Having a strong paternity leave policy in place will notify employees of their rights for leave and pay as well as keep your business compliant with federal, state, and FMLA laws.
A paternity leave policy that is part of your company handbook and paid-time-off (PTO) leave policy will state leave options and expectations clearly for expecting fathers. As the employer, you can choose—depending on the state in which your company is located—to provide paid or unpaid paternity leave. We have created two free templates you can download and customize to suit your business needs.
Before coming up with the specifics of your paternity leave policy, it’s best to run through the specific federal and state regulations that you need to follow to remain compliant.
Federal Paternity Leave Laws—FMLA
If you employ more than 50 workers, all employees are protected under family medical leave laws to take unpaid time off to care for children. Private employers with 50 or more full-time employees (FTEs) must follow the rules set by the Family and Medical Leave Act (FMLA), which requires businesses to provide up to 12 weeks of unpaid leave for paternity, adoption/fostering, and maternity to any employee who applies for the benefit.
Under the FMLA, “spouse” means a husband or wife as defined or recognized in the state where the individual was married and includes individuals in a common-law marriage or same-sex marriage.
If you are a private employer with fewer than 50 full-time employees, under federal law, you have no obligation to provide paternity leave. However, having and adhering to paternity leave policies can help you attract and retain top talent.
State Paternity Leave Laws
Prior to creating your paternity leave policy, there are some state laws that you must take into consideration. Several states and the District of Columbia have paternity leave and/or related policies (e.g., adoption leave laws).
| State | Eligibility | Laws |
|---|---|---|
| California | Employers with 50+ employees | The California Family Rights Act (CFRA) mirrors FMLA. The state also has a separate temporary disability fund where eligible employees may collect the same benefits available for a temporary disability for up to six weeks to bond with a new child, which covers fathers. To be eligible for California Paid Family Leave (PFL) benefits, you must:
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| Colorado | Companies with one or more employees | Colorado voters passed Proposition 118, creating paid family and medical leave obligations for all employers in the state. This initiative mandates that employers provide 12 weeks of leave for Colorado employees, plus an additional four weeks in case of medical complications. Beginning Jan. 1, 2024, employees can take paid family and medical leave and receive family and medical leave insurance benefits while taking leave. They will be eligible for such leave and benefits if they have earned at least $2,500 at their job and need leave for the birth of a child, a serious health condition, to care for a family member with a serious health condition, or safe leave due to domestic violence. An employee may take intermittent leave if the employer typically provides for intermittent leave in its policies. However, benefits are not payable until the employee accumulates at least eight hours of Family and Medical Leave Insurance Leave (FAMILY) benefits. |
| Connecticut | Companies with one or more employees | Connecticut employers have to give up to 16 weeks in any 24-month period for the birth, adoption, or fostering of a child. This law also covers fathers. The Connecticut Paid Leave (CTPL) program covers all employers with one or more employees and is accessible to all employees who have met certain earned-wage thresholds. Those who are self-employed or are sole proprietors are eligible to opt into the program. To be eligible, employees must have worked for the employer for at least a year, for at least 1,000 hours during the 12 months immediately preceding their leave. |
| Washington, D.C. | Employers with at least 20 employees | Eligible male employees are allowed to take up to 16 weeks of family leave plus 16 weeks of medical leave in any 24-month period. Family leave can be taken for the birth, adoption, or foster placement of a child and for the permanent placement of a child for whom the employee permanently assumes parental responsibility. Additionally, D.C. Paid Family Leave (PFL) allows for eight weeks of paid leave. PFL is provided by the Washington, D.C., Department of Employment Services (DOES) and is separate from any company benefits. |
| Hawaii | Companies of all sizes | Employees are eligible for up to four weeks of unpaid family leave each calendar year for birth or adoption. Additionally, this leave applies to employees caring for a spouse, child, or parent with a serious illness. Employees may substitute accrued PTO or sick time for State Family Leave. Any employee who qualifies for both State Family Leave and FMLA can use both concurrently, for a total of 12 weeks. |
| Kansas | Companies of all sizes | Employers in the State of Kansas are required to provide four weeks of paid paternity leave to secondary caregivers. This paid paternity leave is for the birth or adoption of a child or placement of a child for foster care. |
| Kentucky | Companies with 50+ employees | All employers must provide up to six weeks (not to exceed) of leave for birth or adoptive parents, unless a company policy dictates a leave greater than six weeks. Whether this leave is paid or unpaid is determined by the company policy. House Bill 33 is proposed to provide up to 12 weeks of paid paternity leave to fathers for the birth of a child or adoption. |
