# Paternity Leave in the US: FMLA, State Paid Leave and How to Ask

> Everything new dads need to know about paternity leave in the US: how FMLA works for fathers, which states pay and how much, the benefits of taking leave, and how to ask your employer (with an email template).

By Yoedhistiera, Bapak Life. Topic: Dad Life. Updated November 3, 2026.
Canonical: https://bapaklife.com/paternity-leave-in-the-us/

## Key takeaways

- Yes. Under the federal FMLA, fathers have the same right as mothers to up to 12 weeks of unpaid, job-protected leave for the birth and bonding, if they qualify.
- FMLA is unpaid. Pay comes from your employer's own policy, or from a state program. 13 states and Washington, DC have paid family leave laws.
- Benefits vary a lot by state, from 8 weeks in California to 12 weeks in New York, New Jersey, Washington and Massachusetts. Replacement pay ranges from about 67% to 90% of wages, up to a cap.
- Give your employer at least 30 days' notice before an expected birth. You don't have to say "FMLA," but you do need to say why you need the leave.
- Taking leave pays off: in U.S. studies, dads who took 2 weeks or more were more involved with their babies, and the AAP supports at least 12 weeks of paid leave for both parents.

Paternity leave in the US is a patchwork. There's no national paid leave for new dads, but there is a federal law that protects your job while you take time off, a growing list of states that pay part of your wages, and whatever your employer offers on top. This guide covers everything you need to know: what you're entitled to, what you might be paid in each state, why taking leave is worth it, and how to ask.

**A note before you plan:** this is general information, checked on government websites in October 2026. Rules change and your employer's policy matters, so confirm the details with HR and your state's program before you count on them.

## The short answer

- **Can dads take paternity leave?** Yes. Under FMLA, fathers have the same right as mothers to take leave for the birth and to bond with the baby, if you're eligible.
- **How long?** Up to 12 weeks in a 12-month period under FMLA, within the baby's first year.
- **Is it paid?** FMLA itself is unpaid. Pay comes from your employer or from a state program, if your state has one.
- **When to ask?** At least 30 days before the due date.
- **Is it worth it?** Yes. Dads who take 2 weeks or more tend to be more involved with their babies long after, and leave helps moms recover too.

## FMLA for fathers: the federal baseline

The Family and Medical Leave Act gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period. The Department of Labor says it plainly: "Both mothers and fathers have the same right to take FMLA leave for the birth of a child and bonding."

**Are you eligible?** All three must be true:

1. You've worked for your employer for at least 12 months (they don't have to be in a row).
2. You've worked at least 1,250 hours in the 12 months before the leave starts.
3. Your employer has at least 50 employees within 75 miles of your worksite.

Covered employers include private companies with 50 or more employees, plus all public agencies and public schools, whatever their size.

**What it protects:**

- **Your job.** When you come back, you return to the same job or an equivalent one with the same pay and benefits.
- **Your health insurance.** Your employer has to keep your group health coverage going as if you were working.

**The fine print for dads:**

- **Use it within a year.** Leave for the birth must be taken within 12 months of the birth.
- **All at once, unless your employer agrees.** Splitting bonding leave into pieces, or working part-time, needs your employer's agreement.
- **Same employer as your spouse?** Married spouses who work for the same employer can be limited to 12 weeks combined for bonding. The DOL says this limit doesn't apply to unmarried partners.
- **Leave before the birth.** You can also use FMLA to care for your spouse if she's incapacitated during the pregnancy, to go with her to prenatal care, or to care for her after the birth if she has a serious health condition.

## Paid leave: does your state pay?

According to the Department of Labor, 13 states and Washington, DC have laws creating paid family and medical leave programs. Here's what the biggest and newest programs say for 2026:

| State | Bonding leave | Pay | 2026 weekly maximum |
|---|---|---|---|
| California | Up to 8 weeks in 12 months | About 70% to 90% of wages | $1,765 |
| New York | Up to 12 weeks, job-protected | 67% of your average weekly wage | $1,228.53 |
| New Jersey | Up to 12 weeks (continuous) | 85% of your average weekly wage | $1,119 |
| Washington | Up to 12 weeks of family leave | Up to 90% of weekly pay | $1,647 |
| Massachusetts | Up to 12 weeks, within the first 12 months | A share of wages, set by formula | $1,230.39 |
| Delaware | Up to 12 weeks a year (began Jan. 1, 2026) | Up to 80% of wages | $900 |
| Oregon | Up to 12 weeks in 52 weeks | See the state's calculator | See the state's site |
| Maine | Up to 12 weeks (benefits from May 2026) | See the state's calculator | See the state's site |
| Washington, DC | 12 weeks of parental leave | See the program's site | See the program's site |
| Connecticut | Up to 12 weeks | 95% of wages up to a threshold, then 60% above it | $1,016.40 |
| Colorado | Up to 12 weeks a year, within 12 months of the birth | Up to 90% of your average weekly wage | $1,381 (as of Jan. 1, 2026) |
| Minnesota | Up to 12 weeks for bonding (benefits began Jan. 1, 2026) | 90%, 66% or 55% of wages in tiers | The state's average weekly wage; see the state's site |
| Rhode Island | Up to 8 weeks | 4.62% of your highest-quarter wages | $1,103 |

**Coming later:** **Maryland** has passed a law, but benefits don't start until January 1, 2028. New Hampshire and Vermont have voluntary programs that some employers buy into.

