Do Men Get Paternity Leave in the United States?

Yes, men in the United States may be able to take time off after a child arrives, but federal law does not guarantee that the leave will be paid. Eligible employees can take up to 12 weeks of unpaid, job-protected leave under the Family and Medical Leave Act (FMLA) to bond with a new child. Some states offer paid family leave, and some employers provide paid parental leave through their own policies. Eligibility and the amount of pay depend on the applicable law and workplace policy. Fathers and other non-birthing parents should check both before planning time away because leave, pay, and job protection can come from different sources.

What Federal Law Guarantees

The FMLA provides eligible employees with up to 12 workweeks of unpaid leave during a 12-month period to bond with a new child. The leave may follow a birth, adoption, or foster placement, and it generally must be taken within 12 months of the child’s arrival. The law provides job protection and continued group health insurance coverage on the same terms as if the employee had continued working.

FMLA coverage depends on both the employer and the employee. A private-sector employer generally must have at least 50 employees for at least 20 workweeks in the current or preceding calendar year. Public agencies and schools are covered regardless of their number of employees. To qualify, an employee generally must have worked for the employer for at least 12 months and have at least 1,250 hours of service during the 12 months before leave. For private-sector employees, the employer must also have at least 50 employees within 75 miles of the employee’s worksite.

FMLA leave is unpaid, though employees may be able or required to use accrued paid leave at the same time, depending on the employer’s policy and applicable rules. Bonding leave is generally taken as a continuous block. Taking it intermittently or on a reduced schedule usually requires the employer’s agreement. The U.S. Department of Labor explains FMLA eligibility and leave rights in its FMLA guidance.

Is Paternity Leave Paid?

There is no federal law that requires employers to provide paid paternity leave. Pay may come from an employer’s paid parental leave benefit or a state paid family leave program where one applies. Some employees also use accrued vacation or other paid time off during leave. Whether those benefits can be combined with FMLA leave depends on the relevant policies and rules.

State programs differ in eligibility, duration, wage replacement, and how leave is coordinated with an employer’s benefits. A state program may provide partial wage replacement without itself guaranteeing the same job protection as the FMLA. Check the state program and the employer’s policy separately to understand what income and job protections apply.

Short-term disability benefits generally address a worker’s own medical condition, such as recovery from childbirth. They are not usually a source of bonding pay for a father or other non-birthing parent. An employer’s policy or a state program may provide a different benefit, so review the specific terms rather than assuming disability coverage applies.

What Paternity Leave Usually Means

Paternity leave is time away from work for a father or non-birthing parent after a child arrives. Employers may describe the benefit as parental leave, bonding leave, family leave, or new-parent leave. The label matters less than the policy’s eligibility rules and the leave it actually provides.

Some employers offer paid leave specifically to fathers. Others provide gender-neutral parental leave for eligible new parents. A worker may instead need to combine unpaid FMLA leave with accrued paid time off or state benefits. Whether a policy covers adoption, foster placement, or a child born through surrogacy depends on the policy and any applicable law.

For more detail on typical leave duration, see how long paternity leave lasts. Parents comparing policies may also find the explanation of maternity leave duration useful.

Why More Fathers Are Taking Leave

Taking time off after a child arrives has become more common, although financial and workplace pressures may still discourage fathers from using leave. An AbsenceSoft review citing U.S. Census Bureau research reports that 77% of men who became fathers before 1994 did not take leave after the birth of their first child. Among fathers in the 2014–2022 group, that figure fell to 35%. The review also notes that cultural barriers can still discourage men from using available leave. AbsenceSoft’s overview of paternity leave trends

Having leave available does not mean every employee feels comfortable taking it. A father may worry about workload, promotion prospects, or leaving colleagues short-staffed. If leave is unpaid or only partly paid, the loss of income can be an immediate concern. These practical barriers make it important to understand the benefit and plan for the time away.

How to Find Out What Leave You Can Take

Start by reading the employee handbook and benefits materials. Look for sections on parental leave, family leave, bonding leave, or leave of absence. Check eligibility, notice periods, pay, documentation, and whether leave must be taken continuously or can be split into blocks. If the policy is unclear, ask HR for written information.

Confirm the rules for both FMLA and any state program that may apply. The Department of Labor’s FMLA page describes federal coverage, but state benefits and employer policies may provide separate rights or pay. Ask how the different forms of leave interact so you can estimate your time away and income accurately.

Once you understand the basic rules, discuss coverage with your manager. You do not need to share every personal detail. Give an estimated timeframe and explain that you are confirming dates with HR. Identifying deadlines, ongoing work, and colleagues who may need a handoff can make the transition clearer for everyone.

Finally, check the financial and benefits details before the child arrives. If some leave will be unpaid, consider household income, recurring expenses, and available savings. Ask whether bonuses, retirement contributions, or insurance coverage change during leave, since those details may affect how you plan your time away.

*This article is for general informational purposes only and is not legal advice.