California Paternity Leave Laws – All You Need to Know

California paternity leave laws affect how new fathers and non-birthing parents can take time off to bond with a new child while protecting their jobs and part of their income. Understanding how paternity leave works can be overwhelming for new parents who are already juggling the responsibilities and adjustments that come with a new child.

The state of California, recognizing the importance of supporting new families during this critical time, has established paternity leave laws to alleviate some of the stress associated with balancing work and family life.

Generally, eligible parents in California can take up to 12 weeks of unpaid, job-protected leave under the California Family Rights Act (CFRA) and get up to eight weeks of partial pay through Paid Family Leave (PFL). This time off must be taken within one year of the child’s birth, adoption, or foster placement.

At Shirazi Law Firm, PC, we exclusively represent employees. Over the past 23 years, founder Emanuel Shirazi has handled hundreds of employment cases. He has secured over $100 million in total verdicts and settlements for workers, including multi-million-dollar recoveries. Whether your employer is a small local business or a massive corporation, we are not afraid to take on any size employer or take cases to trial when necessary to stand up for your rights.

California Family Rights Act (CFRA)

About 50.1% of first-time dads who had a child between 2014 and 2022 took paid leave, according to national Census Bureau data. In California, the California Family Rights Act (CFRA) provides job-protected leave for up to 12 weeks in 12 months for eligible employees who need to bond with a new child.

To be eligible for CFRA leave, employees must meet the following requirements:

• Have worked for the employer for more than 12 months.
• Have worked 1,250 hours within 12 months before the official start of leave.
• Work for an employer with at least five employees.

CFRA leave is unpaid, but employees can use accrued vacation, personal, or sick leave during this time. If both parents work for the same employer, each parent can take up to 12 weeks. They do not have to split the time.

California Paid Family Leave (PFL)

The California Paid Family Leave (PFL) program provides partial wage replacement to take necessary time off to bond with a new child. PFL provides up to eight weeks of these benefits within 12 months. PFL replaces part of your pay, but it does not protect your job. Job protection comes from CFRA or the federal Family and Medical Leave Act (FMLA). The program is funded through employee payroll deductions and managed by the California Employment Development Department (EDD).

To qualify for PFL, employees must:

• Be unable to do their regular work and lose wages due to bonding with a new child (by birth, adoption, or foster care placement)
• Have earned at least $300 and paid into State Disability Insurance (SDI) during the 12-month base period (wages from about 5 to 18 months before your claim starts)

PFL benefits are calculated based on an employee’s wages, with a maximum weekly benefit amount set by the state each year. In 2026, the maximum weekly benefit is $1,765 and the minimum is $50. PFL can be used concurrently with CFRA leave, providing income during the unpaid CFRA leave period.

Integration With Federal Leave Laws

California’s paternity leave laws integrate with federal leave laws under the Family and Medical Leave Act (FMLA). The FMLA provides up to 12 weeks of unpaid, job-protected leave in 12 months for employees to care for a new child or a family member with a health condition or to recover from their own serious health condition. You may be eligible for FMLA if you:

• Have worked for the employer for at least 12 months
• Have worked 1,250+ hours in the 12 months before the leave
• Work at a location with at least 50 employees within a 75-mile radius

In most cases, CFRA and FMLA leave run concurrently, meaning employees can take up to 12 weeks of leave total, not 12 weeks under each law. The FMLA is unpaid, so PFL can provide pay during this time. PFL runs alongside both laws, but it does not add job protection or extra weeks of leave.

Paternity and Bonding Leave in California: When to Take It

Timing is one of the most important factors in California’s bonding leave laws, and it is often misunderstood. Employees sometimes assume bonding leave can be used whenever it is convenient to take it, but under California employment laws, bonding leave has a strict time limit.

PFL bonding benefits are only payable during the first year after the birth of a child, an adoption, or a foster placement. Federal FMLA bonding leave must also be taken within the 12-month period beginning on the date of birth, or within a similar 12-month window when a child is placed in your home through either adoption or foster care. CFRA follows the same first-year bonding framework for job-protected leave.

Missing these deadlines can eliminate any wage replacement or job protection that you could be entitled to.

