Can foster and adoptive parents get time off from work to bond with a child?

September 3, 2014 By

Federal law (FMLA) and California state law (CFRA) entitle adoptive parents to take 12 week of unpaid parenting leave, just like biological parents. These laws apply only to employers who have 50 or more workers.

Additionally, California employees are entitled to 55% of their salary for six weeks of leave to bond with a foster child or an adoptive child.   This financial benefit is called income replacement.

“Paid Family Leave” (income replacement) is available to a foster or adoptive parent if:

(1) you are a worker who pays into the State Disability Insurance (SDI) program, and
(2) you are taking leave to bond with a newborn baby or a newly adopted or foster child, or to care for a parent, child, spouse or registered domestic partner with a serious health condition.
The Paid Family Leave (PFL) law provides you with up to 6 weeks of partial pay—55% of your weekly wage (up to a maximum benefit).   What doesn’t the law provide?

The law does not guarantee job protection. However, many workers qualify for 12 weeks of job-protected leave under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). PFL should be taken concurrently with FMLA and/or CFRA to guarantee job protection.

How do I apply for PFL?

Apply online at www.edd.ca.gov. If you have any questions about PFL, you can call the EDD at 1-877-BE THERE (877-238-4373).