Paternity Leave, FMLA, and State Parental Leave Laws
Paternity leave is a period granted to fathers to care for and bond with their newborn or newly adopted child. This leave can be unpaid or paid, depending on state laws and employer policies. Under the Family and Medical Leave Act (FMLA), eligible fathers in the United States can take up to 12 weeks of unpaid leave. However, several states have enacted their own laws providing paid leave, recognizing the importance of a father’s early involvement in child-rearing and its benefits to the family’s overall well-being.
Federal and state leave laws ensure that fathers can spend time with their newborns. Under the Family and Medical Leave Act (FMLA), eligible employees can get up to 12 weeks of unpaid leave to spend with their newborns. However, only a handful of states require paid paternity leave.
The Desire for Paternity Leave
Fathers are as anxious to be part of their families’ lives as mothers. Almost all fathers rank their children as their top priority. And 90% of working fathers think employers should offer some type of paternity leave.
Despite this, fewer than three-quarters of all men take more than two weeks of available time off when a child is born. Only 6% take no time at all, and 8% take more than six weeks. The same survey showed that men would prefer to take their paternity leave later rather than immediately after the birth of a child.
Part of the problem may be social pressure. Society still sees men as the "breadwinners" of the household, and even new fathers feel the need to provide for their families. Most paternity leave is unpaid, and the first weeks of an infant’s life are uneventful. A new dad may feel both unneeded and unproductive sitting at home.
Some states and employers have tried to resolve this issue by offering paid paternity leave or letting the new parents divide their leaves between them as needed.
Paternity Leave Under the FMLA
The Family and Medical Leave Act (FMLA) is a federal law that guarantees 12 weeks of leave for American workers. FMLA leave is unpaid, but it does allow workers to care for sick family members without the risk of losing their jobs.
But, not all employees qualify for FMLA. Only federal employees and private employees of companies with more than 50 employees can qualify. To take paternity leave under FMLA, a father must:
- Be taking leave for the birth or adoption of a child or to care for a pregnant spouse
- Have worked for more than 12 months at the company
- Have worked at least 1,250 hours in that 12-month period
- Not be in a "highly compensated position" that would fall into an FMLA exemption
Under the FMLA, employee benefits continue, and the employee cannot be laid off or terminated. When the leave ends, the employee must return to their job or an equivalent position. The employee may coordinate FMLA leave with their paid time off, vacation, or sick leave.
State Laws That Provide Paternity Leave
California was the first state to offer paid paternity and maternity leave. It enacted its Paid Family Leave Insurance program in 2002. The program covers employees who earned at least $300 in the last 18 months and who have contributed to state disability insurance (SDI).
As of 2025, 17 states and the District of Columbia offer either paid or unpaid family leave. Eligibility requirements vary from state to state, but all include:
- Time off for the birth of a child, placement of a child in foster care, or adoption
- Time off to care for a pregnant spouse
- Time off for the employee’s own serious health condition or that of a family member
Requirements can include a certain number of hours worked during the qualifying period or an amount of pay earned during the previous year. Some states include full-time and part-time workers as long as the employees meet other requirements.
The table below outlines the current policies in states that provide paternity leave (or parental leave for both parents).
