Paternity Leave in the U.S.: Laws, Rights, and Benefits Explained

Navigating paternity leave in the U.S. can be challenging for employees. With no federal law guaranteeing paid leave, most fathers rely on a patchwork of FMLA protections, state policies, and employer benefits—if available. In fact, only 23% of workers have access to paid parental leave, according to the U.S. Bureau of Labor Statistics (2023).

This guide is designed to help employees understand their legal rights, leave options, and financial planning strategies. Whether you’re preparing to welcome a child or negotiating time off with HR, we’ll provide the tools and insights you need to confidently manage paternity leave

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Overview of State-Specific Paternity Leave Laws

What is Paternity Leave?

Paternity leave is a critical aspect of modern workforce policies, allowing fathers to take time off from work to bond with their newborn or adopted child. It fosters gender equality in the workplace and promotes family dynamics where both parents share caregiving responsibilities.

The Importance of Paternity Leave 

Traditionally, the burden of childcare fell primarily on mothers, leading to gender disparities in the workplace and reinforcing societal stereotypes. However, paternity leave offers fathers the opportunity to actively participate in childcare from the earliest stages. It strengthens their bond with their child and contributes to a more equitable distribution of caregiving responsibilities within the family.

The Benefits of Paternity Leave

Studies have shown that paternity leave, especially for two weeks or more, positively influences children’s perceptions of fathers’ involvement, parent-child closeness, and improves the communication between fathers and their children.

• Stronger Parent-Child Bonding: Fathers who take leave spend more time with their newborns, fostering early emotional connections.
• ‍Improved Partner Support: Enables fathers to assist with postpartum recovery and share caregiving responsibilities.
• Better Child Development Outcomes: Studies show children with involved fathers experience better cognitive and emotional growth.
• Increased Employee Satisfaction and Retention: Workers with access to parental leave report higher job satisfaction and loyalty to their employers.
• Reduced Stress and Improved Mental Health: Time off reduces stress for new fathers and improves overall family well-being.
• Gender Equality in Caregiving: Normalizes shared caregiving roles, promoting workplace and household gender equality.

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Paternity Leave VS Maternity Leave

Parental benefits such as maternity leave, paternity leave, and parental leave serve distinct purposes in assisting parents with childcare responsibilities. But what is the difference between maternity leave and paternity leave?

Maternity leave is exclusively for biological mothers, offering support during late pregnancy, post-birth recovery, and newborn care. 

On the other hand, paternity leave is available to the baby's father, the mother's partner, adoptive parents, or intended parents in surrogacy arrangement.

Parental leave is open to both mothers and fathers, biological or adoptive, is unpaid.

Legislative differences and societal perspectives regarding paternity and maternity leave reflect evolving attitudes toward gender roles and caregiving responsibilities. 

By offering both maternity and paternity leave options, employers can create a more inclusive and supportive workplace environment that recognizes the diverse needs of their employees.

Also Read: Maternity Leave: A Guide for International Employers

Do men get paternity leave in the United States?

The majority of fathers who opt for paternity leave in the USA take only one week or less. This is due to the complicated current framework of US paternity leave policies, which limits access to paid paternity leave and contributes to patterns of inequality.

The Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) is a cornerstone of federal legislation governing paternity leave in the US. Enacted in 1993, FMLA guarantees eligible employees up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons, including the birth or adoption of a child. This is below the 16-week minimum recommended by the World Health Organization.

To qualify for FMLA paternity leave, employees must work for covered employers, which include private sector companies with 50 or more employees, public agencies, and schools. Additionally, employees must have worked for the employer for at least 12 months and accumulated at least 1,250 hours of service.

Source: https://www.kff.org

State-Specific Paternity Leave Policies

While FMLA sets minimum standards for paternity leave federal government level, several states have implemented their own paternity leave laws with varying entitlements and provisions. California, New York, and Massachusetts are among the states with notable paternity leave policies. 

Do fathers get paid paternity leave everywhere in the US? Let’s dig into the state specifics.

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Source: https://www.kff.org   

California – Paid Family Leave (PFL)

California offers up to 8 weeks of paid family leave through its PFL program, covering approximately 60–70% of wages. Employees must have contributed to the State Disability Insurance (SDI) program to qualify.

New Jersey – Family Leave Insurance (FLI)

New Jersey provides up to 12 weeks of paid family leave through FLI, replacing a portion of wages. Eligible employees must have worked a minimum number of weeks and earned a certain amount within the state.

Rhode Island – Temporary Caregiver Insurance (TCI)

Rhode Island offers up to 5 weeks of paid family leave under its TCI program, which provides wage replacement for eligible employees. Workers must have paid into the state’s Temporary Disability Insurance (TDI) system.