Two things to know about state programs:

- **Pay and job protection can be separate.** California's program, for example, pays benefits but doesn't protect your job on its own; FMLA or California's own family leave law may. Connecticut's paid leave program also says it "does not provide job protected time away from work" (the state's own family leave law can). New York's leave, by contrast, is job-protected, and so is Colorado's once you've been with your employer more than 180 days, Minnesota's after 90 days, and Rhode Island's.
- **Eligibility differs.** Washington, for example, requires 820 hours of work in the qualifying period.
- **Both parents can claim.** In Colorado, "Both parents are eligible for FAMLI-covered bonding leave, and they do not have to take the weeks concurrently." More than 40% of Colorado's bonding claims were filed by men, the program says.

**How common is paid leave from employers?** The Bureau of Labor Statistics found that in March 2026, 49% of private-industry workers had access to paid family and medical leave. That count includes plans required by state laws, so check your own handbook to see what your employer offers.

## Benefits of paid paternity leave

Why bother, if it's unpaid or only partly paid? The research is consistent: time at home early pays off for the whole family.

**You'll be more involved, for years.** A U.S. study of fathers found that "longer periods of leave are associated with more frequent engagement in developmental tasks and caretaking" both in infancy and in the first few years. Another, following 1,319 mostly lower-income families, found that taking leave, "particularly 2 weeks or more," was linked with children later describing their dads as more involved and closer. The Department of Labor summed up earlier research the same way: dads who took two weeks or more were "much more likely to be actively involved in their child's care nine months after birth," including feeding, diapers and night wake-ups.

**It helps her recover.** In Sweden, a policy that let fathers take a few days of leave flexibly in the first year reduced mothers' postpartum health complications and improved their mental health, a study using a strong natural-experiment design found. The AAP lists "lower rehospitalization rates following delivery, decreased postpartum depression rates and better spousal relationships" among the benefits of paid leave.

**It helps breastfeeding.** In a Georgia survey, babies whose fathers took 2 weeks or more of leave were more likely to still be breastfed at 8 weeks (79.3% vs 60.5%). A large Swedish study found babies whose fathers took no leave in the first year were less likely to be breastfed at 2, 4 and 6 months. Both are associations, not proof of cause.

**It's good for your mental health.** A large French study found fathers who took paternity leave had lower odds of postpartum depression, but the researchers cautioned that a 2-week leave might raise mothers' risk, so the best length and timing aren't settled. In a U.S. study, fathers with unpaid leave were more likely to report anxiety than fathers with paid leave.

**Paid leave makes dads take it.** When California started paying for family leave, fathers of infants were 46% more likely to be on leave. A review of the research found paid leave "does not impose major burdens" on employers.

**What the doctors say.** The AAP supports paid leave "including at least 12 weeks of leave for parents of newborn infants," and says it should be "provided equally for both parents." ACOG's advice to partners: "If you are able to take time off, it is a good idea to do so."

## How much paternity leave do US dads actually take?

Not much, and many want more. In a 2025 study of fathers in Georgia, 73% of employed dads took some leave, but 64% took less than 2 weeks or none. The most common reasons: wanting more leave but being unable to take time off (43%), money (27%) and too much work (24%). Pew found in 2017 that the median paternity leave was one week. The Department of Labor has noted that even when paid leave exists, some men "cut their leaves short to avoid being perceived as less dedicated employees."

If you can, aim for at least 2 weeks: it's the length most of the research above points to.

## Federal employees

Federal workers get up to 12 weeks of paid parental leave under the Federal Employee Paid Leave Act, according to the Office of Personnel Management. The leave must be used within 12 months of the birth, and you have to agree in writing to work for 12 weeks after it ends. Employees with fewer than 12 months of qualifying federal service aren't eligible.

