Paternity Leave in California: How Long You Get and Whether It Is Paid

Paternity leave in California is not governed by a single law. Fathers and other non-birthing parents may qualify for job-protected leave under the California Family Rights Act (CFRA), partial wage replacement through California Paid Family Leave (PFL), and additional protections under the federal Family and Medical Leave Act (FMLA). Below, we explain how much leave you can take, how much you may receive in benefits, and what your employer cannot legally do when you request leave.

Key Takeaways

• CFRA covers employers with five or more employees and gives eligible parents up to 12 weeks to bond with a new child within one year of the birth, adoption, or foster placement.
• Paid Family Leave (PFL) pays about 70% to 90% of your wages, depending on income, for up to eight weeks, with a 2026 maximum of $1,765 a week.
• PFL replaces wages but does not protect your job. Job protection comes from CFRA or the federal FMLA.
• If both parents work for the same employer, each parent is entitled to up to 12 weeks of CFRA leave. They do not have to split it.
• California law makes it unlawful for an employer to refuse eligible leave, interfere with it, or retaliate against you for taking it, under Government Code section 12945.2.

Is This Your Situation?

• You are expecting a baby, adopting, or fostering, and you are not the birthing parent.
• Your employer told you paternity leave is “up to the company” or only for mothers.
• You and your partner work for the same company and were told to share one leave.
• Your hours, duties, or job changed after you asked for leave or came back from it.

How Does Paternity Leave in California Work?

Paternity leave in California works through two separate systems. State and federal leave laws may protect your job while you are away, while California’s Paid Family Leave program provides partial wage replacement. Many eligible fathers and other non-birthing parents rely on CFRA for job protection and PFL for pay, and some also qualify for the federal FMLA.

Danielle Langella, an associate attorney at Abramson Labor Group, hears one misunderstanding most often: “Fathers think paternity leave is something their employer gets to decide whether to offer. Many don’t realize that California law provides eligible fathers with up to 12 weeks of protected bonding leave.”

CFRA: Job-Protected Bonding Leave

The California Family Rights Act applies to employers with 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 may also qualify.

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, employers generally must maintain group health insurance coverage under the same conditions as if the employee had continued working. When the employee returns, the employer generally must reinstate them to the same or a comparable position, subject to limited exceptions.

FMLA: The Federal Law at Larger Employers

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.

Is Paternity Leave Paid in California?

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. The program 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 approximately 70%-90% wage replacement, depending on qualifying earnings, with 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 wage replacement program, not a job-protected leave entitlement. 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.

Danielle Langella sees this mix-up often too: “[Many fathers also think] that paid leave and job protected leave are the same thing; they are not. You may qualify for up to 12 weeks of protected leave under CFRA, but [PFL] generally provides only up to 8 weeks of partial wage replacement.”

What If You and Your Partner Work for the Same Employer?

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.

Can You Take Paternity Leave in Pieces?

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.

Can Your Employer Deny or Punish You for Taking Paternity Leave?

Employers generally cannot deny or retaliate against employees for exercising their rights to qualifying paternity leave. 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.

According to Danielle Langella, pushback often starts small: “Some employers treat paternity leave as optional or suggest they don’t need the full time off. A father shouldn’t have to choose between bonding with their child and protecting their career.”

Potential warning signs include 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 additional warnings.

Records often decide whether a leave denial or retaliation claim is strong. In Langella’s words: “Documentation can make a big difference. Make sure there is a leave request in writing, the employer’s response, emails, or text discussing the leave and any changes in the treatment afterwards.” If you believe you were treated differently because you took or requested leave, consider speaking with an employment attorney.

What to Consider Before You Take Paternity Leave

1. Check your eligibility. CFRA eligibility depends on employer size, more than 12 months of service, and 1,250 hours.
2. Plan around the one-year deadline. Bonding leave and PFL must be used within the first year after the birth, adoption, or foster care placement, so leave time unused after that point may be lost.
3. Coordinate your PFL weeks to fall inside your CFRA or FMLA leave, since PFL alone does not protect your job.
4. Provide notice and keep records. Make leave requests in writing and save your employer’s replies, which can matter if a dispute comes up later.

Langella’s one piece of advice for every father before leave starts: “Put your request in writing and keep a copy! Even if you discussed it verbally, confirm it in writing.”

How Long Do I Have to File a Claim If My Leave Rights Were Violated?

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. 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.

Frequently Asked Questions

Do I still pay my share of health premiums during paternity leave?

Usually, yes, if you paid part of the premium before leave. The CFRA regulations require your employer to give you advance written notice of how to pay your share. During unpaid leave, the employer may have you pay it or the insurer directly. It cannot add an administrative charge.

Can I lose my job if there is a layoff during paternity leave?

Possibly, but the employer carries the burden. The CFRA regulations require it to prove by a preponderance of the evidence that you would not otherwise have been employed on your return date. A genuine layoff is one example. Being replaced while you were out is not enough: an employee “is entitled to reinstatement even if the employee has been replaced.”

Can I get Paid Family Leave if my employer has fewer than five employees?

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. There is no minimum employer size for PFL. CFRA job protection, however, applies only at employers with five or more employees, so PFL may pay you without guaranteeing your job.

How is paternity leave different from maternity leave in California?

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.

Do I have to give my employer notice before paternity leave?

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.

Can my employer make me use vacation time during paternity 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.

Is Paid Family Leave taxable?

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.

Does immigration status affect Paid Family Leave?

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.

When to Talk to an Employment Lawyer About Paternity Leave

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.

Last updated: October 28, 2026

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.