Your Chosen Family Counts! Know Your Leave Rights as an LGBTQ worker in California
This Pride month, know your leave rights in California! Many LGBTQ+ adults care for and receive care from their chosen family, and California law is starting to reflect the importance of chosen family.
Frequently Asked Questions
Who counts as chosen family?
Chosen family are the people you have chosen to build a life with, regardless of blood, marriage, or legal relationship. They show up, provide care, and form the foundation of your support system.
Partner that you live with
Close friends who function as siblings, parents, or children
Mentors or community elders you rely on for guidance
Neighbors or community members who provide daily support
Former foster siblings or those who share your lived experience
Extended family members like cousins, aunts, and uncles
Anyone you would turn to in a health crisis or emergency
How can you care for chosen family?
Caring for chosen family looks like the same meaningful support you'd offer any loved one, and in California, it's now increasingly protected by law.
Attending medical appointments and advocating for them in healthcare settings
Providing transportation, meals, or in-home assistance during illness
Supporting mental health: therapy visits, counseling, or just being there for them during recovery
Assisting with safety planning if they've experienced violence
Taking job-protected leave under CA law to be present when it matters
Can I take Paid Family Leave to care for my chosen family?
You currently can not take paid family leave for your chosen family.
But starting in July 2028, Paid Family Leave will expand to cover a “designated person,” who can be a member of your chosen family. Paid Family Leave provides up to 8 weeks of partial pay for eligible workers.
What California leave laws can I use to take care of my chosen family?
Currently, you can take job-protected leave (which is unpaid) and paid sick and safe days to care for yourself or a chosen family member. Paid safe days can be taken and used to help a chosen family member with safety planning related to violence.
Resources
Workplace Rights for LGBTQ+ Parents - A factsheet covering Workplace Rights for LGBTQ+ Parents, including information on Paid Family Leave, Paid Sick Days, and Lactation Accommodations. orientation, marital status, or biological relationship to a child, the right to time off. California laws provide parents, regardless of their gender identity, sexual orientation, marital status, or biological relationship to a child, the right to time off and wage replacement for parenting. Credit : Legal Aid at Work
Know Your Rights: Taking Job-Protected Leave and Sick Days to Care for Chosen Family - A one page guide on taking unpaid job protected leave and Paid Sick Days to care for Chosen Family members. Credit: Legal Aid at Work