State |
Covered Employers |
Covered Employees |
Length of Leave |
Paid or Unpaid? |
All employers with more than 50 employees |
1 year/1250 hours |
Up to 12 weeks |
Paid |
|
Employers with at least 1 employee |
Earned at least $2500 in the base period |
12 weeks |
Paid |
|
Public and private employers with at least 1 employee |
1 year or $2325 earnings in the previous year |
12 weeks in 2 years |
Paid |
|
Employers with at least 10 employees |
1 year and 1250 hours |
Up to 12 weeks |
Paid (starting in 2026) |
|
Public and private employers |
Employees who spend at least 50% of their time in DC |
Up to 12 weeks |
Paid |
|
Private employers with more than 100 employees |
Employees who have worked 6 consecutive months |
Up to 4 weeks per year |
Unpaid |
|
Private employers with at least one Maine employee; all state employers |
|
Up to 10 weeks in 2 years* |
Unpaid |
|
Maryland** |
Employers with between 15 and 49 employees |
Worked for an eligible employer for at least 12 months and worked at least 1,250 hours in the last year |
Up to 6 weeks |
Unpaid |
Any with employees in Massachusetts (including state government) |
Earned at least $6,300 during the last four full calendar quarters |
Up to 12 weeks |
Paid |
|
Minnesota*** |
Employers with 21 or more employees |
Employees who have worked for at least 12 consecutive months |
Up to 12 weeks |
Unpaid |
State/local governments; any employer with more than 30 employees worldwide |
Employed by the company for at least a year and worked at least 1,000 hours in the past 12 months |
Up to 12 weeks |
Unpaid (Family Leave Insurance can compensate around 85% of wages for those who qualify) |
|
All private employers. Public employers may opt in. |
|
Up to 12 weeks per year |
Paid |
|
Public and private employers with at least 1 employee |
Employees who have earned at least $1000 in their base year |
Up to 12 weeks per year |
Paid |
|
All employers subject to RI’s unemployment insurance law |
|
Up to 7 weeks |
Paid |
|
Employers with more than 10 employees |
Employees who have worked an average of 30 hours per week for at least 12 months |
Up to 12 weeks in any 12 months plus 24 hours |
Unpaid |
|
All employers |
Employees who have worked at least 820 hours over 12 months |
Up to 12 weeks during any 12 month period |
Paid |
|
Employers with more than 50 employees |
Work for the employer for at least a year and at least 1,000 hours in the last 52 weeks |
Up to 6 weeks in a calendar year |
Unpaid |
*Beginning May 1, 2026, eligible workers in Maine can take advantage of up to 12 weeks of paid parental leave.
**Maryland’s new Family and Medical Leave Insurance was set to begin providing up to 12 weeks of paid family leave in 2026. However, the Maryland Department of Labor has asked to delay implementing the program until 2027.
***Minnesota will begin offering up to 20 weeks of paid family leave in 2026.
Proposed Changes to Paternity Leave Law
Advocates have pushed for expanding paternity leave laws for many years. As part of his healthcare mandate, President Obama directed the federal government to study California’s paid leave law to use as a model for other states in 2015.
The U.S. Department of Labor reports that the benefits of parental leave stretch from the workplace to the home and beyond. Paternity advocates argue for the extension of leave laws to ensure:
- Paid family and medical leave: As noted, only a few states have any paid family leave laws. Others offer up to 12 weeks of unpaid leave, which does not benefit the majority of working fathers.
- Job protection: Being seen as less dedicated may mean losing a job. The FMLA prevents an employer from firing a worker while they are on leave, but other parental leave policies may not.
- Expanded coverage: Paternity leave laws don’t always cover part-time and small-business employees. They also may not cover childcare, foster children, or temporary disability needs.
In response, states have begun implementing new leave programs that help all new parents, regardless of gender.
Have Questions About Paternity Leave or the FMLA? Get Legal Help
Complicated state and federal workplace leave laws can be overwhelming. If you believe your employer unlawfully denied you parental leave, consider contacting an employment law attorney in your area. They can answer your questions and help protect your rights.
A family law attorney can help you navigate other issues related to new children, such as adoption, custody issues, or establishing paternity.
Can I Solve This on My Own or Do I Need an Attorney?
- You can represent yourself in a paternity case, but establishing paternity can be emotionally and legally complex
- Lawyers can help you understand your rights and responsibilities
An attorney can explain the legal procedures and consequences of establishing paternity. Many attorneys offer free consultations.
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Don't Forget About Estate Planning
If you are in the midst of a paternity case, it may be an ideal time to create or change your estate planning forms. Take the time to add new beneficiaries to your will and name a guardian for any minor children. Consider creating a financial power of attorney so your agent can pay bills and provide for your children. A health care directive explains your health care decisions and takes the decision-making burden off your children when they become adults.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.