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Key Takeaways
Paternity leave in the U.S. is shaped by FMLA eligibility, state paid family leave programs, and employer policy.
Paid paternity leave is expanding at the state level, albeit unevenly: As of 2026, more states are rolling out or expanding paid family and medical leave programs, while others still rely solely on unpaid FMLA.
Clear, well-communicated policies reduce turnover, improve employee engagement, and lower legal and reputational risk.
For U.S. employers, paternity leave sits in a grey area between good intentions and practical constraints. Most organisations recognise its importance, but many still struggle with the same questions: how much leave is reasonable, what does it cost, and how can you balance short-term disruption with long-term value for both employees and your business?
The uncertainty is reflected in the data. In 2026, average paternity leave taken in the U.S. remains under one week, and only about a quarter of private-sector workers have access to paid parental leave through their employer. Without a national standard, most fathers rely on a patchwork of vacation time, unpaid leave, or state programs, leaving employers to navigate inconsistent rules and expectations across jurisdictions.
This guide is built for HR leaders, founders, and managers making these decisions in real time. We break down everything you need to know about U.S. paternity leave laws across all 50 states – covering legal requirements, common challenges, and how employers can design policies that support new parents while still working for the organisation.
What Is Paternity Leave in the U.S.?
In the U.S., paternity leave refers to time away from work taken by a parent after the birth of a child – whether through birth, adoption or fostering, or surrogacy. In practice, this employee benefit may apply to fathers, same-sex partners, adoptive parents, or intended parents, depending on how you define leave in your policies.
There’s no single federal law you can point to as “paternity leave.” Instead, what you’re managing is a combination of unpaid, job-protected leave under the Family and Medical Leave Act (FMLA) and paid family leave programs that exist at the state or local level.
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act is the legal foundation most U.S. employers rely on when it comes to federal paternity leave. Enacted in 1993, it provides a national baseline of unpaid job protected leave for employees who need time away from work for major family events, including the birth, adoption, or foster placement of a child.
Is Paternity Leave Required by Federal Law and Who Qualifies?
At the federal level, paternity leave is not required as a separate benefit. Instead, it’s covered under the Family and Medical Leave Act (FMLA), which provides unpaid, job-protected leave for eligible employees following the arrival of a child.
FMLA applies only when all of the eligibility requirements below are met:
- You employ 50 or more employees
- Employees work within a 75-mile radius of the worksite
- The employee has worked for you for at least 12 months
- The employee has logged at least 1,250 hours in the past year
If an employee qualifies, they may take up to 12 weeks of unpaid leave for bonding after birth, adoption, or foster placement. From a compliance standpoint, this is the law most employers are referencing when questions about paternity leave come up.
Overview of State-Specific Paternity Leave Laws
Considering the unpaid elements, for many families, taking weeks without income simply isn’t realistic. As a result, many fathers return to work sooner than planned or don’t take leave at all, even when they’re technically entitled to it. This gap between legal protection and lived experience is one reason some states and many companies today are choosing to offer their own paternity leave policy.
As of 2026, more states have active or newly launched paid family and medical leave (PFML) programs., For example, Delaware and Minnesota began rolling out these benefits in early 2026, with others like Maine planning to follow mid-year.
The duration of these paid leave policies typically run concurrently with the 12 weeks mandated by the FMLA. Here’s a breakdown of states that have specific paternity leave policies:
*Note: Exact pay levels and eligibility depend on state rules and employee earnings. States not mentioned above follow federal law under the FMLA and do not have their own state-specific policies.
Simplify Leave & Compliance With Playroll
Navigating leave requirements and employment compliance doesn’t have to be complicated. Our U.S. state guides give you clear, up-to-date insights into local rules and regulations, helping you stay compliant at every stage of your hiring journey.
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Employer Obligations and Best Practices for Managing Paternity Leave
As an employer, you’re responsible for understanding who qualifies, how different leave benefits fit together, and making sure employees are treated fairly and consistently.
At a basic level, that means:
- Knowing which federal, state, and local rules apply
- Coordinating unpaid, job-protected leave with any paid family leave programs
- Making sure employees aren’t penalised or disadvantaged for taking leave
- Applying your policies consistently across teams and locations
Where we often see companies running into trouble is at execution. Here are a few ways you can avoid falling into the most common compliance traps:
- Clearly document policies and legal obligations.
- Train HR teams and managers so employees get the same answers every time.
- Give clear guidance on requesting leave to prevent confusion and inconsistent manager responses.
- Track leave properly and revisit policies as laws change.
How Does Paternity Leave Benefit Businesses and Employees?
