{"id":351961,"date":"2016-04-04T10:46:14","date_gmt":"2016-04-04T15:46:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/paternity\/paternity-leave.html"},"modified":"2026-07-08T14:27:00","modified_gmt":"2026-07-08T19:27:00","slug":"paternity-leave","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/paternity\/paternity-leave.html","title":{"rendered":"Paternity Leave, FMLA, and State Parental Leave Laws"},"content":{"rendered":"\n
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Paternity Leave, FMLA, and State Parental Leave Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

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.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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. But only a handful of states require paid paternity leave.\u00a0<\/p>\n

If you’re unsure of your legal rights regarding parental leave from work, legal help is available. Contact an employment law attorney<\/a> near you for help.<\/p>\n

Fathers Want Parental Leave, Too<\/b><\/h2>\n

Fathers are as anxious to be part of their families’ lives as mothers. Almost all fathers rank their children as their top priority.\u00a0And 90% of working fathers<\/a>\u00a0think employers should offer some type of paternity leave.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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Need local legal help with an employment law issue? Find an attorney near you<\/a>.<\/p>\n

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Paternity Leave Under the FMLA<\/b><\/h3>\n

The\u00a0Family and Medical Leave Act<\/a>\u00a0(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.<\/p>\n

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:<\/p>\n