Paid Paternity Leave Laws for Fathers: Explained

do fathers get paid paternity leave
January 20, 2026

Michael Thompson

About the Author

Michael Thompson is a legal expert specializing in employment law frameworks with over 20+ years of experience. Holding a J.D. from the School of Law, Michael has advised top organizations on establishing and maintaining legally sound HR structures. He provides essential legal insights on our blog, helping organizations with workplace compliance. Outside of writing, Michael enjoys cycling, volunteering at legal aid clinics, and going to historical sites.

Many fathers want to take time off after the birth or adoption of a child, and that need is widely accepted in today’s workplaces.

However, paid paternity leave in the United States is often confusing, even for experienced employees.

There is no single federal law that guarantees paid leave for fathers, which leads to uncertainty about pay, job protection, and eligibility.

This article explains how paternity leave actually works for fathers, including federal rules, state paid family leave programs, and employer policies.

By the end, fathers and HR professionals will have a clear picture of when paid paternity leave is available and what steps matter most before requesting time off.

Know the difference: paternity leave vs maternity leave

Do Fathers Get Paid Parental Leave?

Fathers can receive paid parental leave in the U.S., but only in certain situations.

There is no federal law that requires employers to pay fathers during paternity leave.

The main federal law, the Family and Medical Leave Act (FMLA), allows eligible employees to take time off for bonding with a new child, but that time is unpaid.

Paid leave usually comes from two other sources: employer benefits or state-run paid family leave programs.

Some employers offer paid parental leave as part of their benefits package, often to stay competitive in hiring and retention. When this benefit exists, it applies to fathers and mothers on equal terms.

Several states also provide paid family leave benefits. These programs replace part of a worker’s wages while they are away from work to bond with a child.

Fathers qualify under the same rules as other parents, as long as they meet earnings and work-history requirements.

What is the Concept of Paid Family Leave for Fathers?

how long do fathers get paid paternity leave in nz

Paid family leave is designed to replace part of a worker’s income during time away from work for family-related reasons.

For fathers, this most often means bonding with a new child during the first months after birth or placement.

These programs usually work like insurance. Workers and employers contribute through payroll deductions, and eligible employees receive benefits when they take approved leave.

Payments are based on past earnings and are capped at a maximum weekly amount.

A key point for HR compliance is that wage replacement and job protection are not always linked.

Some programs pay benefits without guaranteeing that the same job will be held open. That protection may come from separate federal or state laws.

How Long Do Dads Take Off for Paternity Leave?

The amount of time fathers take off varies widely. Some take only a few days, while others take several weeks or more.

The difference usually comes down to whether the leave is paid, unpaid, or a mix of both.

State paid family leave programs often allow between eight and twelve weeks of bonding time. Employer-paid leave may be shorter or longer, depending on company policy.

When fathers rely only on unpaid leave under FMLA, the law allows up to twelve weeks, but many employees take less time because there is no wage replacement.

In practice, many fathers combine different options. A father might use employer-paid leave first, then state benefits, and finally unpaid leave if job protection is available.

What is EDD Paternity Leave?

In California, paid paternity leave benefits are managed by the Employment Development Department (EDD).

Fathers may qualify for California Paid Family Leave, which provides partial wage replacement while bonding with a new child. This benefit applies to birth, adoption, and foster placement.

It is important to understand that EDD benefits provide pay but do not guarantee job protection.

Job protection may come from other laws, such as the Family and Medical Leave Act or the California Family Rights Act, if eligibility requirements are met.

What States Have Paid Paternity Leave?

paternity leaves for fathers

Paid paternity leave at the state level is usually offered through paid family leave or paid family and medical leave programs.

These programs allow fathers to take time off to bond with a new child while receiving partial pay. Eligibility, length of leave, and payment rules are set by each state.

1. New York Paid Paternity Leave

New York allows fathers to take up to 12 weeks of paid family leave for bonding with a newborn, adopted child, or foster child.

To qualify, a father must work for a covered employer and meet minimum time-worked requirements, which depend on whether the job is full-time or part-time.

The benefit provides partial wage replacement, funded through employee payroll contributions, and applies equally to fathers and mothers.

2. California Paid Paternity Leave

California provides fathers with up to 8 weeks of paid family leave for bonding through the state’s Paid Family Leave program.

Eligibility is based on having paid into the State Disability Insurance system and experiencing a wage loss while on leave.

This program replaces part of the employee’s wages and is administered by the Employment Development Department.

Job protection depends on separate laws, such as the FMLA or the California Family Rights Act.

3. New Jersey Paid Paternity Leave

New Jersey offers fathers up to 12 weeks of paid leave under its Family Leave Insurance program.

Fathers must meet earnings requirements and take leave to bond with a new child within the required time frame.

The program provides partial wage replacement and is funded through payroll deductions. Job protection may apply under state or federal leave laws, depending on the employer and employee.

4. Colorado Paid Paternity Leave

Colorado’s FAMLI program allows fathers to take up to 12 weeks of paid family leave for bonding with a child.

Eligibility is based on earnings during a base period and working for a covered employer. The program provides partial wage replacement and applies to most workers in the state.

Additional weeks may be available in limited medical situations.

5. Texas Paternity Leave

Texas does not have a statewide paid family leave program for private-sector employees.

Fathers in Texas receive paid paternity leave only if their employer offers it.

Some state government employees are eligible for paid parental leave, but this benefit does not apply broadly across the private workforce.

6. Florida Paternity Leave

Florida also does not provide statewide paid paternity leave for private-sector workers.

Paid leave depends on employer policy. Limited paid parental leave is available to certain public employees, but most fathers must rely on employer benefits or unpaid leave under federal law.

Need urgent leave but not sure what excuse to give? Read this article and find out the reasons for leave of absence.

Key Things Fathers Should Check Before Taking Paternity Leave

Before applying for paternity leave, it is important to review how federal rules, state programs, and employer policies apply to the specific job and location.

Planning ahead helps reduce pay interruptions, delays, and confusion during an already important life change.

State eligibility rules: Check whether the state offers paid family leave and confirm the work history or earnings required to qualify.

Employer parental leave policy: Review company policies to see if paid parental leave is offered and how long it lasts.

Federal job protection laws: Confirm eligibility under the Family and Medical Leave Act, including employer size and length of employment.

Pay limits and benefit caps: State programs replace only part of wages and usually apply a weekly maximum.

Notice and paperwork requirements: Many programs require advance notice, medical or bonding documentation, and timely filing.

Conclusion

Paid paternity leave for fathers in the United States depends largely on where a person works and which laws apply.

There is no federal rule that guarantees paid leave, but state paid family leave programs and employer policies can provide income during bonding time.

Understanding the difference between wage replacement and job protection is essential, as these benefits often come from separate laws.

Fathers who review state eligibility rules, employer policies, and federal protections early are better prepared to plan time off without unexpected gaps in pay or employment.

Clear planning allows fathers to focus on family responsibilities while staying informed about their workplace rights and obligations.

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