The Mom Site · themomsite.com/leave/paternity-leave/
On this page13 sections
- Key takeaways
- How long is paternity leave in the US?
- FMLA paternity leave: 12 weeks, unpaid, job-protected
- Which states pay paternity leave?
- Paternity leave in California
- Federal employees and the military
- Employer-paid paternity leave
- How to stack and stagger leave with your partner
- How to tell your employer
- If your state doesn't pay for leave
- Paternity leave planning checklist
- Questions people ask
- Sources
Key takeaways
- No federal law requires private employers to pay for paternity leave. FMLA gives eligible fathers and partners up to 12 weeks of unpaid, job-protected leave to bond, used within 12 months of the birth.
- A Labor Department survey found that 56% of U.S. employees qualify for FMLA. You need 12 months with your employer, 1,250 hours in the past year, and 50 or more employees within 75 miles.
- As of October 2026, 12 states and DC pay bonding leave to any eligible parent: 8 weeks in California and Rhode Island and 12 everywhere else, with 2026 weekly caps from $900 in Delaware to $1,765 in California.
- Federal civilian employees get up to 12 weeks of paid parental leave, and service members get up to 12 weeks of parental leave on top of their regular leave.
- In March 2026, 49% of private-industry workers had access to paid family and medical leave, according to the Bureau of Labor Statistics.
Paternity leave in the US comes down to three things: whether you qualify for FMLA, which state you work in, and what your employer offers. No federal law requires a private employer to pay you while you're out [4].
This guide is for dads and other parents who didn't give birth. It covers how long you can take, who pays for which weeks, and how to plan your time around your partner's. If you're the one giving birth, our maternity leave guide covers recovery time and short-term disability.
How long is paternity leave in the US?
Most dads put leave together from one or more of these:
| Source | How long | Paid? | Who gets it |
|---|---|---|---|
| FMLA (federal) | Up to 12 weeks, used within 12 months of the birth | No | Workers with 12 months and 1,250 hours at an employer with 50+ employees within 75 miles [1][2] |
| State paid leave | 8 to 12 weeks to bond | Yes, part of your wages | Workers in 12 states and DC (see the table below) [11] |
| Federal paid parental leave | Up to 12 weeks | Yes | Federal civilian employees with 12 months of service [6] |
| Military parental leave | Up to 12 weeks | Yes | Service members on active duty and some reserve members [7] |
| Employer parental leave | Set by your employer | Yes, at a rate your employer sets | Depends on your employer |
| Paid time off | Whatever you've saved up | Yes, full pay | Depends on your employer |
So the honest answer to "how long is paternity leave" is this: 12 weeks of job protection if you qualify for FMLA, plus as much paid time as your state, your employer and your own savings add up to.
FMLA paternity leave: 12 weeks, unpaid, job-protected
Fathers have the same right as mothers to take FMLA leave for a birth and to bond with a newborn [1]. If you qualify, you get up to 12 workweeks in a 12-month period, your group health coverage continues, and you come back to the same or an equivalent job [1].
Who qualifies. All three of these have to be true [2]:
- You've worked for the employer for at least 12 months.
- You've worked at least 1,250 hours in the 12 months before your leave starts, which averages out to about 24 hours a week.
- Your employer has at least 50 employees within 75 miles of your worksite.
That leaves plenty of dads out. A Labor Department survey found that 56% of U.S. employees are eligible for FMLA. About 21% miss out only because they haven't worked long enough or enough hours, and 15% only because their worksite is too small [3].
The 12-month clock. Bonding leave has to be used during the 12 months that start on your baby's birth date [1]. Weeks you haven't used by the first birthday are gone.
Leave around the birth. You can also use FMLA when your spouse can't work because of pregnancy, and to care for a spouse who is recovering from childbirth [1]. All of it counts toward the same 12 weeks in a 12-month period [54].
Married parents at the same employer. If you and your spouse work for the same employer, the two of you can be limited to 12 weeks combined for bonding. That limit doesn't apply to unmarried partners [1].
Notice. When leave is foreseeable, as it is with a due date, tell your employer at least 30 days ahead. If you can't, give notice as soon as practicable [1].
Pay. FMLA leave itself is unpaid. You can choose to use vacation or other paid leave you've earned at the same time, and your employer can require it [5].
Which states pay paternity leave?
