Paternity leave in CaliforniaFathers and partners bond too.

No California law is called “paternity leave.” The right you are looking for is bonding leave under the California Family Rights Act (CFRA), Government Code §12945.2. It belongs to every eligible parent, not only mothers. Our parental leave and bonding page covers it for all parents, and our maternity leave guide covers the birth parent’s side.

The Civil Rights Department (CRD) says both parents are entitled to CFRA leave, including fathers, adoptive and foster parents, and same-sex parents. The law’s definition of “child” includes a biological, adopted or foster child, a stepchild, and a child of a domestic partner.

Paternity leave in California has two parts, much like it does for the birth parent:

• Job protection from CFRA: up to 12 weeks, unpaid, with your health coverage continued and your job (or a comparable one) held for you.
• Pay from Paid Family Leave (PFL), run by the state EDD: up to 8 weeks of partial pay. PFL pays you but does not protect your job.

At employers with 50 or more employees, federal FMLA runs at the same time and adds no weeks. Pregnancy leave (PDL) is only for the parent disabled by the pregnancy. See how all of this fits on our PDL, CFRA and FMLA page.

EDD says Paid Family Leave is for fathers and other parents welcoming a new child, not only mothers. To qualify, you must have welcomed the child in the past 12 months, paid into SDI (“CASDI” on most pay stubs) in the past 5 to 18 months, and not already used 8 weeks of PFL in the past 12 months.

• How much: about 70% to 90% of your wages, from $50 to $1,765 a week in 2026.
• How long: up to 8 weeks in a 12-month period.
• No waiting period: EDD says PFL pays from the first day of leave.
• File on time: EDD says to submit your claim within 41 days of the day your family leave begins.

EDD looks at each worker’s eligibility on its own. The California Work & Family Coalition, an advocacy group, says both parents can use PFL to bond with the same child, at the same time or at different times. EDD’s own pages don’t spell this out, so confirm with EDD when you file.

During CFRA leave, your employer may require you to use vacation, unless you are receiving PFL. It may not require you to use sick leave. In San Francisco, EDD notes a city ordinance may require your employer to add supplemental pay. For more on pay, see is maternity leave paid and SDI, PFL and job protection.

You do not have to take all 12 weeks at once. California’s CFRA rules say bonding leave can be split up, as long as you finish it within one year of the birth.

• The basic minimum for each block of bonding leave is 2 weeks.
• Two shorter blocks: your employer must grant a request for less than 2 weeks on any two occasions. It may allow more.
• PFL pay can be split too: EDD says you do not have to use your 8 weeks all at once. Its bonding claim form asks if your leave will be intermittent.

Federal FMLA is stricter: bonding leave in pieces needs your employer’s agreement. CFRA covers you too at those employers, and its rules for bonding blocks are the ones above.

The CFRA statute makes it unlawful for an employer to fire you, refuse to hire you, or take other action against you because you used bonding leave. It is also unlawful to interfere with, restrain or deny your leave.

When you come back, you return with no less seniority than you had when you left. Signs of trouble include a sudden poor review, lost shifts or duties, comments that fathers shouldn’t take leave, or being let go soon after you return. Treating fathers’ leave requests worse than mothers’ may also be sex discrimination under FEHA.

Deadlines

A complaint to CRD is generally due within 3 years. After CRD issues a right-to-sue notice, you have 1 year to file a lawsuit. If your employer has 5 to 19 employees, you must also contact CRD’s dispute resolution division before you sue over CFRA leave. Learn more about retaliation claims, wrongful termination and filing with CRD.