Husband's paternity leave filing deadline after my EDD benefits end - can he still apply?
Hey everyone, I'm about to finish my combined maternity/baby bonding leave (6 weeks PDL + 8 weeks PFL) and now my husband wants to take his turn with our little one. His last day at work will be 1/27, but I'm freaking out because I vaguely remember reading something about a 41-day deadline after birth for dads to file for bonding leave? Our baby is already 3.5 months old - did we miss some cutoff date? Can he still apply for his full 8 weeks of PFL bonding time? His HR department wasn't helpful at all and just directed him to EDD's website which is SO confusing. Help!!
17 comments


Carmen Reyes
Don't worry! There's no 41-day deadline for baby bonding leave. Your husband can file for PFL baby bonding anytime within the first 12 months after your child's birth. What you might be thinking of is that he needs to file his claim within 41 days of when he wants his benefits to BEGIN. So if his last day of work is 1/27, he should submit his application shortly before that date (I'd recommend 1-2 weeks before).
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StarSurfer
•Omg thank you so much! I've been stressing about this all week. So just to be clear - since the baby is only 3.5 months old, we're well within the 12 month window, and he just needs to apply a bit before his leave starts? That's such a relief!
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Andre Moreau
my husband did his paternity leave after i finished mine too last year, worked great!! just make sure ur husband gets the right form its the DE2508 for bonding not the disability one. and his doctor doesnt need to sign it for bonding only u need to show birth certificate
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StarSurfer
•Thank you! Yes, I think he already downloaded the DE2508 form. Do you know if he needs to attach a copy of the birth certificate to his application or just have it available if they ask for verification later?
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Zoe Christodoulou
There's an important distinction here: the timeline you're concerned about (41 days) refers to when he needs to FILE the claim relative to his desired benefit start date, not when he can take the leave relative to birth. The actual rules are: 1. He must take his baby bonding leave within the first 12 months after birth 2. He must file his claim NO LATER THAN 41 days after his leave begins 3. Ideally, he should file BEFORE his leave starts (as close as possible to his leave start date) So for a January 27th leave start date, he should file his PFL claim around mid-January, but absolutely no later than early March. This gives EDD time to process the claim before his first certification period.
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StarSurfer
•This is SO helpful, thank you for clarifying! We'll make sure he files in mid-January before his last day. With all the hormones and sleep deprivation, I must have totally misunderstood what I read about the 41 days. I really appreciate everyone's help!
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Jamal Thompson
BEWARE!!! The EDD makes this process WAY more complicated than it should be. Make sure your husband's employer KNOWS he is taking PFL and not some other type of leave. My husband's company tried claiming he wasn't eligible because they confused PFL with FMLA (totally different things). And then EDD denied his claim initially because the HR person put the wrong date on his form. TOTAL NIGHTMARE that took 6 weeks to sort out!!!
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StarSurfer
•Ugh, that sounds awful! His company is pretty small so they don't seem to know much about these benefits at all. They just told him to figure it out with EDD directly. Did your husband eventually get all his benefits? How long did the approval take once everything was correct?
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Jamal Thompson
•Yes he eventually got everything but only after HOURS of trying to get through to EDD. Once we finally fixed all the paperwork issues it took about 10 business days to get approved and then another week for the first payment. Document EVERYTHING and take screenshots of all confirmations!
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Mei Chen
I just went through this process for my husband's bonding leave. The most important advice I can give is to try calling EDD *before* he submits his application to make sure he's doing everything correctly. But... good luck actually reaching someone. I spent 4 days calling repeatedly, getting disconnected, or waiting on hold for 2+ hours. I finally used a service called Claimyr (claimyr.com) that got me through to an actual EDD representative within 20 minutes. You can see how it works in their video demo: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5. Being able to ask specific questions about my husband's application saved us from making mistakes that would have delayed his benefits.
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CosmicCadet
•did they ask for your personal info? sounds sketchy tbh
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Liam O'Connor
lol welcome to the wonderful world of California parental benefits! My experience was that my wife did her leave and then I did mine right after, just like you guys. The paperwork nightmare never ends but you'll get through it! One random tip: make sure he doesn't file TOO early. I filed like 3 weeks before my leave and they got confused and thought I wanted benefits starting immediately. Had to call and straighten it all out.
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StarSurfer
•Thanks for the tip! So maybe he should wait until about 1-2 weeks before his leave starts to file? That's helpful to know.
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Zoe Christodoulou
To add some additional clarity on your specific situation: 1. Since your baby is 3.5 months old, your husband has approximately 8.5 more months to take his baby bonding leave (within the 12-month window) 2. He can take his 8 weeks consecutively or intermittently (broken up into smaller periods) as long as it's completed within the 12-month window 3. His claim form (DE2508) should include: - Copy of child's birth certificate or hospital discharge papers - His employment information - His requested leave start date (1/27/2025) 4. He should file approximately 7-10 days before his leave begins (so around January 17-20) 5. Make sure he understands the bi-weekly certification process once his claim is approved The fact that you're planning the transition from your leave to his leave is actually ideal and exactly how the system is designed to work!
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StarSurfer
•This community is amazing! Thank you for such detailed information. I'll make sure he includes the birth certificate copy with his application. One last question - does he need anything from my claim or are our PFL claims completely separate? I wasn't sure if I needed to do anything on my end to show that my leave is ending as his begins.
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Zoe Christodoulou
•Your claims are completely separate! The EDD doesn't require any coordination between parents' leaves. Each parent gets their own independent 8-week entitlement for PFL baby bonding, regardless of whether the other parent uses their leave or not. You don't need to provide any documentation about your leave ending for his claim to begin. The system is designed to allow parents to stagger their leaves exactly as you're doing.
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Kirsuktow DarkBlade
Just wanted to add my experience as another data point! My partner and I did exactly what you're planning - I took my full maternity/bonding leave first, then he took his 8 weeks right after mine ended. The transition was seamless and it gave our baby continuous parental care for almost 4 months total. One thing that really helped us was creating a simple checklist for his application: - DE2508 form completed - Birth certificate copy attached - Employer contact info ready - Bank account info for direct deposit - Filing date marked on calendar (1-2 weeks before leave starts) The whole "41 day" thing definitely confused me too at first! But as others have explained, it's about when to file relative to when benefits start, not when to take leave relative to birth. You're totally fine timing-wise. Good luck with the application process!
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