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Paternity leave in California is not one single law. Fathers and other non-birthing parents usually get time off from one law and pay from another, and a third law may apply at larger employers. Below, we explain how long you can take, how much it pays, and what your employer cannot do when you ask for it.
How Long Is Paternity Leave in California, and Is It Paid?
Eligible fathers and other parents can take up to 12 weeks of job-protected bonding leave under the California Family Rights Act (CFRA) if they work for an employer with five or more employees. Pay comes separately: Paid Family Leave provides up to eight weeks of partial wage replacement.
Paternity leave in California works through two separate systems. A leave law protects your job while you are away, and a state insurance program pays part of your wages. Most fathers rely on CFRA for job protection and PFL for pay, and some also qualify for the federal FMLA.
The California Family Rights Act applies to any employer of five or more full- or part-time employees. To qualify, an employee generally needs more than 12 months of service and at least 1,250 hours worked for that employer in the 12 months before the leave begins. That works out to roughly 24 hours a week, so many part-time workers qualify too.
An eligible employee can take up to 12 workweeks in a 12-month period, and bonding leave must be taken within one year of the child’s birth, adoption, or foster placement. During CFRA leave, your employer must continue to make your health benefits available, and when you return you are guaranteed the same or a comparable position.
The federal Family and Medical Leave Act covers private employers with 50 or more employees in 20 or more workweeks. Employees qualify after 12 months and 1,250 hours of service, but only if the employer has at least 50 employees within 75 miles of their worksite. Federal rules confirm that both parents are entitled to FMLA leave to bond with a newborn during the first 12 months. For a side-by-side look at the two leave laws, see our article on CFRA vs. FMLA in California.
| CFRA | FMLA | Paid Family Leave (PFL) | |
| What it does | Protects your job | Protects your job | Pays part of your wages |
| Employer size | 5 or more employees | 50 or more employees | Based on your SDI payroll deductions |
| Length for bonding | Up to 12 workweeks | Up to 12 workweeks | Up to 8 weeks |
| Window | Within 1 year of birth or placement | Within 12 months of birth | Within 1 year of birth or placement |
| Parents at the same employer | Each parent gets up to 12 weeks | Spouses may be limited to 12 weeks combined | Each benefit is based on that worker's own wages |
Partly. Paternity leave in California is usually paid through the state’s Paid Family Leave program, which pays a weekly benefit while you bond with a new child, and it is funded by mandatory payroll deductions from covered workers. The Employment Development Department (EDD), which keeps a Paid Family Leave page for fathers, bases the benefit on wages you earned 5 to 18 months before your claim starts, and the length of time at your current job does not affect eligibility.
For claims that begin on or after January 1, 2026, EDD’s benefit table pays 90% of weekly wages for many lower and middle earners and 70% for higher earners, up to a maximum of $1,765 a week. Benefits last up to eight weeks in a 12-month period. You can learn more in our guide to California Paid Family Leave.
PFL is a payment program, not a leave of absence. EDD states that PFL “does not provide job protection,” so your right to return to work comes from CFRA or FMLA. If your employer is too small for either law, PFL may still pay you, but it does not by itself require your employer to hold your job.
Under California’s CFRA, parents who work for the same employer do not have to split their leave. Under a change that took effect January 1, 2021, the Civil Rights Department states that “each parent is entitled to up to 12 weeks of leave.”
Federal law is different. Under the FMLA, spouses employed by the same employer may be limited to a combined total of 12 weeks for the birth of a child and bonding. How the two laws overlap depends on the facts, so if your employer tells you to share one leave, an employment attorney can evaluate whether that is correct for your situation.
Often, yes. Paternity leave in California does not have to be taken all at once. The CFRA regulations set a basic minimum of two weeks for each block of bonding leave, but an employer “shall grant a request for a CFRA leave of less than two weeks’ duration on any two occasions” and may allow more. That lets a father take two weeks after the birth and more weeks later in the first year, for example when a partner returns to work.
PFL can also be spread out. EDD says benefits “can be staggered within the first 12 months” after a child joins your family. Under the federal FMLA, however, intermittent bonding leave requires the employer’s agreement.
No, not if you are eligible. Government Code section 12945.2 makes it an unlawful employment practice for a covered employer to refuse a qualifying CFRA leave request. Subdivision (q) also makes it unlawful to “interfere with, restrain, or deny the exercise of” CFRA rights, and subdivision (k) bars discrimination against an employee for exercising the right to leave.
Problems can look like a manager saying fathers do not need time off, a demotion or change in job duties after you return, a sudden write-up after a leave request, or a termination soon after your leave ends. Our article on retaliation for taking family leave covers the warning signs in more depth. If you believe you were treated differently because you took or requested leave, consider speaking with an employment attorney.
Different employment claims can have different deadlines. For many claims under California’s Fair Employment and Housing Act, which includes CFRA, an employee generally has three years from the date they were last harmed to begin the process with the Civil Rights Department. That period does not apply to every claim, and other steps have their own clocks. An employment attorney can evaluate which deadlines apply to your situation.
If your employer denied eligible leave, told you to split leave with a partner, cut your hours or duties after you returned, or ended your job during or after leave, consider speaking with a California employment lawyer. A lawyer can review whether CFRA, FMLA, or both apply, explain your options, and help you act before a deadline passes. Losing a job after protected leave can also raise retaliation and wrongful termination questions.
At Abramson Labor Group, we represent California employees facing leave denials and retaliation. Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation, contact us, or call us at (213) 493-6300.
Generally, yes, during CFRA leave. The Civil Rights Department states that if you have employer health benefits, “the employer must continue to make these benefits available during the leave.”
Possibly. EDD’s eligibility list for fathers looks at whether you welcomed a new child in the past 12 months, paid into State Disability Insurance in the past 5 to 18 months, and have not already used the maximum eight weeks. Employer size is not on that list. CFRA job protection, however, applies only at employers with five or more employees, so PFL may pay you without guaranteeing your job.
Bonding leave under CFRA and PFL is available to either parent. A birthing parent may also qualify for Pregnancy Disability Leave and State Disability Insurance for the pregnancy itself, which a non-birthing parent does not. Our article on maternity leave in California explains those rules.
Usually, yes. When the need is foreseeable, such as an expected birth, an employer may require at least 30 days’ advance notice before CFRA leave begins. If 30 days is not practicable, notice must be given as soon as practicable. You do not have to mention CFRA by name, but you must state the reason you need the leave.
It can. Under the CFRA regulations, an employee may choose, or an employer may require, the use of accrued vacation or other paid time off during the unpaid part of CFRA leave. Accrued paid sick leave is different: for bonding leave, it can be used only if you and your employer both agree.
For federal taxes, yes. EDD states that PFL benefits are taxable and reportable on your federal return only, and it treats them as exempt from California state income tax. EDD issues a Form 1099G for the benefits you received.
No. EDD states that citizenship and immigration status do not affect eligibility for PFL. Many California workplace protections apply regardless of status, as our article on immigration status and workplace rights explains.
This article is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.
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