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A Guide to Paternity Leave in the USA

A Guide to Paternity Leave in the USA

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Last updated on June 18, 2025

Frequently asked questions

The Family and Medical Leave Act (FMLA) is the only federal law covering paternity leave. It provides eligible employees with up to 12 weeks of unpaid, job-protected leave after the birth or adoption of a child. FMLA applies to both fathers and mothers, but does not guarantee paid time off.

Yes, nine states and Washington, D.C. have laws guaranteeing some form of paid paternity leave. States like California, New York, New Jersey, and Massachusetts offer paid benefits, with eligibility and coverage varying by location. Always check your state’s labor laws for the most current information.

Many large employers now offer paid paternity leave as part of their benefits package. Companies such as Google, Meta, and Microsoft provide several weeks of paid leave, often exceeding federal or state requirements. However, the availability and length of paid leave vary widely among employers.

Although eligible fathers can take up to 12 weeks under FMLA, most take significantly less. On average, American fathers take about one week off after the birth or adoption of a child, often due to financial constraints or lack of paid leave options.

Since October 2020, federal government employees are entitled to 12 weeks of paid parental leave following the birth or adoption of a child. This benefit applies to all federal agencies and public school employees, regardless of the size of the workplace. 

Under FMLA, if both parents work for the same company, they are entitled to a combined total of 12 weeks of unpaid leave. This means the 12 weeks must be split between them, rather than each parent taking 12 weeks individually.