Right after a successful surrogacy journey, intended parents can look forward to bringing home their newborn child. The first days at home are important for bonding between parent and child and intended parents deserve to take time off from work. But the question is, how does one get the time?
If you are an intended parent, you might be wondering if you can get paid parental leave for your child born through surrogacy. If you are living in California, the answer is yes, parents of a child born by surrogate have the ability to take paid time off.
In this article, we will be discussing some important information you need to know about the Paid Family Leave (PFL) in California.
In California, to be eligible for PFL, parents must welcome a new child into the family in the past 12 months, must have earned at least $300 from which State Disability Insurance (SDI) deductions were withheld in the last 12 months, must be currently employed, and must have not taken more than eight weeks of PFL in the past 12 months.
A claim for paid family leave may not be submitted earlier than the first day the family leave begins and no later than 41 days after the family leave began.
Intended parents submit a Certification for Paid Family Leave (PFL) Benefits (Form DE 2501C) and proof of relationship on family bonding claims (e.g., a copy of the child’s birth certificate or a court judgment). The easiest way to have your claim processed is to submit your completed forms electronically in SDI Online as an attachment. To submit electronically, create an SDI Online account at the EDD website. Select New Claim from the menu, and select Submit Electronic Paid Family Leave Care Attachment.
Once EDD determines eligibility, intended parents can receive benefit payments for up to eight weeks in a year. The leave does not need to be taken all at once, and it can be taken with employer paid sick leave, but the total payment is not to exceed 100% of your wages. PFL payments are about 60 to 70 percent of the average weekly wages earned five to 18 months before their claim start date.
Thirteen states including California currently have laws on the books granting paid family leave for bonding with a new child, whether the child is born from a surrogate pregnancy, is a placement due to adoption, or is the result of a natural birth.
Are you embarking on a surrogacy journey and have questions for a lawyer? Please contact us and schedule a consultation.
This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.