Paternity leave allows new fathers and non-birthing parents to take time off work to bond with a newborn, adopted, or foster child. In the United States, there is no federal mandate for paid paternity leave.
15 steps across 2 sections
1. Steps Guide
- Check FMLA eligibility — Same criteria as maternity leave:
- 12+ months with employer
- 1,250+ hours worked in the past 12 months
- Employer has 50+ employees within 75-mile radius
- Check your state's paid family leave program — States with active paid paternity/parental leave programs (as of 2026):
- California, Colorado, Connecticut, Delaware, District of Columbia, Maine (mid-2026), Maryland (July 2026), Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Washi...
- Benefits range from 60-90% of wages, typically for 6-12 weeks
- Review your employer's parental leave policy — Check your employee handbook or HR portal for:
- Paid parental leave (separate from FMLA)
- How many weeks/days are offered
2. Key Details
- FMLA for bonding Non-birthing parents can use FMLA leave for bonding with a newborn within 12 months of birth. The leave must be taken in a continuous block unless the employer agrees to intermittent use.
- Same employer, shared leave If both parents work for the same employer, they may be limited to a combined total of 12 weeks of FMLA bonding leave (though each gets 12 weeks for their own medical needs).
- State programs Wage replacement percentages and duration vary significantly by state. Check your state's specific program for details.
- Employer trends As of 2025, about 25% of private-sector workers have access to paid parental leave through their employer. Tech companies, financial institutions, and large corporations are more likely to offer pa...
- Self-employed Self-employed individuals in some states (CA, NJ, NY, WA) can opt into the state paid leave program.
Common Mistakes
- Not taking any leave
- Not knowing about state programs
- Waiting until the baby arrives to plan
- Using all PTO before the birth
- Not coordinating with your partner
Pro Tips
- Take at least some leave immediately after birth — the first two weeks are th...
- If your employer does not offer paid paternity leave, negotiate for it
- Consider splitting your leave: take some time immediately after birth and sav...
- Document your employer's leave policy in writing before you take leave, in ca...
- Connect with other fathers at your workplace who have taken leave — they can ...