This is where the risk equation shifts. When paternity leave is clearly defined and consistently applied, it stops being just a compliance obligation and starts functioning as a stabiliser for both your workforce and your bottom line.
Benefits for Employees:
Research consistently shows that fathers who take meaningful time off are more involved in caregiving years later, report stronger relationships with their children, and are better able to support their partners during recovery and adjustment.
Families experience lower stress and more balanced caregiving, which makes employees more likely to return to work engaged rather than burnt out.
Benefits for Employers:
The benefits for employees can translate into workforce stability and cost control for your company.
When employees feel supported during major life transitions, the impact is measurable. Research indicates that employers offering paid paternity leave see 30-50% lower turnover among new parents, with those employees up to four times more likely to stay long term.
There’s also a financial reality that you can’t afford to ignore: the cost of rehiring, retraining, or defending a labour law violation often exceeds the cost of offering a clear paternity leave benefit. Add to that the reputational risk of being seen as unsupportive at a major life moment, and the case for a proactive policy becomes less about generosity and more about smart risk management.
In competitive hiring markets, paternity leave has become a clear signal of what you value. When policies are clear and supportive, employees don’t feel forced to choose between showing up at home and staying committed at work. When they aren’t, trust fades – and people start looking elsewhere.
Simplify Paternity Leave Compliance
With federal, state, and local rules in play, paternity leave can quickly become complex. Let our team help yours to navigate statutory benefits across states, keeping leave compliant, consistent, and easy to administer.
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Paternity Leave vs. Maternity Leave
Maternity leave and paternity leave aren’t interchangeable – but they’re designed to work together.
- Maternity Leave: Supports physical recovery from pregnancy and childbirth, alongside the early days of caregiving.
- Paternity Leave: Recognises something just as important: that caring for a newborn isn’t a one-person job, and that bonding, support, and shared responsibility matter from day one.
Why Paternity Leave and Maternity Leave Aren’t Treated the Same
Although most U.S. states still don’t require paid paternity leave, attitudes are slowly changing – just not evenly. Many companies and employees now recognise the value of fathers spending real time with newborns. In saying that, the data shows that men are far more likely than women to take short leave or none at all, often because they worry about career impact or burdening their teams.
Part of the reason comes down to how U.S. law treats maternity and paternity leave differently. Federal policy has historically framed maternity leave around medical recovery from pregnancy and childbirth, while paternity leave is treated as optional “bonding” time.
As a result, maternity leave is often longer and more socially accepted, partly because it includes medical leave for pregnancy and childbirth recovery under laws like FMLA, state programs, and short-term disability, while paternity leave is typically limited to bonding time – making it shorter, less used, and more vulnerable to stigma.
How Companies are Changing the Narrative
In response, some companies are choosing to step beyond the legal minimum. Google, Bank of America, Adobe, and Etsy now offer generous paternity or shared parental leave, in some cases providing several months of paid time off regardless of gender.
Even with these shifts, the gap between maternity and paternity leave remains wide. Without a national standard, you and your company are left navigating legal requirements, workplace culture, and employee expectations all at once – deciding whether to simply follow the minimum rules, or to offer policies that better reflect how modern families actually work.
Manage Paternity Leave Across States With Playroll
As your U.S. workforce grows, paternity leave becomes harder to manage. Different state programs, funding models, and eligibility rules make manual administration risky – particularly for distributed or remote teams.
With centralized statutory benefits administration and local expertise across jurisdictions, your company can manage paternity leave while staying compliant with U.S. law and delivering consistent, clear leave experiences for your team, wherever they’re based.
If you’re looking for a partner that can make that happen, book in a chat with our team and let’s see how we can help yours.
ABOUT THE AUTHOR
Jaime Watkins
Jaime is a content specialist at Playroll, specializing in global HR trends and compliance. With a strong background in languages and writing, she turns complex employment issues into clear insights to help employers stay ahead of the curve in an ever-changing global workforce.
Paternity Leave in the United States FAQs
Is paternity leave for men mandatory in the United States?
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No, paternity leave for men is not mandatory at the federal level in the United States. There is no federal requirement to offer paid paternity leave, though some states do mandate paid family leave.
How long does a man get paternity leave in the United States?
In the United States, a man may take up to 12 weeks of unpaid, job-protected paternity leave under FMLA, with paid leave available only if state law or an employer policy provides it.
Are fathers paid during paternity leave in the United States?
Fathers are paid during paternity leave in the United States only if they qualify under a state paid family leave program or if their employer offers paid paternity leave.
Can fathers take paternity leave if they work for small companies in the United States?
Whether fathers can take paternity leave when working for a small company depends on the employer and the state. FMLA applies only to employers with 50 or more employees, but some state programs extend paternity leave protections to smaller employers.
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