Welcoming a New Baby or Child
The following is for informational purposes only. Do not rely on this information without consulting the Employment Development Department (EDD), which administers California’s paid family leave program.
Workers who participate in the State Disability Insurance Program can get up to six weeks of partial pay a year while taking time from work to bond with a new baby, adopted or foster child. Both parents can take bonding leave.
Having a Baby
1. Can I take paid family leave after pregnancy disability?
Yes, you can take paid family leave after a pregnancy disability leave. Even if you received SDI payments during your pregnancy disability leave, you can take paid family leave when you are bonding with your new child. The seven-day waiting period required for SDI when taking pregnancy disability leave counts towards the seven-day waiting period for paid family leave. You are not required to wait an extra seven days before receiving compensation.
2. I had my baby in January. Can I still take leave for my baby?
Yes, as long as you take the paid family leave within one year of your child’s birth.
3. Can my spouse and I both take leave to bond with our new baby?
Yes, both parents can take paid family leave to bond with a new child.
4. Can I take leave when my baby is born and my spouse/partner take leave at a later date?
Yes, both parents do not have to take leave to bond with a new child at the same time. In fact, many parents choose to take leave during different periods, so that at least one of them is home to bond with the new child.
5. Do I have to take all 6 weeks to bond with my baby at the same time?
No, you do not have to take all six weeks of leave at the same time. In addition, once you have served the seven-day waiting period, you do not have to serve a second seven-day waiting period, if you are taking leave for the same reason.
6. Is my employer required to continue my health benefits while I am on paid family leave?
The paid family leave law does not require your employer to provide health benefits while you are on paid family leave. However, other laws, such as the Family and Medical Leave Act, the California Family Rights Act, and the Pregnancy Disability Leave Law may require your employer to continue your health benefits while you are on leave. Consult with an attorney or legal advocate to learn more about your rights (see below.)
7. My domestic partner is having a baby. Can I take time to bond with the baby while she is still at home on PDL?
Yes, you can take paid family leave to bond with your new child anytime within the first year of the child’s birth, regardless of whether your partner is on leave.
Adoption/ Foster
8. I’m adopting a child. Does paid leave start when the adopted child enters the home? What if I adopt from outside the country and have to travel to get the child?
As defined by the regulations, ““bonding” means to develop a psychological and emotional attachment between a child and his or her primary care giver(s). This involves being in one another’s physical presence.” Thus, you will be eligible for paid leave benefits for time away from work that qualifies as “bonding” with your newly adopted child.
9. Can my spouse and I both take leave to bond with our new adopted/foster child?
Yes, both parents can take paid family leave to bond with your newly-adopted or foster child.
10. Can I take leave now and my spouse/partner take leave at a later date?
Yes, both parents do not have to take leave to bond with a new child at the same time. In fact, many parents choose to take leave during different periods, so that at least one of them is home to bond with the new child.
11. I am adopting a son. Do I have to take the 6 weeks of bonding leave straight away?
No, you can take bonding leave at any time up until the 1st anniversary of when the child entered the home.
12. Is my employer required to continue my health benefits while I am on paid family leave?
The paid family leave law does not require your employer to provide health benefits while you are on paid family leave. However, other laws, such as the Family and Medical Leave Act, the California Family Rights Act, and the Pregnancy Disability Leave Law may require your employer to continue your health benefits while you are on leave. Consult with an attorney or legal advocate to learn more about your rights (see below.)
13. I have a new foster child who is 13. Can I still take bonding leave?
You can take bonding leave for a newly-adopted or foster child up to the age of 18.
14. My Employer says he can’t hold my job for me if I take paid family leave. What can I do?
There are several laws that protect workers from discrimination in retaliation for exercising their rights. Consult with an attorney or legal advocate to learn more about the laws and your rights. You may also contact one of the organizations listed below.
If you have more questions regarding pregnancy and California laws, please contact:
Legal Aid Society – Employment Law Center: 1-800-880-8047
Equal Rights Advocates: 1-800-839-4372
How to Apply
What the Law Says
The following is for informational purposes only. Do not rely on this information without consulting the Employment Development Department (EDD), which administers California’s paid family leave program.
