An employee whose partner is expecting a baby or an employee who is adopting a child may be eligible for FMLA leave for bonding and newborn care purposes within 12 months of the birth or placement of the child. Please contact the Leaves Office to receive important information about options for taking leave. FMLA packets will be provided to the employee and the employee’s options for leave will be discussed.
Employee’s Rights While on Parental Leave
An employee going out on parental leave may be eligible to take up to 12 weeks maximum for bonding and newborn care purposes. The 12 weeks must be taken within 12 months of the birth or placement of the child.
- Under FMLA, an employee may take up to 12 weeks of leave for bonding and care for a newborn child.
- During the 12 week period, the employee’s job is protected.
California Family Rights Act (CFRA)
In addition to FMLA, employees are also covered under the California Family Rights Act (CFRA), which provides up to 12 weeks of family and medical leave for reasons unrelated to pregnancy disability. This can include care for a newborn child or recently placed adopted or foster child.
- CFRA runs concurrent with any remaining FMLA leave.
- During the CFRA period, the employee’s job is protected.
For more information regarding pregnancy leave, see the Pregnancy, Newborn Child, and Adopted Child Factsheet. See the Family Changes Factsheet for benefits enrollment options upon the birth of the baby. And don't forget to enroll your new baby in your insurance plans within 31 days of the birth!