There are many ways to build a family, and bonding with a new baby in the early days is crucial for both parents and child. Fortunately, California has strong protections for working parents, including for non-biological parents. When planning a family, it’s important for non-biological parents in California to understand which of the state’s pregnancy and maternity leave laws accommodate adoptive and foster parents.
The Family and Medical Leave Act and Non-Biological Parental Leave
Under the California Family and Medical Leave Act (FMLA), a non-biological parent may take job-protected leave to care for a loved one during the loved one’s pregnancy. For example, in California, FMLA covers necessary medical leave to care for a spouse, domestic partner, parent, child, or the employee’s selected “designated other person.” Under FMLA in California, a designated person does not have to be a biological relative.
The California Family Rights Act and Non-Biological Parents
The California Family Rights Act (CFRA) is California’s maternity leave law, allowing a parent to take 12 weeks of unpaid work leave to bond with their new child after birth. This law also applies to non-biological parents who have adopted a child or taken a foster child into their home.
CFRA is unpaid leave, but employers must continue to cover the employee’s benefits, including accruing retirement benefits and seniority, and maintain the employee’s health insurance.
All employers in California with five or more employees must follow CFRA requirements for both biological and non-biological parents. Employers may face legal consequences if they deny CFRA to a new parent, including a non-biological parent. There are significant legal and financial consequences for retaliation or wrongful termination.
Paid Family Leave In California for Partial Wages
Sometimes, unpaid CFRA leave can cause financial hardship for families. In California, many parents are eligible for up to eight weeks of Paid Family Leave (PFL), at 70%-90% of their standard weekly pay, with a $1,765 per week maximum. This applies to both non-biological and biological parents. To be eligible for PFL in California, the employee must have State Disability Insurance (SDI) withheld from their paychecks as a standard deduction. In California, this deduction is listed as CA-SDI on pay stubs.
PFL is available for qualifying non-biological parents as well as biological parents.
Pregnancy Disability Leave Is Not Available to Non-Biological Parents In California
Some pregnant mothers develop temporary, pregnancy-related disabilities that interfere with their ability to accomplish necessary job tasks. For example, conditions such as pre-eclampsia, doctor-ordered bed rest, anemia, severe edema, and hyperemesis gravidarum (severe morning sickness) may require time away from work. California’s Pregnancy Disability Leave (PDL) allows up to four months of unpaid, job-protected leave for pregnant women, while the employer must continue to maintain the employee’s benefits and seniority. This type of leave is only available to pregnant women in the workforce; therefore, non-biological parents cannot take leave from their jobs under the protection of pregnancy disability leave.
An exception to this occurs only in cases of pregnant women carrying non-biological children during surrogacy.
How Can a California Employment Lawyer Help a Non-Biological Parent With Pregnancy Leave?
It’s important to know your legal rights and all options available to non-biological, working parents in California. Contact an experienced California employment lawyer at Sparrow Law Group to learn how we can help you exercise your right to leave time from a qualified employer.