Paternity leave in the United States is not a single federal entitlement — it is the same patchwork of FMLA, state paid family leave programmes, and employer policies that governs maternity leave. The Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid, job-protected leave for bonding with a new child, but only for employees who meet the 50-employee and 1,250-hour thresholds. Nine states and Washington DC have paid family leave programmes that can provide income during the bonding period. Outside of those states, the only source of paid paternity leave is the employer’s own policy.
This guide covers the US paternity leave landscape in 2026: what FMLA provides, how state PFL programmes work for fathers, employer policy trends, and how to manage compliance across multiple states.
Key takeaways
- FMLA provides 12 weeks of unpaid, job-protected leave for bonding with a new child — but only for eligible employees at employers with 50 or more employees.
- No federal paid paternity leave exists — the US is the only OECD country without a national paid parental leave programme.
- Nine states and Washington DC have paid family leave programmes that cover paternity leave (bonding).
- Employer policy is the primary source of paid paternity leave — the most common offering is 2-4 weeks of paid leave.
- The gap between large employer policies and statutory minimums is significant.
FMLA paternity leave
The Family and Medical Leave Act covers both parents. For fathers, FMLA provides:
- 12 weeks of unpaid, job-protected leave for bonding with a new child within 12 months of birth or placement.
- Job protection: The employee must be restored to the same or an equivalent position.
- Health insurance: The employer must continue group health insurance during the leave.
FMLA eligibility
To qualify, the father must:
- Have worked for the employer for at least 12 months (not necessarily consecutive).
- Have worked at least 1,250 hours during the 12 months before leave begins.
- Work at a location where the employer has 50 or more employees within 75 miles.
The 50-employee threshold is the most significant barrier. Fathers at small businesses, remote workers, and employees at branch locations often do not qualify for FMLA protection. For these employees, there is no federal statutory right to paternity leave.
FMLA limitations for fathers
- Unpaid leave: The employer is not required to pay the father during FMLA leave.
- Small employer exemption: Employers with fewer than 50 employees are entirely exempt.
- Intermittent leave: FMLA allows intermittent leave for bonding, but many employers require it to be taken in a single block.
- No wage replacement: The father receives no income from FMLA itself.
State PFL for paternity leave
State paid family leave programmes cover bonding with a new child — this includes paternity leave. The same nine states and Washington DC that offer PFL for maternity leave also cover paternity leave:
| State | Programme | Duration | Benefit Rate | Weekly Cap (2026) |
|---|---|---|---|---|
| California | PFL | 8 weeks | 60-70% of wages | ~$1,620 |
| New York | PFL | 12 weeks | 67% of wages | ~$1,151.16 |
| Washington | PFML | 12 weeks | ~90% of wages (low earners) | ~$1,479 |
| New Jersey | FLI | 12 weeks | 85% of wages | ~$1,033 |
| Massachusetts | PFML | 12 weeks | 80% of wages | ~$1,129.82 |
| Connecticut | PFL | 12 weeks | 95% of wages (low earners) | ~$900 |
| Colorado | FAMLI | 12 weeks | 90% of wages (low earners) | ~$1,100 |
| Oregon | PFML | 12 weeks | 100% of wages (low earners) | ~$1,500 |
| Maryland | FAMLI | 12 weeks | 90% of wages (low earners) | ~$1,000 |
| Washington DC | PFML | 12 weeks | Up to 100% of wages | ~$1,000 |
Note: Benefit rates and caps change annually. The figures above are approximate 2026 estimates.
State PFL and FMLA interaction
In most cases, state PFL runs concurrently with FMLA when both apply. The father takes 12 weeks of leave that satisfies both federal FMLA and state PFL simultaneously, with the state providing income during that period. However:
- If the father is not FMLA-eligible (for example, at a small employer), the state PFL may still apply independently.
- Some states allow PFL to run after FMLA exhausts, extending the total leave period.
- PFL provides income replacement but not job protection — FMLA provides the job protection.