## How to ask for paternity leave

The first three steps come from the Department of Labor's own guidance and the FMLA rules; the last two are good practice:

1. **Give 30 days' notice.** For an expected birth, you must give your employer at least 30 days' notice. If the baby comes early, tell them as soon as you can, usually the same day or the next workday.
2. **Say why, clearly.** You don't have to say the word "FMLA," but you need to give enough information for your employer to know the leave may qualify: for example, that your partner is due on a certain date and you need leave for the birth and to care for the baby.
3. **Follow the usual process.** Use your employer's normal leave request or call-in procedure. Under FMLA rules, verbal notice is enough, but your employer can require written notice with the reason, start date and length of the leave. Rhode Island requires a written notice 30 days ahead.
4. **Ask about pay.** FMLA leave can run at the same time as paid leave your employer offers, so ask HR how your paid time off, any parental leave policy and your state's program fit together.
5. **Get it in writing.** Confirm your dates and what you'll be paid by email.

Once you ask, your employer must tell you whether you're eligible for FMLA leave within five business days, the DOL says.

**An email you can adapt:**

> Hi [manager],
>
> Our baby is due on [date], and I'd like to request paternity leave for the birth and to care for our newborn. I'm planning to take [number] weeks, starting around [date], and to return on [date]. Since babies don't always arrive on time, I'll confirm the exact start as soon as I know.
>
> Could you let me know how this works with the Family and Medical Leave Act, our parental leave policy and [state] paid leave, and what paperwork HR needs from me? Before I go, I'll [hand over projects / brief who covers what].
>
> Thanks,
> [Name]

If you think your employer is denying leave you're entitled to, the DOL's Wage and Hour Division helpline is **1-866-487-9243**.

**A practical tip:** talk to your manager early, then put the formal request in writing at least 30 days out. Babies rarely arrive on the due date (only about 1 in 20 do), so agree in advance on what happens if yours comes early.

Asking for a lasting schedule change after you're back? See [working dad: how to balance work and family](/working-dad-work-life-balance/). Planning the first weeks at home? See [skin-to-skin for dads](/skin-to-skin-for-dads/), our [hospital bag checklist](/hospital-bag-checklist-for-dads/) and [everything in Dad Life](/category/dad-life/).

## FAQ

### Can new dads take paternity leave in the US?

Yes. Under the federal FMLA, eligible fathers can take up to 12 weeks of unpaid, job-protected leave within the baby's first year, the same as mothers. Some states and many employers add paid leave on top.

### Is paternity leave paid in the US?

Not by federal law. FMLA leave is unpaid. You may be paid through your employer's policy, by using paid time off, or through a state paid family leave program if you live in one of the 13 states, or Washington, DC, with such a law.

### How much notice do I need to give for paternity leave?

At least 30 days before the leave starts, when the birth is expected. If you can't give 30 days, tell your employer as soon as you can.

### Can both parents take FMLA at the same time?

Yes, if both qualify. But married spouses who work for the same employer can be limited to 12 weeks combined for bonding leave. That limit doesn't apply to unmarried partners.

### What are the benefits of paid paternity leave?

Research links it with fathers being more involved in their child's care for years, better recovery and mental health for mothers, longer breastfeeding and lower depression in dads. The AAP supports at least 12 weeks of paid leave for both parents of a newborn.

### Which states have paid paternity leave?

The Department of Labor says 13 states and Washington, DC have paid family and medical leave laws, including California, New York, New Jersey, Washington, Massachusetts, Connecticut, Colorado, Oregon, Rhode Island, Delaware, Maine and Minnesota. Maryland's benefits start in 2028. Dads can use them for bonding leave the same as moms.

### How long do most dads take for paternity leave?

Not long. A 2025 study in Georgia found 64% of employed fathers took less than 2 weeks or no leave, and Pew found a median of one week in 2017. Much of the research on benefits points to 2 weeks or more.

### Do I have to take paternity leave all at once?

Under FMLA, bonding leave is taken all at once unless your employer agrees to let you split it or work a reduced schedule. Some state programs allow intermittent leave; check your state's rules.

