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Paternity Leave in the U.S.: What Dads Need to Know

Written by Salary.com Staff

November 29, 2023

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When it comes to time off work during pregnancy, it is usual for women to plan and expect it. But what about expecting dads? Are they entitled to time off too? Paternity leave policies in the US differ by company and can be unclear for new dads regarding eligibility, duration, and payment. This article will help expecting dads dive into the ins and outs of paternity leave in the U.S.

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Understanding Paternity Leave 

Paternity leave allows new dads to take time off from work after the birth or adoption of their child. The Family and Medical Leave Act (FMLA) allows eligible employees to take 12 weeks off for family and medical reasons, including childbirth or adoption. Some states even provide paid time off during this time.

Not all dads can take paternity leave. Eligibility for paternity leave relies on company rules and state laws. Get more information from the company’s H.R. department or research your state's policies.

U.S. Paternity Leave Laws and Policies 

Understanding options for paternity leave is important. The U.S. does offer paternity leave, but policies and eligibility vary between employers.

Federal Law

New parents, including fathers, can take 12 weeks of unpaid time off under FMLA. Here is how to qualify:

  • Worked for a company with at least 50 employees
  • Worked for a company for a year
  • Put in at least 25 hours per week

Use FMLA leave within one year of the child’s birth or adoption. Eligibility for paternity leave varies from different state.

Examples:

  • California, New Jersey, and Rhode Island provide partially paid family leave for up to 6 weeks (about 1 and a half months).
  • A few companies offer paid paternity leave as an employee benefit.

Applying for paternity leave

Applying for paternity leave varies depending on your company's policies and applicable laws. Here are the steps to follow.

  1. Let your boss know: Inform your supervisor or manager ahead of time. This allows them to help you with the necessary steps.
  2. Review company policies: See what your company says about paternity leave. Find out if you will get paid and how long you can take time off.
  3. Submit a request: Send a written request for paternity leave through email or a form provided by your H.R. department.
  4. Provide documentation: Gather the required leave application documents. Common documents include:
  • A birth certificate
  • Adoption papers
  • Proof of relationship
  • Medical certificate
  • Request form
  • Notice of intent
  • Any company-specific forms
  1. Plan: Delegate tasks, organize documents and inform colleagues how to contact you for important matters.
  2. Plan your timing: Coordinate with your employer and partner to decide the best time for a time off. Many dads take 1 to 2 weeks off at once following the birth. Spread your leave over the first year. Consider taking time off once your partner returns to work or provide support during the first sleepless nights and round-the-clock care.

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Paid vs. Unpaid

Paternity leave policies differ in every state and company. Some companies even offer paternity leave as part of their employee benefits. Paid and unpaid leave differ for many reasons.

Paid Paternity Leave

A company provides paid paternity leave so you can take time off work while receiving all or part of your regular pay.

The duration of paid leave can vary. Some companies offer paternity leave matching the period of a new mother's maternity leave. Others provide 2 to 4 weeks of paid time off. A few corporations even offer six weeks or more.

Talk to your H.R. department to find out if you are eligible for paid time off.

Unpaid Paternity Leave

Employees can take up to 12 weeks of unpaid leave under FMLA for medical or family reasons if they don't qualify for paternity leave. Certain states also have other laws about unpaid leave. Here are some ways you can still earn during unpaid paternity leave:

  • Short-term disability insurance: Receive financial support during your time off through short-term disability insurance. Talk to your insurance provider to know
  • Using paid time off: Use the remaining days of your paid time off, such as vacation or sick days, to receive pay for part or the entirety of your paternity leave.
  • Freelancing or side work: Consider taking on freelance work or a side job to earn during your unpaid leave. Pick a job that does not get in the way of taking care of your child.

Advantages of Paternity Leave 

Taking paternity leave has major benefits for you and your family. Here are some:

Bonding time: Paternity leave allows new fathers to bond with their babies by holding, feeding, and getting to know them.

Supporting your partner: Taking care of a newborn can be both tiring and overwhelming. Take care of the baby together. Having time off from work can help you and your partner enjoy parenthood together.

Developing caregiving skills: Learn to take care of a baby. Get better at changing diapers and calming a crying baby.

Health benefits: Paternity leave can positively affect your mental health. Taking time off can help you feel less stressed and happier. Dads taking paternity leave can help their children's health by encouraging longer breastfeeding.

Challenges in Establishing Paternity Leave in the U.S. 

Paid paternity leave implementation in the United States faces several obstacles. Not all people think dads should take time off for the baby. Some still believe that taking care of the baby is primarily the responsibility of women.

Cultural Norms

Changing people's thoughts and stereotypes about men and women is hard. People expect moms to take care of kids, not dads. Dads do not get much chance to take some time off and help too.

Financial Concerns

Giving dads paid time off costs money for companies. Some say that making companies pay for this will be too hard, especially for small businesses. Research shows that keeping employees happy and making them productive can balance out the costs.

Policy Challenges

Some states are trying to make their own rules. But making rules about paternity leave can be challenging. Everyone has different opinions about the duration and pay. Some are also worried that some people will use the rules in the wrong way.

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Despite not being easy, the U.S.  still made paternity leave happen. Paternity leave is becoming more popular, especially among younger people. Normalizing the concept involves changing perceptions about caregiving and fathers.

Cherish the time with your new baby and advocate for extended leave benefits. Plan and seek advice for paternity leave. Salary.com offers a range of products that you may find useful.

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