Male Maternity Leave: A Guide to Paternity Leave, Policies, and Benefits
Learn about male maternity leave, often called paternity leave, including eligibility under FMLA, state policies, & options for fathers & non-birthing parents. 8 min read updated on December 16, 2024
Key Takeaways
Maternity leave for men, sometimes referred to as paternity leave, gives new fathers time off during adoption or childbirth.
Many fathers must bond with their newborns without paid leave using sick days, accrued vacation time, or unpaid absence.
Variations influence the availability and benefits of paternity leave in federal, state, and corporate policies.
Advocates call for extending paternity leave rules in response to obstacles, including stigma, unpaid leave, and effects on careers.
The Family and Medical Leave Act (FMLA) grants up to 12 weeks of unpaid, job-protected leave for eligible family needs.
FMLA eligibility calls for particular job hours, employment length, and company size.
Thirteen states, including DC, mandate paid family leave; nine others provide voluntary insurance-based leave.
Maternity leave for men is also known as paternity leave. This is the time a new dad takes off work to have a child born or adopted. Like maternity leave, paternity leave is rarely paid.
However, companies are increasingly offering new dads paid time off, ranging from a few days to several weeks.
In the meantime, most dads must take sick days or accumulated vacation time when their babies are born, and a growing number of fathers are taking unpaid leave to spend more time with their families during this essential bonding time.
This guide will explore some of the most important laws, eligibility requirements, and benefits of father paternity leave to ensure you understand your options and rights in this pivotal time.
What is Male Maternity Leave? AKA: Paternity Leave
Male maternity leave, commonly called paternity leave, allows fathers or non-birthing parents to take time off work to care for and bond with a new child. This leave can apply whether welcoming a child through birth, adoption, or fostering.
Paternity leave lets fathers or non-birthing parents support their families and connect with their children.
Even though paternity leave is less common than maternity leave, its role in strengthening the family unit and ensuring equality in caregiving is now recognized.
There are many differences in employers, states, and federal legislation on paternity leave.
Some companies offer paid leave to new fathers, while others may provide no leave at all or simply follow minimal federal guidelines.
The Increasing Desire for Paternity Leave
Much research has been done to support the argument in favor of increasing paternity leave.
This extensive 2024 analysis of several studies revealed several findings highlighting the benefits and growing support for extended paternity leave.
For fathers, the benefits include:
Lower risk of death.
Increased physical activity.
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Enhanced psychological well-being:
Greater life satisfaction.
Lower maternal postnatal depression when fathers take paternity leave.
Improved ability to recognize children’s independent thoughts and feelings.
For children whose fathers take extended paternity leave, the benefits include:
Higher neurodevelopment in early childhood.
Reduced child mortality risk.
The analysis also discussed a trend observed in the data relating to the division of household labor for families with a mother and father.
It illustrated the positive shift toward a more equal division of household tasks and childcare when fathers take paternity leave.
Research has also shown that most dads want to play a bigger role in family life but feel restricted due to work duties.
Because of this, advocates have called for expanding paternity leave laws.
Almost all dads consider their kids a top priority, and a majority want to spend more time with them.
In fact, a Boston College survey of 3,000 employed fathers discovered that almost 90% of them thought their employers should offer paid paternal leave.
Regarding paternity leave as we currently know it, one study found that less than 5% of American fathers took two or more weeks of paid leave after welcoming a baby.
A lack of paid leave, the stigma associated with paternity leave, and potential harm to a new dad's career are all barriers to expanded paternal leave.
Companies should consider adopting fair policies to ensure new dads can return to work after taking paternity leave without the threat of job loss, demotion, or other negative outcomes.
Part-time and small-business employees also need access to paternity leave. This access would expand the leave benefits not currently covered under federal law.
Regardless of their job status or career, men should be there for their children after adoption or delivery.
Same-Sex Partners
As the law currently stands, same-sex couples face great difficulty in getting paid paternity leave, particularly when the couple are nonbiological parents. Even so, things are changing, and companies are getting better at acknowledging same-sex partners.
In 2010, the Department of Labor extended coverage under the FMLA to nonbiological parents, giving them access to FMLA leave. Similarly, a Supreme Court ruling found the FMLA applicable to same-sex couples who are legally married.
If you aren’t legally married to your partner, your employer might deny paternity leave for you.
Getting paid leave is more difficult when you are not the birthing parent. If you have concerns about your rights as same-sex parents, reach out to an LGBT advocacy group or contact an employment attorney.
Understanding FMLA and Eligibility for Parental Leave
We have mentioned FMLA a few times, but we will now explore it in more detail.
What is FMLA, and Who is Eligible?
The Family and Medical Leave Act (FMLA) is a 1993 federal law that affords qualifying workers up to 12 weeks of unpaid, job-protected leave within 12 months for various family and medical purposes.
The FMLA enables employees to work, care for family and medical needs, and maintain job security during their leave.
You could take FMLA leave to take care of a newborn, adopt or foster a child, treat a serious illness, or take care of a loved one with a serious illness.
Eligibility Requirements for FMLA
Workers have to meet certain standards to be eligible for FMLA leave:
Company Size: The company must have at least 50 employees within 75 miles.
Employment History: The worker should have worked for the employer for at least 12 months (not necessarily consecutively).
Work Hours: The employee should have worked at least 1,250 hours within the 12 months before the leave.
These conditions allow employees to claim FMLA leave, allowing them to take time off without losing job protection or access to group health insurance.
FMLA for Fathers and Non-Birthing Parents
Significant updates to the FMLA's coverage have strengthened its inclusivity for different family structures.
