What is paternity leave?

Paternity leave provides a parent or caregiver with paid or unpaid time off work following the birth, adoption or placement of a child. The transition to parenthood is a major life change, and parental leave gives caregivers time to bond with their children and establish a new routine at home.

To create a more inclusive leave policy, some companies offer a single parental leave policy rather than distinguishing between maternity and paternity leave. A unified leave policy can help ensure that all employees, regardless of gender or family structure, receive the support they need.

Is paternity leave mandatory in the US?

The US does not have a federal law mandating paid parental leave. However, some states have enacted their own family leave laws. These laws vary by state and may offer paid or unpaid leave.

States with mandatory paid family leave programs

According to the National Conference of State Legislatures (NCSL), the following states have paid family leave programs:

• California

• Colorado

• Connecticut

• Delaware

• Maine

• Massachusetts

• Maryland

• Minnesota

• New Jersey

• New York

• Oregon

• Rhode Island

• Washington

• Washington, D.C.

States with voluntary paid family leave options

Some states offer voluntary paid leave programs that employers can choose to participate in. These include:

• Alabama

• Arkansas

• Florida

• New Hampshire

• Tennessee

• Texas

• Vermont

• Virginia

Some states link family medical leave to disability insurance programs, while others provide separate family medical leave benefits.

How long is standard paternity leave?

The length of parental leave varies widely. Employers who offer their own leave policies can typically set their own duration and eligibility requirements.

Why is paternity leave a desirable benefit?

Parental leave is a sought-after benefit for job seekers, future parents and foster caregivers. A comprehensive parental leave program signals that an organization supports families and work-life balance.

Benefits of offering paternity leave include:

• Improved employee retention: Employees with access to parental leave are more likely to stay with their employer.

• Increased productivity: Time away from work allows caregivers to adjust to new responsibilities, reducing burnout.

• Enhanced workplace morale: Employees who feel supported in their family responsibilities are often more engaged and benefit from boosted morale.

• Better candidate attraction: A competitive leave policy can help employers stand out in recruitment efforts.

What are the options for providing paternity leave?

Employers can offer parental leave in several ways, including paid leave programs, flexible paid time off (PTO) , unpaid leave options and federal leave protections.

Paid leave programs

Some employers provide separate paid parental leave outside of regular vacation or sick time. Employers may:

• Offer paid leave after a certain period of employment (e.g., one year or more).

• Set the amount of leave based on tenure or total hours worked.

• Provide full or partial salary continuation during leave.

Paid leave programs help employees take leave without financial hardship, encouraging greater participation.

Using PTO for parental leave

Some companies allow employees to use existing paid time off (PTO) for parental leave. This approach provides flexibility but may reduce the amount of PTO available for other uses.

To ensure employees feel comfortable using their time for family needs, employers considering this approach should clearly outline parental leave as a valid use of PTO in their PTO policy.

Family and Medical Leave Act (FMLA)

Under the Family and Medical Leave Act (FMLA), eligible employees may take up to 12 weeks of unpaid leave. FMLA applies to:

• Employers with 50 or more employees.

• Employees who have worked at least 1,250 hours in the previous 12 months.

• Employees who provide at least 30 days’ notice for foreseeable leave.

FMLA does not provide paid leave, but it ensures job protection for qualifying employees.

General unpaid time off policies

Employers who are not required to follow FMLA can still offer unpaid leave as part of their benefits package. Internal unpaid leave policies provide flexibility and can be tailored to company-specific needs.

Frequently asked questions about paternity leave

How can a company create an inclusive parental leave policy?

Employers should consider:

• Using gender-neutral language (e.g., “parental leave” instead of “paternity leave”).

• Ensuring all caregivers qualify, including adoptive and foster parents.

• Clarifying leave eligibility (e.g., tenure requirements, documentation needed).

• Aligning policies with state laws to ensure compliance.

How can a company encourage employees to use parental leave?

To increase participation, employers can:

• Promote a positive workplace culture that normalizes taking parental leave.

• Train managers to support employees taking leave and ensure smooth transitions.

• Provide clear, accessible leave guidelines to simplify the process.

• Establish a clear return-to-work policy, such as phased returns or flexible scheduling to help ease the transition back to work.

What role do state and federal laws play in parental leave?

State laws dictate whether paid leave is available, while FMLA provides job-protected unpaid leave for eligible employees. Employers should stay informed on changing laws and update policies accordingly.

By offering inclusive, well-structured parental leave policies, organizations can support employees while enhancing retention, productivity and workplace satisfaction.