Paternity leave is time off a father or non-birthing parent takes after a child is born or placed with the family. No federal law requires it to be paid, but the FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave to bond with the child.
In shortPaternity leave is leave from work for a father or other non-birthing parent to care for and bond with a new child. In the US it is shaped by three layers. The first is the Family and Medical Leave Act. A covered employer has 50 or more employees, and an eligible employee has worked there for 12 months and at least 1,250 hours in the past 12 months, at a site with 50 employees within 75 miles. That employee can take up to 12 weeks of unpaid, job-protected leave for the birth of a child and to bond with the newborn. The FMLA regulation says that the right to leave for a birth expires at the end of the 12-month period that begins on the date of birth. Bonding leave can be taken in pieces only if the employer agrees. When both parents work for the same covered employer, the employer may limit them to a combined 12 weeks for birth and bonding. The second layer is state law, because a number of states run paid family leave programs that pay part of a parent’s wages during bonding time. The third layer is company policy, which may add paid leave on top. Many employers keep leave for recovering from childbirth separate from bonding leave, so that bonding time is offered on the same terms to every new parent.
How the three layers fit together
Sources of paternity leave
Source
What it gives
Paid?
FMLA (federal)
Up to 12 weeks job-protected leave within 12 months of the birth
No, unpaid unless the employer pays or PTO is used
State paid family leave
Partial wage replacement during bonding time, in states that have a program
Spouses at the same employer may share 12 weeks of birth and bonding leave. Recovery from the birth is counted separately.
Worked example: two parents at the same company
A combined 12 weeks for bonding
Maria and James both work at the same distribution center, a covered employer, and both are FMLA eligible. Their daughter is born on March 3, 2027. The company’s policy uses the rule that spouses at the same employer share 12 weeks of FMLA leave for birth and bonding.
Maria first takes 6 weeks to recover from the delivery. That time is leave for her own serious health condition, and the combined limit does not apply to it. She then takes 4 weeks of bonding leave. James takes 8 weeks of bonding leave. Together they use 12 weeks of bonding leave, which is the combined limit.
Each parent keeps the rest of their own 12 weeks for other FMLA reasons. Maria has used 10 weeks and has 2 left. James has used 8 and has 4 left. James wants to split his 8 weeks into two blocks of 4, so he asks his manager, because bonding leave in pieces needs the employer’s agreement. Any bonding leave must be used before March 3, 2028, when the 12-month period ends.
Mistakes that are specific to paternity leave
Telling a father the FMLA does not apply to him. Bonding leave covers both parents.
Offering paid bonding time to mothers only, instead of separating medical recovery from bonding.
Applying the combined 12-week limit to spouses who work for different employers. It applies only when both work for the same employer.
Counting a mother’s own recovery time against the couple’s combined bonding limit.
Letting bonding leave start more than 12 months after the birth and calling it FMLA leave.
Planning paternity leave with the team
Ask the employee for an expected date and how much leave they plan to take, knowing it may change.
Confirm eligibility for FMLA and any state program, and send the required notices.
Plan coverage for the leave: cross-training, open shifts or temporary help.
Agree how the employee will let you know when the baby arrives.
Confirm the return date and any agreed reduced schedule in writing.
FMLA leave can also be used before the birth in some cases, such as for a spouse’s prenatal care or to care for a spouse who is incapacitated by pregnancy. Leave for adoption or foster placement follows the same 12-week entitlement.
Second example: a reduced schedule by agreement
A machinist who is FMLA eligible asks to take his bonding leave as 6 weeks off followed by 12 weeks of working three days a week. Bonding leave can be taken this way only if the employer agrees.
The company agrees, because a three-day schedule is easy to cover with a part-time operator. The reduced weeks use 2 days of FMLA leave each week, and HR tracks the total so the 12 weeks are counted correctly. All of it is finished within 12 months of the birth, as the rule requires.
Put the bonding window on the calendarWhen an employee tells you about an expected birth, write down the date 12 months after the due date. If bonding leave is split up, every block has to fit before that date, and the reminder stops a late request from becoming an argument.
Questions people ask
Is paternity leave paid in the US?
Not under federal law. FMLA leave is unpaid. Some states pay part of wages through a paid family leave program, and some employers pay for it under their own policy.
How long can a father take off after a baby is born?
An FMLA eligible employee can take up to 12 weeks in the 12 months after the birth. State programs and company policy may give more or pay for it.
Can a father take paternity leave in pieces?
Under the FMLA, bonding leave can be taken intermittently only if the employer agrees.
Do both parents get 12 weeks?
Each eligible parent has their own 12 weeks. If both work for the same employer, the employer may limit their combined birth and bonding leave to 12 weeks.
Can paternity leave be taken before the birth?
Under the FMLA, an eligible employee can take leave to care for a spouse who is incapacitated by pregnancy or for prenatal care. Bonding leave starts with the birth.
Does paternity leave cover adoption?
The FMLA covers leave for the placement of a child for adoption or foster care, under the same 12-week entitlement.
Disclaimer: What you read here about paternity leave is general information, not legal, payroll or tax advice, so confirm the current rule where you operate; the examples are fictional.