Following the 2013 Supreme Court ruling in United States v. Windsor, which declared section 3 of the Defense of Marriage Act (DOMA) unconstitutional, the Department of Labor extended FMLA protections to same-sex spouses.
Initially, coverage was limited to employees residing in states recognizing same-sex marriage. However, a 2015 Final Rule change redefined "spouse" under the FMLA using a "place of celebration" standard to provide consistent protections.
Under this rule, FMLA rights are acknowledged depending on where the marriage took place, independent of the employee's residency.
This ensures eligible employees in legal same-sex marriages can take FMLA leave.
They may require this time to care for their spouse's health needs, for military-related leave, or to care for stepchildren or stepparents in same-sex marriages, whether or not they meet the in loco parentis requirement.
The 2015 amendment also helps fathers and non-birthing parents. It permits leave to be with a newborn or newly adopted child and to take care of a spouse or child with a major medical condition.
Whether they are married or not, fathers, adoptive parents, and non-birthing partners now have equal access to FMLA leave.
These changes promote equity and support for all families navigating serious medical and caregiving challenges.
State-Level Parental Leave Policies and Benefits
We’ve mentioned that parental leave policies can vary by state. For example, California was the first state to offer paid family leave for both men and women.
Next, we’ll discuss some of these states and how their policies differ.
Paid and Unpaid Leave in Select States
Thirteen states and DC require paid family leave, and eight more offer voluntary private insurance-based paid family leave.
In addition to DC, the thirteen states that require paid family leave are:
California
Colorado
Connecticut
Delaware
Maine
Massachusetts
Maryland
Minnesota
New Jersey
New York
Oregon
Rhode Island
Washington
Delaware, Maine, Minnesota, and Maryland will be added to this list in 2026.
The eight that offer voluntary private insurance-based paid family leave are:
Alabama
Arkansas
Florida
New Hampshire
Tennessee
Texas
Vermont
Virginia
Paid vs. Unpaid Leave Options for Fathers: Duration and Options
Fathers have options for paid and unpaid paternity leave, but what applies to your situation will depend on where you live, who employs you, and other factors.
What Leave is Available for Fathers Under FMLA?
Under the Family and Medical Leave Act, fathers may take unpaid leave for up to twelve weeks. Though unpaid, this leave offers employment security during a crucial bonding phase.
Many governments and companies include paid leave choices to augment FMLA benefits. This helps those fathers balance family obligations without compromising financial stability.
Paid vs. Unpaid Leave Options for Fathers
Some businesses encourage the use of paid time off (PTO), vacation days, or state-funded leave programs, while others provide paid paternity leave as a standalone benefit.
These choices allow fathers to fulfill their financial responsibilities while also being present for their families.
Though their availability and offerings differ, these advantages are becoming increasingly common in offices nationwide.
Federal and Military Parental Leave Options
From federal employee benefits to flexible military leave policies, these benefits are designed to help new parents balance their responsibilities at home and work.
Federal Employee Paid Leave Act
Under the Federal Employee Paid Leave Act (FEPLA), paid parental leave is standard for federal employees. The act offers up to 12 weeks of paid time following a child's birth, adoption, or foster placement.
This benefit must be used within twelve months of the qualifying event and requires employees to remain in a parental role during their absence from work.
Under the Family and Medical Leave Act, FEPLA paid leave substitutes unpaid leave, guaranteeing financial support during this crucial period.
Eligible employees must satisfy FMLA standards, including work hours and service length.
Federal workers who use paid leave under FEPLA must also agree in writing to return to work for at least 12 weeks following the end of the leave. This commitment reaffirms their dedication to the employing agency.
Military Leave Policies
Under FMLA, military leave policies give qualified workers flexible leave choices catered to the special needs of military households.
Taken in flexible, non-consecutive increments, FMLA leave for military-related reasons offers flexibility and support for necessary tasks. These tasks include organizing childcare, attending military activities, or tending to a wounded service member.
Every leave increment must be at least one week to guarantee enough time to handle important obligations. This adaptability allows staff members to negotiate the demands of military family life while preserving job security during their absence.
How to Apply for Parental Leave and Key Considerations
Applying for parental leave entails alerting your HR department and submitting the necessary paperwork. Timing is crucial since a certain amount of notice might be necessary.
Clarify the dates of your leave, know your rights, and prepare to adjust your work calendar.
Budgeting for Unpaid Leave or Supplementing with Paid Time Off
Should your parental leave be unpaid, you must budget accordingly.
You might need to start saving ahead of time or use paid time off (PTO) to augment your income and better meet your financial demands.
In some situations, short-term disability benefits could also provide partial income replacement and support.
Do you have questions about your legal rights surrounding FMLA parental leave eligibility, state parental leave policies for fathers, paternity leave for fathers, or paid paternity leave benefits?
Post a job on UpCounsel today to find an employment lawyer in your state.
FAQs About Male Maternity Leave and Parental Leave in the U.S.
Why Dads Don’t Take Paternity Leave?
Fathers are often discouraged from taking paternity leave due to stigma, financial constraints, and possible effects on job advancement. Now, as office culture changes, more fathers are making time with their growing family a top priority.
What's The Difference Between Maternity Leave And Paternity Leave?
Historically connected with the birthing parent, maternity leave focuses on bonding and healing.
Paternity leave is intended to help fathers or non-birthing parents bond with their children and assist their families.
Both types of leave encourage family involvement. However, depending on the company, state, and federal rules, access and benefits may differ.