| Maine | Employers with more than 15 employees | Must give eligible employees, including fathers, up to 12 weeks off (based on FMLA) in a two-year period for the birth or adoption of a child. |
| Maryland | Employers with at least 15 employees | Parental leave allows for the parent(s) of a child to take up to 60 days of paid leave to bond and care for their child after the birth or adoption. |
| Massachusetts | Employers with at least six employees | Employers must give eligible employees, including fathers, up to eight weeks off for the birth or adoption of a child. Employees in Massachusetts may apply for and receive paid leave under the state's new Paid Family and Medical Leave (PFML) law. Most Massachusetts workers will be eligible to take up to 26 weeks of paid leave per benefit year under the new law. |
| Michigan | Companies of any size | Employees can apply for Paid Parental Leave and receive up to 12 weeks of paid leave for the birth or adoption of a child. Those adopting a blood-related child or child over 6 years of age may be eligible for unpaid leave. Paid Parental Leave and FMLA will run concurrently. |
| Minnesota | Employers with at least 21 employees | Employers must allow eligible employees to take up to 12 weeks off for bonding with a new child. Bonding leave is available to biological and adoptive parents but must be taken within 12 months of the child's birth or adoption. To be eligible for leave, the employee must have worked at least half-time for the employer for 12 months before the paternity leave request. |
| New Hampshire | Companies of any size | Employees can receive Paid Family and Medical Leave (PFML) coverage either through the state, their employer, or individually through the NH Purchasing Pool for Family and Medical Leave Insurance. Employees can receive up to 60% of their wages for up to six weeks. Employers can purchase NH PFML from MetLife and receive a Business Enterprise Tax (BET) credit of up to 50% of the premium paid. |
| New Jersey | Companies with 30+ employees | New Jersey state law mirrors the FMLA. However, the eligibility is slightly different: the employee must have worked for at least one year, and at least 1,000 hours in the last 12 months, for the employer. Additionally, New Jersey Family Leave Insurance law provides up to six weeks of paid benefits. This program is paid for by employee contributions; employers are not required to contribute. You may receive up to six weeks of Family Leave Insurance benefits in a 12-month period. The 12-month period is the 365 consecutive days that begins on the first day that you file a valid first claim for Family Leave Insurance benefits. |
| New York | Employers with one or more employees | Employers must obtain Paid Family Leave Insurance, which allows for mothers and fathers, including same-sex parents, to take job-protected paid time off to bond with their newborn within the first 12 months of the child’s birth. |
| Oregon | Employers with 25+ employees | Oregon state law requires employers to give paid time off to both mothers and fathers for the birth or adoption of a child, or the placement of a foster child, up to 12 weeks in 12 months. Employees typically must have worked an average of 25 hours per week for 180 days to qualify for Oregon FLA (OFLA) leave. However, no average minimum hours are required for parental leave. As long as you've been on the job for 180 days, you're eligible for 12 weeks of parental leave after a new child arrives. |
| Rhode Island | Companies with 50+ employees | Rhode Island law provides for up to 13 weeks of unpaid leave, for maternity or paternity, to care for the birth of a newborn or placement of a child for adoption. |
| Vermont | Employers with at least 10 employees | Companies in Vermont must provide up to 12 weeks of unpaid time off to eligible employees (including fathers) for childbirth or adoption of a child up to 16 years old. Employees have the right to request a flexible working arrangement up to twice a year. Such an arrangement might involve adjusting work hours (e.g., to begin and end work later), working from home, changing the number of hours or days an employee works, or sharing a job with another employee. |
| Virginia | Companies of any size | Eligible employees are entitled to up to 8 weeks of paid paternity leave (at 100% of their salary) for the birth of a child, or adoption or foster placement of any child under the age of 18. To be eligible, the employee must have worked in the Commonwealth of Virginia for a minimum of 12 consecutive months. |
| Washington | Companies of any size | Eligible employees are entitled to up to 12 weeks of paid paternity leave under the Paid Family Medical Leave Program. To be eligible, the employee must have worked for a minimum of 820 hours. Job protection may not be available for employees of small businesses. |
Technically, if your business is in a state that does not have a state-specific FMLA law and you have fewer than 50 employees, you do not need to provide paternity leave to adoptive or natural fathers. However, if you are going to provide leave for one, it is highly advisable to provide it for all to avoid discriminatory practices.
What a Paternity Leave Policy Should Cover
When deciding what to include in your paternity leave policy, there is a range of options for customization for your small business. For example, a combination of unpaid leave and a return to work plan involving a flexible and/or remote work arrangement makes sense to keep your business going strong while supporting your valued employee.
Determining the specifics of your paternity policy is part of good employee management. It is important to clearly communicate the specifics of the policy and touch on legal issues.
