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