In California, parental leave benefits differ depending on whether the employee is a birthing parent or a non-birthing parent. Employers must understand these differences to ensure compliance and provide the appropriate leave entitlements.
Leave Benefits for Birthing Parents
- Pregnancy Disability Leave (PDL): Up to four months of job-protected leave for pregnancy-related medical conditions, childbirth, and recovery.
- California State Disability Insurance (SDI): Provides partial wage replacement during PDL.
- California Family Rights Act (CFRA) Leave: Up to 12 additional weeks for baby bonding, taken after PDL ends.
- Paid Family Leave (PFL): Provides 70% wage replacement for up to 8 weeks during bonding leave.
Leave Benefits for Non-Birthing Parents
- CFRA Leave: Up to 12 weeks of job-protected leave for bonding.
- Paid Family Leave (PFL): Provides 70% wage replacement for up to 8 weeks.
- No access to Pregnancy Disability Leave (PDL) or State Disability Insurance (SDI) unless they have their own medical condition.
Key Employer Considerations
- Birthing parents may be out for 6-7 months, while non-birthing parents typically take 2-3 months.
- Employers must coordinate benefits properly to ensure compliance and minimize payroll disruptions.
- Clearly outline eligibility requirements and benefits in your parental leave policy to avoid confusion.