State programs pay bonding leave to any eligible parent, so dads claim the same benefit as moms. Here's where things stand in October 2026 [11]:
- 12 states and DC pay benefits now: California, Colorado, Connecticut, Delaware, Maine, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington and the District of Columbia.
- 2 states have passed laws but don't pay yet. Maryland plans to start paying in January 2028 [47], and Virginia on December 1, 2028 [48]. Both will offer up to 12 weeks.
- 2 states run optional plans. New Hampshire and Vermont pay only if your employer buys the state plan or you enroll yourself well ahead of time [49][50].
- 8 states let insurers sell family leave policies to employers: Alabama, Arkansas, Florida, Kentucky, Louisiana, South Carolina, Tennessee and Texas. You're covered only if your employer buys one [51][52].
- 26 states have no program. Hawaii's disability insurance pays the birth parent during recovery, but there's no paid leave to bond [53].
Paternity leave by state: the 13 programs paying now
| State | Paid weeks to bond | Share of pay | Top weekly benefit (2026) | Is your job protected? |
|---|---|---|---|---|
| California | 8 | About 70% to 90% | $1,765 | Not by the program. CFRA covers you at employers with 5+ employees after a year and 1,250 hours [12][13][15] |
| Colorado | 12 | Up to 90% | $1,448.02 | Yes, after 180 days with your employer [17][18] |
| Connecticut | 12 | Up to 95% | $1,016.40 | Not by the program. State FMLA covers you after 3 months with your employer [19][20][21] |
| Delaware | 12 | 80% | $900 | Yes, if you qualify: 12 months and 1,250 hours at an employer with 10+ employees [22][23] |
| District of Columbia | 12 | Up to 90% | $1,100 | Not by the program. DC's unpaid leave law covers employers with 20+ employees [24][25][26][55] |
| Maine | 12 | Up to 90% | $1,249.12 | Yes, after 120 days with your employer [27][28] |
| Massachusetts | 12 | Up to 80% | $1,230.39 | Yes [29] |
| Minnesota | 12 | Up to 90% | $1,423 | Yes, for bonding leave, no matter how long you've worked there [31][32][33] |
| New Jersey | 12 | 85% | $1,119 | Yes, since July 17, 2026 [34][35] |
| New York | 12 | 67% | $1,228.53 | Yes [36][37] |
| Oregon | 12 | Up to 100% | $1,692.16 | Yes, after 90 days with your employer [40][41][42] |
| Rhode Island | 8 | About 60% | $1,150 | Yes [43][44] |
| Washington | 12 | Up to 90% | $1,647 | Yes, after 180 days at an employer with 25+ employees in the state [45] |
The weekly figure is a cap, not what everyone gets. Your benefit is a share of your own wages, as the "share of pay" column shows. Where a state pays "up to" a percentage, lower earners get the higher rate on the first part of their wages. Click a state for who qualifies and how to apply.
What the fine print means for dads:
- A shared pool doesn't shrink your bonding time. In Colorado, Connecticut, Delaware, Maine and Oregon, a birth parent's pregnancy and recovery leave comes out of the same 12 weeks as bonding [17][19][22][27][40]. You didn't give birth, so all 12 can go to bonding. Minnesota says outright that a parent who didn't give birth can take up to 12 weeks of bonding leave [31], and Oregon's extra 2 pregnancy weeks go only to the parent who gave birth [40].
- Massachusetts makes you wait a week. The 7-day waiting period is waived only when bonding follows medical leave for pregnancy or recovery from childbirth [30], so a dad's claim usually starts with unpaid days.
- Delaware wants time on the job. You qualify only after 12 months and 1,250 hours with your current employer. Employers with 10 to 24 employees have to offer parental leave but not the program's other types of leave, and parents who work for the same employer can be limited to 12 weeks combined [23].
- DC kept its 12 weeks. Cuts that took effect October 1, 2026 shortened other types of leave, but parental leave stayed at 12 weeks. The weekly cap dropped to $1,100 [24][25].
- New Jersey lets you split it. You can take Family Leave Insurance as 12 weeks in a row, or as up to 56 individual days before your child's first birthday [34].
- Caps change. Washington's maximum rises to $1,727 for claims filed on or after January 1, 2027 [46], and Massachusetts's rises to $1,284.61 for benefit years that start in 2027 [29]. If your baby is due around New Year's, check which year's cap applies to you.
