Caring for Your Domestic Partner
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 or
to care for a seriously ill parent, child or domestic
partner.
1. How does EDD define a domestic partnership?
For paid family leave purposes, a domestic partnership
is defined as two adults who have chosen to share
one another’s lives in an intimate and committed
relationship of mutual caring. You and your partner
may qualify as domestic partners if:
- You share a common residence;
- You agree to be jointly responsible for each other’s
basic living expenses incurred during the domestic
partnership;
- You are both members of the same sex; and
- You file a Declaration of Domestic Partnership
with the Secretary of State.
Additional requirements of domestic partnerships may
be found in section 297 of the California Family Code
2. Can I take paid family leave to
care for my seriously ill domestic partner?
Yes, under the paid family leave law, you are eligible
to paid family leave benefits to care for your domestic
partner, parent, or child.
3.
Can I take paid family leave to bond with our new baby?
Yes. Both you and your partner, if eligible, can bond
with a newborn or an adopted or foster child.
4. Can I take paid family leave to care
for my partner’s seriously ill mother?
No. You can only take paid family leave to care for
your own mother, father, child, spouse or domestic partner.
More (link to the caregiver’s section)
5. 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 following organizations:
Legal Aid Society – Employment Law Center: 1-800-880-8047
Equal Rights Advocates: 1-800-839-4372
Asian Law Caucus: 1-415-896-1701
How to Apply
What the Law Says