Your first decision for your policy is whether it will include paid or unpaid leave. Unless your state specifies otherwise (see the table above), you are not required to offer anything but unpaid leave under FMLA laws.
If you decide to pay employees who make a paternity leave request, a good rule of thumb—if state laws don’t dictate otherwise—is to provide a percentage of pay for paternity leave for a certain number of weeks that an employee is out on leave. Employees can then have the option to use PTO or sick time for an additional number of weeks before returning to work.
Some ideas for reasonably priced paid leave include:
- Having a graduated plan based on tenure (e.g., 40% of pay for one to three years, 50% for three to five years, and 60% for six and more years).
- Offering a flat one to four weeks 100% paid option.
In your policy, it is wise to specify a set number of weeks for either paid or unpaid leave. FMLA law allows for up to 12 weeks of unpaid leave for the birth and/or adoption of a child. This rule generally applies to maternity leave, however, and paternity leave tends to be a shorter amount of time. A general recommendation would be two to four weeks for paternity leave.
In your policy, it is wise to specify a set number of weeks for either paid or unpaid leave. FMLA law allows for up to 12 weeks of unpaid leave for the birth and/or adoption of a child when an employee applies for this benefit. This rule generally applies to maternity leave, however, paternity leave tends to be a shorter amount of time. A general recommendation would be two to four weeks for paternity leave.
We advise that you double-check your state laws to determine if a specific number of weeks is required. For example, in Kansas, employers are required to provide four weeks of paid leave for secondary caregivers like fathers.
Using a leave management system will allow you to set time-off policies and automatically notify managers when paternity leave requests have been made. Requests can then be approved, and a calendar will help track who is on leave and who is not.
Be sure to include in your policy any eligibility requirements for utilizing paternity leave. These can be simple requirements, such as the length of time with an employer, or more complex ones, such as being in good standing with the company.
Some eligibility requirements you may want to consider are:
- The employee must have worked with the company for a minimum of 12 consecutive months before the paternity leave request
- The employee must be a full- or part-time, regular employee with the company (temporary employees, contractors, and interns are not eligible)
- The employee must be in good standing with the company (i.e., not on probation)
- The employee must make a paternity leave request in writing 30 days before the first day of leave
- The employee must be a spouse or partner of a woman who has given birth to a child
- The employee must have adopted or be a foster parent to a child
Paternity leave is an important policy for businesses to have in place. The policy should include any eligibility requirements for utilizing paternity leave and the benefits that employees will receive. This will ensure that only eligible employees take advantage of the leave and that the company is not faced with a lawsuit if an employee does not take the leave.
Your policy should also state any benefits to the employee while they are on paternity leave, including:
- The total number of weeks salary will be paid, and at what percentage
- The employee may use accrued/unused PTO or sick time in addition to their paid weeks
- Healthcare coverage for the employee will continue―at the company’s or employee’s expense―for the duration of paternity leave
You may wish to provide an option in your policy for the employee to work remotely or on a flexible schedule. In your policy, clearly state the rules for remote work—will it be temporary, will the employee be expected to continue a 40-hour workweek, etc. You can also provide a flexible schedule, such as part-time or three to four longer days that add up to 40 hours for a predetermined amount of time. We recommend that you track employee hours if you offer a flexible schedule.
If you offer a flexible or remote schedule to employees with a disability, then you must offer it to those who are on paternity leave as well.
Do you need to create a leave policy for new mothers? Use our free maternity leave policy.
Frequently Asked Questions (FAQs)
How long is paternity leave in the US?
The length of paternity leave in the US is determined by the number of employees within a company. Companies with less than 50 employees are not required to provide any paternity leave, paid or unpaid. However, those with 50 or more employees are required to at least allow for up to 12 weeks of unpaid leave through FMLA.
Is paternity leave mandatory?
There is no federal law guaranteeing paternity leave. The only law regarding paternity leave, FMLA, states that new parents are entitled to 12 weeks of unpaid leave to care for their newborn child.
Should my company provide paternity leave for employees?
As it isn’t legally required, providing paternity leave can be a good benefit to provide for your employees. Without one, the non-birthing parent’s only option to take time off to care for their newborn would be to file for FMLA—and it wouldn’t be paid.
However, if you do decide to provide it, we recommend that you keep your paternity leave policy separate from your maternity leave policy. That way, there’s no confusion as to what is provided, to whom it applies, and whether it would be paid or unpaid.
Bottom Line
According to FMLA law, if you have 50 or more employees, you must provide up to 12 weeks of unpaid paternity leave for fathers to bond with their newborn or adoptive child. However, some states require paid paternity leave. Including paternity leave in your PTO policy or within your employee handbook will clarify your expectations and keep your company compliant with federal and state laws.
