How to Speak with Your Employer About Parental Leave

How to take Parental Leave for Surrogacy in California - Surrogacy California - Surrogacy Laws - Maternity Leave for Surrogacy - Surrogacy Parental Leave

Every new parent needs time to bond with their babies after delivery. If you are an Intended Parent who just had a baby (whether you are in California or any other state), you might wonder if your employer includes surrogacy in their maternity leave or parental leave policy as per state laws. You are probably worried about discussing this subject with your boss or about how they are going to react. It’s normal to have these fears. However, there are some things you need to know that can put your mind at rest. Our surrogacy agency in San Diego, California has helped many Hopeful Parents navigate through these situations properly.

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What type of benefits can Intended Parents and Surrogates get from Surrogacy in California, US?

Both Intended Parents and Surrogates can get maternity leave for Surrogacy as per FMLA (Family and Medical Leave Act). This protection includes up to 12 weeks of leave for medical and family reasons, including the birth of a baby. However, note that FMLA does not include paid leave and has certain restrictions. For instance, employees must have worked a certain amount of time to be eligible for FMLA.

Before you take time off work, check with your HR or employer to be aware of all of their policies. In the end, it is up to your employer to determine whether you can get leave. You can also use this time to find out if your employer provides paid parental leave and find more about the surrogacy laws. If this option is not available, you may need to work out a flexible schedule with your partner. Plan it so that it includes working part-time or working from home. It is vital for you to remember to ask your employer what type of options you have and make a plan with them before going on leave.

How to speak to your boss

You will have to inform your boss about your surrogacy journey at some point. Based on your employer, you may be the first worker to break the surrogacy news to them. So, they may not know what to expect.

Physician’s Surrogacy, California provides some tips for navigating this conversation:

Let them know early

It is necessary that you specify when you intend to go on leave. It will ensure that your boss can plan ahead. Your employer might not be able to provide much help if you don’t tell them and give them enough time to work around your timeline. It is always better to let them know earlier rather than later, so try to plan ahead.

Talk to them face-to-face

There is no better way to talk to your employer than face-to-face. Plan for when they are not busy and set aside some time to discuss your parental leave plan. Be sure they understand what you are planning your leave timeline to look like.

Determine what your leave will look like

While some parents like to take the entire twelve weeks of FMLA, others are okay with just a few weeks. While planning for Surrogacy, go through the worker handbook provided by your employer to know your company’s policy regarding paternal and maternity leave.


Remember that surrogacy is still a “new” concept for many people. Some employers might not be understanding if you ask for leave. Sadly, this implies that Intended Parents may have to go through some challenges in that place of work. If this is the case for you, or your employer does not have any arrangements for Intended Parents and Surrogacy, you might not know the next thing to do. If you encounter any discrimination in your workplace, don’t be afraid to involve HR or a lawyer to fight on your behalf. Dependent on your situation, you may even want to talk to them first for some helpful tips. It is important to remember that you deserve as much time as any other person to form that special bond with your baby.

Do you have any questions regarding parental leave or surrogacy laws and your rights as an Intended Parent? Contact Physician’s Surrogacy, California at (858) 345-3273, or schedule a free consultation so we can discuss what your path towards parenthood looks like. You can also visit us at for more info.

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