{"id":351964,"date":"2025-02-18T16:28:28","date_gmt":"2025-02-18T21:28:28","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/paternity\/paternity-vs-maternity-leave-key-legal-differences.html"},"modified":"2025-02-18T16:32:24","modified_gmt":"2025-02-18T21:32:24","slug":"paternity-vs-maternity-leave-key-legal-differences","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/paternity\/paternity-vs-maternity-leave-key-legal-differences.html","title":{"rendered":"Paternity vs. Maternity Leave: Key Legal Differences"},"content":{"rendered":"\n
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Paternity vs. Maternity Leave: Key Legal Differences<\/h1>\n
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\n By Balrina Ahluwalia, Esq.<\/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

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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

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Parental leave is an employee benefit that allows parents to take time off work to care for their new baby or child. This leave is applicable to birthing, adoptive, or foster parents. Maternity leave typically includes recovery time for birth mothers, while paternity leave enables non-birthing parents to support their partners and adjust to new family dynamics. The term "parental leave" has become more popular to include all types of families and support gender equality.<\/p>\n\n <\/div>\n\n

For families expecting a child, it can be an exciting time. Whether this involves the birth of a newborn, adoption of a child, or foster care<\/a>, parents often want to take time off work to welcome the new addition to their family. This allows new parents to bond with their child, recover from childbirth (for birthing parents), and figure out childcare arrangements<\/a>.<\/p>\r\n

But this can be overwhelming if you aren\u2019t quite sure what your rights are with respect to parental leave. In this article, we examine parental leave laws<\/a> and the different types of leave that may be available for parents expecting a new family member.<\/p>\r\n

What is Parental Leave?<\/h2>\r\n

Parental leave is a type of employee benefit that allows parents to take time off work to care for their new baby\/child. This leave can be for birthing parents, adoptive parents, or foster parents<\/a>.<\/p>\r\n

In this context, we often hear references to \u201cmaternity leave\u201d and \u201cpaternity leave.\u201d These terms are becoming less common in favor of the more inclusive "parental leave." This better recognizes all families, including those with same-sex couples, and adoptive\/foster parents<\/a>.<\/p>\r\n

Inclusive language regarding parental leave also supports gender equality by affirming both parents\u2019 potential roles as caregivers for the new child.<\/p>\r\n

Still, we start with a brief explanation of maternity and paternity leave.<\/p>\r\n

Maternity Leave<\/h3>\r\n

Maternity leave<\/a> refers to the time a mother or birthing parent takes off work before and after the birth of their child. It can apply to those giving birth, adopting a child, or fostering one.<\/p>\r\n

For birth mothers, it may start before the baby is born. For adoptive or foster mothers, it can also begin before the child joins the family. For example, an adoptive mother may begin her leave early because the adoption process<\/a> requires training\/travel.<\/p>\r\n

But typically, maternity leave starts when the child or baby joins the family.<\/p>\r\n

For birth parents, maternity leave is usually longer than paternity leave because it includes time for physical recovery.<\/p>\r\n

Paternity Leave<\/h3>\r\n

Paternity leave<\/a> refers to the time fathers or non-birthing parents take off work when a new child\/baby joins the family. There are several reasons these parents may want to take leave at this time.  Amongst them, it allows the father or non-birthing parent to:<\/p>\r\n