Is an employee in the process of adopting a child eligible for Paid Family Leave (PFL)?

Yes, eight weeks of Paid Family Leave (PFL) benefits are available to individuals for time spent off work to bond with a new minor child in the event of a birth, foster care placement or adoption.

The bonding must be completed within the 12-month period beginning on the date of the birth or placement.

An individual qualifies for PFL if they pay into the state disability program and does not have to work a minimum number of hours or days before becoming eligible. PFL benefits are based on the employee’s earnings shown in a base period approximately five to 18 months before the beginning of the PFL claim.

It is important to remember, however, that PFL is a wage replacement benefit only, and not a protected leave on its own. It does not protect an employee’s job.

Depending on the size of your company, the employee may be eligible for job-protected child bonding leave under the federal Family and Medical Leave Act (FMLA) (50 or more employees) or California Family Rights Act (CFRA) (five or more employees).

Alternatively, an employer may be more generous than the law requires and agree to grant time off for employees if the business is not hampered by the employee taking the time off. 

Read more about Paid Family Leave and FMLA and CFRA Qualifying Reasons in the HR Library.

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