Workers who participate in the State Disability Insurance Program can get up to six weeks of partial pay a year while taking time from work to bond with a new baby, adopted or foster child. Both parents can take bonding leave.
Having a Baby
1. Can I take paid family leave after pregnancy disability?
Yes, you can take paid family leave after a pregnancy disability leave. Even if you received SDI payments during your pregnancy disability leave, you can take paid family leave when you are bonding with your new child. The seven-day waiting period required for SDI when taking pregnancy disability leave counts towards the seven-day waiting period for paid family leave. You are not required to wait an extra seven days before receiving compensation.
2. I had my baby in January. Can I still take leave for my baby?
Yes, as long as you take the paid family leave within one year of your child’s birth.
3. Can my spouse and I both take leave to bond with our new baby?
Yes, both parents can take paid family leave to bond with a new child.
4. Can I take leave when my baby is born and my spouse/partner take leave at a later date?
Yes, both parents do not have to take leave to bond with a new child at the same time. In fact, many parents choose to take leave during different periods, so that at least one of them is home to bond with the new child.
5. Do I have to take all 6 weeks to bond with my baby at the same time?
No, you do not have to take all six weeks of leave at the same time. In addition, once you have served the seven-day waiting period, you do not have to serve a second seven-day waiting period, if you are taking leave for the same reason.
6. Is my employer required to continue my health benefits while I am on paid family leave?
The paid family leave law does not require your employer to provide health benefits while you are on paid family leave. However, other laws, such as the Family and Medical Leave Act, the California Family Rights Act, and the Pregnancy Disability Leave Law may require your employer to continue your health benefits while you are on leave. Consult with an attorney or legal advocate to learn more about your rights (see below.)
7. My domestic partner is having a baby. Can I take time to bond with the baby while she is still at home on PDL?
Yes, you can take paid family leave to bond with your new child anytime within the first year of the child’s birth, regardless of whether your partner is on leave.
Adoption/ Foster
8. I’m adopting a child. Does paid leave start when the adopted child enters the home? What if I adopt from outside the country and have to travel to get the child?
As defined by the regulations, ““bonding” means to develop a psychological and emotional attachment between a child and his or her primary care giver(s). This involves being in one another’s physical presence.” Thus, you will be eligible for paid leave benefits for time away from work that qualifies as “bonding” with your newly adopted child.
9. Can my spouse and I both take leave to bond with our new adopted/foster child?
Yes, both parents can take paid family leave to bond with your newly-adopted or foster child.
10. Can I take leave now and my spouse/partner take leave at a later date?
Yes, both parents do not have to take leave to bond with a new child at the same time. In fact, many parents choose to take leave during different periods, so that at least one of them is home to bond with the new child.
11. I am adopting a son. Do I have to take the 6 weeks of bonding leave straight away?
No, you can take bonding leave at any time up until the 1st anniversary of when the child entered the home.
12. Is my employer required to continue my health benefits while I am on paid family leave?
The paid family leave law does not require your employer to provide health benefits while you are on paid family leave. However, other laws, such as the Family and Medical Leave Act, the California Family Rights Act, and the Pregnancy Disability Leave Law may require your employer to continue your health benefits while you are on leave. Consult with an attorney or legal advocate to learn more about your rights (see below.)
13. I have a new foster child who is 13. Can I still take bonding leave?
You can take bonding leave for a newly-adopted or foster child up to the age of 18.
14. My Employer says he can’t hold my job for me if I take paid family leave. What can I do?
There are several laws that protect workers from discrimination in retaliation for exercising their rights. Consult with an attorney or legal advocate to learn more about the laws and your rights. You may also contact one of the organizations listed below.
If you have more questions regarding pregnancy and California laws, please contact:
Legal Aid Society – Employment Law Center: 1-800-880-8047
Equal Rights Advocates: 1-800-839-4372