Paternity Leave

Paternity leave is the time a father or partner takes off work after the birth or adoption of their child. The US currently does not have a national paid family leave policy that covers paternity leave, but some states and private companies offer paid leave. Partners who qualify for Family & Medical Leave Act (FMLA) may take unpaid time off.

The Family and Medical Leave Act (FMLA)

The FMLA should not be confused with a comprehensive paternity leave policy, nor does it qualify as a parental leave statute per se. This is more of a broad stroke law that allows parents to balance their careers with their family responsibilities.

Each year, eligible employees are granted up to 12 weeks of unpaid but protected leave. The latter stipulation means that you cannot lose your job for maxing out the policy. That is as long as you are on the same page as your employer in terms of why you need to use FMLA.

FMLA cites the following grounds for leave eligibility:

• The birth and care of an employee’s newborn child
• An employee adopts or cares for a child
• An employee must care for an immediate family member (ie, spouse, child, or parent) with a serious health condition
• An employee cannot work due to a serious health condition

Employees must meet the following criteria to be eligible for FMLA leave:

• Provided at least 12 months of work for their employer or at least 1,250 hours of service in the past 12 months
• Worked at a location where the employer maintains at least 50 workers within a 75-mile radius

Check with your employer as they may have more generous leave policies for new fathers.

For More Information:
US Department of Labor Wage and Hour Division 200 Constitution Ave, NW Washington, DC 20210 1-866-487-9243

Sources:
US Department of Labor https://www.dol.gov/general/topic/benefits-leave/fmla

Compliance Assistance: Family and Medical Leave Act (FMLA)
Links to various sources of information about FMLA.

Fact Sheet on FMLA
Covers basic FMLA requirements and updates to FMLA regulations.