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It depends on whether your company is covered by the California Family Rights Act (CFRA) and/or the federal Family and Medical Leave Act (FMLA), and whether the employee is eligible for such leave. If you have less than five employees, it will depend on your company policy.
Employers with five or more employees are subject to the California Family Rights Act (CFRA) and employers with 50 or more employees are also subject to the federal Family and Medical Leave Act (FMLA). If the employee has worked for a covered employer for at least a year and worked 1,250 hours during the year immediately preceding the leave, and, for FMLA only, worked at a location with 50 or more employees within a 75-mile radius, the employee is entitled to take child bonding leave to be with their new child.
The new parent can take up to 12 weeks within a year of the birth of the baby. Specific rules govern the use of this "bank" of time on an intermittent basis.
The employer is not required to pay the employee for this time, but the employee can apply for Paid Family Leave (PFL) through the Employment Development Department (EDD) for a wage replacement. This misleadingly named law is not a leave of absence, but a wage replacement only, and provides for up to eight weeks of wage replacement benefits.
If the employer has fewer than five employees, neither CFRA nor FMLA apply, and the time off is at the employer's discretion. If the time off is granted, then the employee can apply for PFL.
Read more about Paid Family Leave and CFRA and FMLA Qualifying Reasons in the HR Library.