much thanks.

~~~
hga
Very clearly the protections in Sections 2780-2782 of California law (see link
in other posting) would not apply to this case, as the doll line was "
_Relate[ed] at the time of conception or reduction to practice of the
invention to the employer's business._ "

BTW, a quick skim of the Wikipedia article on the contrariety indicated it's
not entirely settled and one of the issues was if the designer was truly
employed by Mattel between what was claimed as two separate periods of
employment.

A very messy case, but a good warning to be careful about these sorts of
things just in case your startup is a really big hit.

~~~
byoung2
_one of the issues was if the designer was truly employed by Mattel between
what was claimed as two separate periods of employment_

I remember during the case this was a big issue...did the leave of absence and
subsequent return constitute a termination of employment and reinstatement. At
first Mattel argued that he continued to be an employee, and therefore they
owned the designs.

 _Bryant went to work for Mattel in 1995 as a designer of fashions, hairstyles
and makeup for its Barbie line. While at Mattel, he signed a "confidential
information and inventions" agreement which gave Mattel the exclusive rights
to all "developments, designs, know-how, data" and other items created by
Bryant while he worked for the company. However, Bryant took a leave of
absence in 1998 and returned to Mattel approximately 8 months later. It is
during that critical time frame that Bryant contends he created "Bratz"._

[http://www.lexisnexis.com/Community/copyright-
trademarklaw/b...](http://www.lexisnexis.com/Community/copyright-
trademarklaw/blogs/copyrightandtrademarklawblog/archive/2008/06/19/Barbie-v.-Bratz_3A00_-Copyright-
Litigation-Gets-_1C20_Dolled-Up_1D20_.aspx)

I believe they later agreed that there were indeed two separate periods of
employment, but that the designs were still Mattel's because he came up with
the ideas while at Mattel, and later sketched them during the leave.
Furthermore, it was later revealed that he had used Mattel company time and
resources to develop the idea after he returned from leave, including asking
coworkers to help create a prototype, and using the phone and fax to make
deals with MGA ([http://www.iplawforstartups.com/startup-launch-bratz-doll-
de...](http://www.iplawforstartups.com/startup-launch-bratz-doll-
designers-100-million-dollar-mistakes/)).

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sahillavingia
Ask your employer. The industry norm may not be your company's, and it's
better to be safe than sorry.