## Sources

- [Fact Sheet #28: The Family and Medical Leave Act](https://www.dol.gov/agencies/whd/fact-sheets/28-fmla), [Fact Sheet #28Q: Taking Leave from Work for Birth, Placement, and Bonding with a Child](https://www.dol.gov/agencies/whd/fact-sheets/28q-taking-leave-for-birth-placement-child) and [How to Talk to Your Employer About Taking Time Off](https://www.dol.gov/agencies/whd/fmla/how-to-talk-to-your-employer-about-leave), U.S. Department of Labor
- [29 CFR 825.110](https://www.ecfr.gov/current/title-29/section-825.110), [825.120](https://www.ecfr.gov/current/title-29/section-825.120) and [825.302](https://www.ecfr.gov/current/title-29/section-825.302), Electronic Code of Federal Regulations
- [Paid Leave](https://www.dol.gov/agencies/wb/featured-paid-leave), Women's Bureau, U.S. Department of Labor; [Paternity Leave: Why Parental Leave for Fathers Is So Important for Working Families](https://web.archive.org/web/20190619075358/https://www.dol.gov/asp/policy-development/PaternityBrief.pdf), U.S. Department of Labor policy brief (archived)
- State programs: [CT Paid Leave: starting or expanding your family](https://www.ctpaidleave.org/how-ct-paid-leave-works/qualifying-reasons/i-m-starting-or-expanding-my-family), [before you apply](https://www.ctpaidleave.org/claims/before-you-apply) and [how it works](https://www.ctpaidleave.org/how-ct-paid-leave-works); [Colorado FAMLI](https://famli.colorado.gov/) and its [FAQs](https://famli.colorado.gov/individuals-and-families/individuals-and-families-faqs); Minnesota Statutes [268B.04](https://www.revisor.mn.gov/statutes/cite/268B.04) and [268B.09](https://www.revisor.mn.gov/statutes/cite/268B.09); [Rhode Island Temporary Caregiver Insurance](https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance)
- [Paid family and medical leave](https://www.healthychildren.org/English/family-life/work-and-child-care/Pages/paid-family-and-medical-leave-caring-for-a-new-baby-or-sick-family-member.aspx), American Academy of Pediatrics (HealthyChildren.org), and [AAP policy statement news release (2024)](https://www.aap.org/en/news-room/news-releases/aap/2024/american-academy-of-pediatrics-urges-adoption-of-universal-paid-family-and-medical-leave-policy/); [A Partner's Guide to Pregnancy](https://www.acog.org/womens-health/faqs/a-partners-guide-to-pregnancy), ACOG
- Studies: Petts RJ, Knoester C, [J Marriage Fam, 2018](https://pubmed.ncbi.nlm.nih.gov/30197452/); Petts RJ, Knoester C, Waldfogel J, [Sex Roles, 2020](https://pubmed.ncbi.nlm.nih.gov/32076360/); Persson P, Rossin-Slater M, [Am Econ J Appl Econ, 2024](https://pubmed.ncbi.nlm.nih.gov/41019476/); Parker et al., [Fathers' work leave and infant breastfeeding in Georgia, BMC Public Health, 2025](https://pubmed.ncbi.nlm.nih.gov/39994605/); Flacking R et al., [Scand J Public Health, 2010](https://pubmed.ncbi.nlm.nih.gov/20147577/); Barry KM et al., [Paternity leave uptake and parental post-partum depression, Lancet Public Health, 2023](https://pubmed.ncbi.nlm.nih.gov/36603906/); Garfield CF et al., [Am J Public Health](https://pubmed.ncbi.nlm.nih.gov/42314083/); Bartel AP et al., [J Policy Anal Manage, 2018](https://pubmed.ncbi.nlm.nih.gov/29320808/) and [Annu Rev Public Health, 2023](https://pubmed.ncbi.nlm.nih.gov/36332659/); Simon C et al., [Pediatrics, 2025](https://pubmed.ncbi.nlm.nih.gov/40490873/)
- [Americans widely support paid family and medical leave](https://www.pewresearch.org/social-trends/2017/03/23/americans-widely-support-paid-family-and-medical-leave-but-differ-over-specific-policies/), Pew Research Center (2017)
- [Paid Family Leave](https://edd.ca.gov/en/disability/paid-family-leave/) and [Calculating Benefit Payment Amounts](https://edd.ca.gov/en/disability/Calculating_PFL_Benefit_Payment_Amounts/), California EDD
- [Paid Family Leave Updates for 2026](https://paidfamilyleave.ny.gov/2026), New York State
- [Family Leave Insurance](https://www.nj.gov/labor/myleavebenefits/worker/fli/), New Jersey Department of Labor
- [Find out how paid leave works](https://paidleave.wa.gov/find-out-how-paid-leave-works/), Washington Paid Family and Medical Leave
- [PFML overview and benefits](https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits), Massachusetts
- [Delaware Paid Leave](https://labor.delaware.gov/delaware-paid-leave/), [Paid Leave Oregon](https://paidleave.oregon.gov/), [Maine Paid Family and Medical Leave](https://www.maine.gov/paidleave/), [DC Paid Family Leave](https://does.dc.gov/page/dc-paid-family-leave), [CT Paid Leave](https://www.ctpaidleave.org/) and [Maryland FAMLI](https://paidleave.maryland.gov/)
- [Paid Parental Leave fact sheet](https://www.opm.gov/policy-data-oversight/pay-leave/leave-administration/fact-sheets/paid-parental-leave/), U.S. Office of Personnel Management
- [Employee Benefits in the United States, March 2026](https://www.bls.gov/news.release/ebs2.nr0.htm), Bureau of Labor Statistics
- [How Your Fetus Grows During Pregnancy](https://www.acog.org/womens-health/faqs/how-your-fetus-grows-during-pregnancy), American College of Obstetricians and Gynecologists