New York – Paid Family Leave (PFL)

New York’s PFL program allows up to 12 weeks of paid leave, covering 67% of an employee’s average weekly wage, capped at a state-defined limit. Employees qualify after 26 consecutive weeks of employment.

Washington – Paid Family and Medical Leave (PFML)

Washington provides up to 12 weeks of paid leave, with wage replacement based on income. Workers qualify if they’ve worked 820 hours during the previous year in the state.

Massachusetts – Paid Family and Medical Leave (PFML)

Massachusetts offers up to 12 weeks of paid leave through its PFML program, replacing a percentage of wages based on income. Eligibility requires prior contributions to the state’s program.

Connecticut – Paid Family and Medical Leave (PFMLI)

Connecticut provides up to 12 weeks of paid family leave, offering wage replacement through its PFMLI program. Coverage is available to employees who have earned at least $2,325 in the preceding quarters.

Oregon – Paid Family and Medical Leave Insurance (PFMLI)

Starting in September 2023, Oregon will offer up to 12 weeks of paid leave through PFMLI. Employees can receive partial wage replacement, depending on income and contributions.

Colorado – Family and Medical Leave Insurance (FAMLI)

Effective January 2024, Colorado’s FAMLI program will provide up to 12 weeks of paid family leave with wage replacement. Contributions began in 2023, and eligibility depends on prior earnings.

Maryland – Time to Care Act

Maryland’s Time to Care Act, starting in 2025, will provide up to 12 weeks of paid leave. Benefits will be available to employees who meet earnings and contribution requirements.

Delaware – Healthy Delaware Families Act

Delaware will offer up to 12 weeks of paid leave beginning in 2026 under its Healthy Delaware Families Act. Eligibility will depend on employer size and employee work history.

Illinois – Family and Medical Leave Act (FMLA)

Illinois state employees are eligible for up to 10 weeks (50 workdays) of paid parental leave following the birth or adoption of a child. This leave must be taken in week-long increments and begins immediately upon the child’s arrival.

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Army Paternity Leave Regulation 2025

The army paternity leave program provides non-chargeable leave benefits for eligible service members upon the birth or adoption of a child. This program, outlined by the Department of Defense, applies to covered soldiers who are birth parents, adoptive parents, or intended parents in surrogacy arrangements.

In the paternity leave army regulation 2024, the expansion of the Military Parental Leave Program (MPLP) grants 12 weeks of parental leave to active and reserve service members who have become birth parents, adopted a child, or had a child placed for adoption or long-term foster care with them. 

Birth parents receive 12 weeks of parental leave following a period of convalescent leave, while non-birth parents are also granted 12 weeks of leave after the birth of their child.

What Is The Paternity Leave Obligations For Employers?

Employers have various responsibilities when it comes to paternity leave, including ensuring compliance with federal and state laws, developing clear policies, and effectively communicating leave options to employees.

Best Practices For Administering Paternity Leave Policies

1. Developing comprehensive paternity leave policies that outline eligibility criteria, duration of leave, and procedures for requesting leave.
2. Providing training to HR professionals to ensure they understand legal requirements and can effectively administer paternity leave.
3. Communicating paternity leave policies clearly and transparently to all employees, including information on eligibility, entitlements, and rights under federal and state laws.
4. Implementing systems to track and manage paternity leave requests, ensuring accurate record-keeping and compliance with legal obligations. 

FAQs: Paternity Leave in the United States

Is paternity leave for men mandatory in the United States?

No, paternity leave is not mandated at the federal level in the US. However, there are six states where there is paternity leave required, while some states have implemented their laws regarding, and individual companies may offer it as a benefit. 

How long does a man get paternity leave in the US?

The duration of paternity leave can vary significantly. Under the FMLA, eligible employees can take up to 12 weeks of unpaid leave for the birth, adoption, or foster placement of a child. However, the specific length of paid paternity leave, if offered, depends on the employer's policies or the state's regulations.

Are fathers paid during paternity leave in the US?

Whether fathers receive payment during paternity leave depends on their employer's policies and the state's regulations. Under the FMLA, paternity leave is unpaid. However, some states have implemented paid family leave programs that may include paternity leave benefits. Additionally, some employers offer paid paternity leave as part of their benefits package.

Can fathers take paternity leave if they work for small companies?

Eligibility for paternity leave, particularly under the FMLA, may depend on the size of the employer. The FMLA applies to companies with 50 or more employees, and eligible employees must have worked for the company for at least 12 months and 1,250 hours in the preceding year. However, individual state laws or employer policies may provide different eligibility criteria.

Playroll’s Role in Simplifying Paternity Leave Management

Playroll offers comprehensive solutions to simplify paternity leave management for employers, providing tools and resources to streamline administrative processes and ensure compliance with state and federal regulations. Request a demo today.