Employer policy trends for paternity leave
Outside of FMLA and state PFL, employer policy is the primary source of paid paternity leave. According to industry surveys:
| Employer Type | Typical Paid Paternity Leave |
|---|---|
| Large tech companies | 12-26 weeks fully paid |
| Fortune 500 average | 4-8 weeks fully paid |
| Mid-market employers | 2-4 weeks fully paid |
| Small businesses | 0-2 weeks unpaid (FMLA only) |
The trend is toward more generous policies, but the gap between large and small employers remains significant. A father at a 50-person company in a non-PFL state may have access to nothing beyond FMLA’s 12 weeks unpaid — while a colleague at a tech startup in the same city receives 12 weeks fully paid.
Common employer approaches
- Equal parental leave: Offering the same paid leave duration to all parents regardless of gender.
- Phased return: Allowing the father to return part-time for a transition period.
- Flexible scheduling: Permitting remote work or adjusted hours during the first months.
- Supplemental PTO: Allowing the father to use accrued PTO during unpaid FMLA leave.
Paternity leave in non-PFL states
In the majority of US states that do not have a paid family leave programme, fathers have:
- FMLA unpaid leave (if eligible at 50+ employees).
- Employer policy (if the employer offers paid paternity leave).
- Nothing beyond FMLA if the employer does not offer paid leave and the employee is not FMLA-eligible.
This means that in states like Texas, Florida, Georgia, and Illinois (without state PFL), a father at a small employer may have no statutory right to any paid paternity leave — and may have no job-protected leave at all if the employer is under 50 employees.
Multi-state compliance challenges for paternity leave
Employers operating across multiple states face the same compliance challenges as for maternity leave:
- Different employee thresholds: FMLA requires 50 employees within 75 miles; state PFL programmes may apply to smaller employers.
- Different benefit rates: Each state sets its own PFL rate and weekly cap.
- Different eligibility criteria: Some states require a minimum number of weeks worked; others use a wage threshold.
- Different contribution rates: The employee payroll deduction rate varies by state.
- Different administrative processes: Each state has its own application, reporting, and compliance requirements.
For fathers in multiple states, maintaining compliance requires state-specific leave tracking, separate payroll deductions per state, and awareness of each state’s PFL application and reporting requirements.
Putting it into practice
Five steps cover most US paternity leave compliance:
- Determine whether the employee qualifies for FMLA (12 months, 1,250 hours, 50+ employees within 75 miles).
- Check whether the employee is in a state with a PFL programme and apply for benefits if eligible.
- Calculate the combined leave entitlement (FMLA + state PFL running concurrently or sequentially).
- Communicate the employee’s rights, including any company policy benefits beyond statutory minimums.
- Track leave accurately across multiple states if the employer operates in more than one jurisdiction.
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Frequently asked questions
How long is paternity leave in the US?
FMLA provides 12 weeks of unpaid, job-protected leave for bonding with a new child. In states with paid family leave programmes, fathers can receive income during that period. Outside of PFL states, paternity leave is only paid if the employer’s policy provides it.
Is paternity leave paid in the US?
There is no federal paid paternity leave. Nine states and Washington DC have paid family leave programmes that cover paternity leave. Outside of those states, paternity leave is only paid if the employer offers it.
Can a father take FMLA leave for paternity leave?
Yes. FMLA covers bonding with a new child for both parents. The father must meet the same eligibility criteria: 12 months of service, 1,250 hours worked, and employment at a location with 50 or more employees within 75 miles.
What if my employer does not offer paid paternity leave?
In states without PFL, the only statutory right is unpaid FMLA leave (if eligible). If the employer does not offer paid leave and FMLA does not apply, there is no statutory right to paid paternity leave. The father may use accrued PTO or unpaid leave.
Do both parents get the same leave?
Under FMLA, both parents have the same 12-week entitlement. State PFL programmes also typically provide the same benefits to both parents. However, employer policies may differ — some offer different durations for birth mothers and fathers.
Sources
- US Department of Labour — FMLA (primary source)
- National Partnership for Women and Families — State Paid Leave Laws
- American Progress — Paid Family and Medical Leave
This article is general information, not legal advice. US leave laws and state PFL benefit rates change frequently — confirm current figures with the US Department of Labour and the relevant state agencies.