Family Leave for New Parents: Beyond Maternity and Paternity Leave in California
Welcoming a new child is life-changing—and California law ensures parents have more than just traditional maternity or paternity leave. Whether you’re giving birth, adopting, fostering, or bonding with a newborn, you may be entitled to protected family leave and wage replacement benefits.
What Leave Options Are Available?
- California Family Rights Act (CFRA): Eligible employees can take up to 12 weeks of unpaid, job-protected leave to bond with a new child (biological, adopted, or foster).
- Paid Family Leave (PFL): Provides up to 8 weeks of partial wage replacement through California’s State Disability Insurance program.
- Pregnancy Disability Leave (PDL): Birth mothers may take up to 4 months of job-protected leave for pregnancy-related health conditions, in addition to CFRA bonding leave.
- Foster and Adoption Leave: Parents welcoming a child through adoption or foster care are equally covered.
Who Is Eligible?
- Employees who’ve worked for their employer at least 12 months (with 1,250 hours in the past year) qualify for CFRA.
- Paid Family Leave applies if you’ve earned wages subject to State Disability Insurance deductions.
What Protections Do You Have?
- Your job (or a comparable role) must be available when you return.
- Your health insurance must continue during CFRA or PDL leave.
- Employers cannot retaliate against you for requesting or taking protected leave.
How to Prepare
- Request leave in writing and specify the dates and type of leave.
- Coordinate benefits—some parents stack PDL, CFRA, and PFL for maximum coverage.
- Keep documentation of your communications with HR or your employer.
Your Rights as a Parent
Family leave is about more than recovering from childbirth. California law recognizes the importance of bonding time for all parents—mothers, fathers, adoptive parents, and foster parents alike.
If your employer denies your leave request or retaliates, you may have legal recourse to protect your family and your job.
Need help understanding your rights? Contact us for a free consultation.
