Adoption and foster leave in CaliforniaA new child, by any path.

California’s family leave law, the California Family Rights Act (CFRA), covers the placement of a child with you for adoption or foster care, the same way it covers a birth. The law’s definition of “child” includes an adopted or foster child. The Civil Rights Department (CRD) says the leave is up to 12 weeks within one year of the child’s birth, adoption, or start of foster care.

CRD also says both parents are entitled to CFRA leave, including adoptive, foster and same-sex parents, even if both work for the same employer. During the leave:

• Your health coverage continues. If your employer pays for group health coverage, it must keep paying, up to 12 workweeks.
• Your job is held. You return to the same or a comparable position.
• Your seniority is kept. You return with no less seniority than when you left.

CFRA leave is unpaid, but Paid Family Leave can replace part of your pay. At employers with 50 or more employees, federal FMLA runs at the same time and adds no weeks; see how PDL, CFRA and FMLA fit together. Our maternity leave guide and parental leave and bonding page cover the rest of the picture.

The clock for adoption and foster leave starts at placement, the day the child comes to live with you. California’s CFRA rules say any bonding leave must be finished within one year of the placement. EDD’s rules for Paid Family Leave also look at whether the child joined your family in the past 12 months.

• You can split it up. The basic minimum for each block of CFRA bonding leave is 2 weeks, but your employer must grant shorter blocks on any two occasions.
• You can wait. You do not have to start the day the child arrives, as long as you finish within the year.
• More placements share the 12 weeks. CFRA gives up to 12 workweeks in a 12-month period, so a second placement in the same 12 months draws from the same 12 weeks.

Before the placement

Adoption often means court dates, home visits and meetings before the child arrives. Under federal FMLA, the U.S. Department of Labor says you may take leave before the placement, for example to attend counseling, appear in court, or meet with an attorney or doctor. FMLA covers employers with 50 or more employees. California’s CFRA rules don’t clearly address time off before the placement, so if you need time beforehand at a smaller employer, ask in writing and check your employer’s policy.

EDD says Paid Family Leave is for foster and adoptive parents welcoming a new child into the home. To qualify, the child must have joined your family through adoption or foster care in the past 12 months. You must also have paid into SDI in the past 5 to 18 months, and not have used 8 weeks of PFL in the past 12 months. EDD says citizenship and immigration status do not affect eligibility.

• 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, which you can break up.
• No waiting period: EDD says PFL pays from the first day of leave.

PFL pays you, but it does not protect your job. For that, you need CFRA or FMLA. During CFRA leave, your employer may require you to use vacation unless you are receiving PFL, and may not require you to use sick leave. See is maternity leave paid and SDI, PFL and job protection for how the pay is figured.

The CFRA statute makes it unlawful to fire you, refuse to hire you or take other action against you because you used this leave. It is also unlawful to interfere with or deny it. That protects adoptive and foster parents the same as birth parents.

A complaint to CRD is generally due within 3 years, and you have 1 year after a right-to-sue notice 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. See retaliation claims, getting your job back after leave and filing with CRD.