CA Parental Leave for Non-Birthing Parents: Yes, You Do Have Rights
Let’s clear something up right away:
Parental leave in California isn’t just for moms and people who give birth, and it isn’t just for people whose employer has generous leave policies!
If you’re a dad, a non-birthing parent, adopting, fostering, or welcoming a baby via surrogacy, California law does give you the right to take job-protected leave—and in many cases, partial wage replacement while you’re bonding with your new child. Still, most non-birthing parents don’t realize they qualify. Or they think taking leave will hurt their career. Or they get a confusing response from HR and give up.
Here’s what you actually need to know:
You may be eligible for 12 weeks of time out of work to spend with your new baby:
Bonding leave under the California Family Rights Act (CFRA)—this is job-protected, meaning your employer must let you return to the same or comparable job.
Paid bonding leave through Paid Family Leave (PFL)—a benefit program that replaces a portion of your wages while you take time off to bond with a new child.
Wait... even if I didn’t give birth?
Yes. Here’s some of the people who can qualify:
Fathers
Partners of birthing parents
Parents via surrogacy
Adoptive parents
Foster parents
And here’s the best part: you don’t need to take all your leave at once. You can take it intermittently—a few days a week, or a couple weeks at a time—if that works better for your family or career.
The hard truth? You probably won’t hear this from your employer.
It’s not that they’re out to get you. But most HR teams focus on birth moms and skip over the rest. If you're not being handed a clear plan, you're not alone—and you're not out of luck.
At 29 Weeks, we created a course just for California parents who want to take the time they’re owed—without going broke, losing their job, or spending 20 hours decoding state websites. We’ll show you how to qualify, how to plan your leave (including if you and your partner want to stagger it), and how to actually use your Paid Family Leave benefits, even if your employer doesn’t offer any leave benefits!
You don’t need to do this alone. And yes, you do deserve time to bond.
Join the course, Unlock Your Leave, and start building your plan.