Proper planning is essential because coordinating CFRA, FMLA, and PFL can help you plan your bonding time while protecting your income and your job security. Even small mistakes, like taking leave too late, can trigger disputes, so it can help to get legal guidance from a paternity leave attorney.

An experienced paternity leave attorney can help employees understand how overlapping laws fit together, so that they take leave within the proper time period and follow the notice requirements under California’s employment laws.

Intermittent Bonding Leave: What California Actually Allows

Even though California allows bonding leave to be taken intermittently, the rules to do so are very specific.

Under CFRA, bonding leave can be taken in separate two-week blocks. Employees can also request leave in smaller increments on two occasions, and employers must grant those two shorter requests.

Beyond these two exceptions, employers can require leave to follow the standard two-week increment. Understanding these limits is critical for planning, scheduling, and avoiding disputes under California’s employment laws.

The FMLA is stricter. Federal bonding leave must be taken in one continuous block unless your employer agrees to another schedule, such as part-time hours.

PFL benefits can also be taken intermittently, so long as you remain eligible for benefits and you are losing wages due to the bonding process. You can split your eight weeks, but they must still fall within the first year.

Coordinating PFL payments with CFRA job protection can help you have both income replacement and job protection while following California’s employment laws.

What to Do If Your Employer Denies or Punishes You for Taking Paternity Leave

If you qualify for leave and your employer denies it, cuts your hours, or punishes you for taking it, you may have a legal claim.

At Shirazi Law Firm, PC, we have handled hundreds of cases involving wrongful termination, demotion, reduced hours, denied promotions, pregnancy and family leave accommodations, and unlawful workplace retaliation. If you suspect your employer has violated your leave rights, do not wait to take action. Employment law claims are subject to strict statutes of limitations, and waiting too long can permanently forfeit your right to financial recovery.

FAQs About California Paternity Leave Laws

Do Fathers Get Paid Paternity Leave in California?

Yes, fathers in California can receive paid paternity leave through the California Paid Family Leave (PFL) program. This program provides eligible employees with up to eight weeks of partial wage replacement while taking time off to bond with a new child. PFL benefits are funded through employee payroll deductions and are managed by the California Employment Development Department (EDD). PFL benefits can be used concurrently with unpaid leave under the CFRA.

What Happens to My Job and Benefits While on Paternity Leave in California?

During your paternity leave under the CFRA, your job is protected, meaning your employer must, in most cases, reinstate you to the same or a comparable position upon your return. Further, while you are on leave, your employer must maintain your group health coverage under the same conditions as if you were actively working. However, you may still be responsible for paying your portion of the health insurance premiums during your leave.

How Do I Apply for Paternity Leave and California Paid Family Leave Benefits?

To apply for paternity leave under the CFRA, notify your employer of your need for leave as soon as possible. Provide them with the anticipated start and end dates and any relevant documentation, if requested. For California Paid Family Leave benefits, you must file a claim with the California Employment Development Department (EDD) after starting your leave. You can submit your claim online through the EDD’s website or by mail. Be prepared to provide information about your employment, wages, and the reason for your leave. Fathers also need to send proof of their relationship to the child, such as a birth certificate. It is important to file your claim within 41 days of the start of your leave so that your potential benefits are maintained.

Do I Pay Taxes on Paid Family Leave Benefits?

PFL benefits are taxable on your federal return, but California does not tax them. The EDD sends a Form 1099-G each January.

How Much Does It Cost to Hire an Employment Lawyer for a Paternity Leave Dispute?

There is no financial risk when you hire the Shirazi Law Firm. Our Employment Lawyer handle all cases on a contingency fee basis, and we pay all case costs upfront. You pay nothing unless we recover compensation for you.

Hire a Paternity Leave Lawyer and Get in Touch With Us Today

If you have questions regarding paternity leave laws in California or would like assistance with filing your PFL claim, hire a paternity leave lawyer with the experience needed to help you work through the process.

Contact Shirazi Law Firm, PC today. Mr. Shirazi handles every case himself and proudly supports fathers, mothers, and families throughout California.

Schedule a consultation today to talk about your situation, or call (310) 400-5891.