Do I have to pay an employee while they're on child bonding leave?

Employers are not required to pay the employee while on child bonding leave under the federal Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA). However, an employee may apply for Paid Family Leave (PFL) benefits through the California Employment Development Department (EDD) and receive a partial wage replacement while on leave.

However, employers that fall under the City of San Francisco’s Paid Parental Leave Ordinance (PPLO) may have to pay eligible employees a portion of their wages during child bonding leave.

The PPLO requires covered employers to provide "supplemental compensation" to employees who are off work for child bonding and are receiving PFL benefits. The required supplemental compensation is the difference between the amount of the PFL benefits the employee receives and the employee's normal gross weekly wages so that employees receive up to 100 percent of their weekly wages, subject to a weekly maximum cap.

Read more about Paid Family Leave and San Francisco Paid Parental Leave Ordinance in the HR Library.

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