Paternity leave in California
California dads use the same Paid Family Leave program as moms. Here's how it works for a parent who didn't give birth:
- How much. Paid Family Leave pays up to 8 weeks in a 12-month period [12], at about 70% to 90% of your wages [13]. The weekly benefit runs from $50 to $1,765 in 2026 [12].
- Who qualifies. You need to have earned at least $300 and paid into State Disability Insurance in the last 18 months [12]. That's the "CASDI" line on most paystubs [13].
- When. Bonding benefits have to be used within 12 months of the birth [14]. You can split your time, so it doesn't have to be one block [13].
- How to file. New fathers file their own bonding claim with proof of the relationship, such as the birth certificate or a Declaration of Paternity. File no earlier than the first day of your leave and no later than 41 days after it starts [14]. A same-sex parent who didn't give birth selects "Other" as their relationship to the child [14].
- Vacation first? Not anymore. Since January 1, 2025, employers can't require you to use up to two weeks of vacation before your Paid Family Leave benefits start [16].
Job protection is separate. Paid Family Leave pays benefits but doesn't protect your job [12]. That comes from the California Family Rights Act (CFRA): up to 12 weeks of bonding leave within a year of the birth, if your employer has 5 or more employees and you've worked there more than a year and at least 1,250 hours in the past year [15]. Both parents are entitled to CFRA leave even if they work for the same employer, which is more generous than federal FMLA [1][15]. Your employer has to keep paying for your group health benefits if it normally does [15].
You can take CFRA bonding leave in blocks of at least 2 weeks, plus shorter stretches on two occasions [15]. So if you qualify for CFRA, you can take 12 weeks off with your job protected, 8 of them paid by Paid Family Leave. The other 4 are unpaid unless you use vacation or your employer pays.
Federal employees and the military
Federal civilian employees. You can get up to 12 weeks of paid parental leave for each birth, used within the 12 months after it [6]. You need 12 months of qualifying federal service and FMLA eligibility under title 5; temporary appointments and intermittent schedules don't qualify [6]. Each parent who is a federal employee has their own 12 weeks [6]. Before you use it, you sign an agreement to work 12 weeks afterward, and if you don't, you may have to pay back health insurance contributions your agency made [6]. Using the leave in pieces needs your agency's agreement [6].
Service members. Federal law gives members on active duty, and some reserve members, up to 12 weeks of parental leave after a birth, on top of their other leave [7]. It's generally used within a year of the birth and can be taken in more than one stretch [7]. The Air Force, for example, allows stretches of at least 7 days, up to 12 of them, with your commander's approval, and in a dual-military couple each parent gets 12 weeks that can't be transferred [8]. A December 2025 change to the law lets members use the leave within two years in some cases, such as a deployment of 90 days or more [7][9]. The Air Force says that change will take effect soon, so check with your unit [9].
Employer-paid paternity leave
Paid leave from your job is the other big source. In March 2026, 49% of private-industry workers and 57% of state and local government workers had access to paid family and medical leave, according to the Bureau of Labor Statistics [10].
Access doesn't tell you how many weeks a policy pays or whether it covers a parent who didn't give birth. Before your due date, ask HR:
- Does the parental leave policy cover non-birth parents, and for how many weeks?
- Is it full pay or partial pay, and does it run at the same time as FMLA or state leave?
- Does it top up state benefits, or replace them?
- Do you have to take it in one block, and by when?
- Do you need to have worked there for a minimum time first?
How to stack and stagger leave with your partner
When two parents both have leave, the order matters as much as the amount. A few rules of thumb:
- Overlap at the start, then tag-team. A simple plan: take the first week or two together, then the second parent saves the rest for when the birth parent goes back to work. Your baby gets more total weeks at home with a parent.
- Know when splitting needs permission. Under FMLA, taking bonding leave in separate pieces needs your employer's agreement [1]. One continuous block that starts later in the year doesn't, as long as it ends within 12 months of the birth [1].
- Watch the 12-month deadline. FMLA, California and New York all require bonding leave to be used within the baby's first year [1][14][38].
- Check the same-employer rules. FMLA can cap married parents at the same employer at 12 weeks combined [1], and Delaware has a similar rule [23]. In New York, parents at the same employer can take leave at the same time unless the employer objects [38].
Example: two parents in New York
Say you and your partner work for different employers in New York and both qualify for Paid Family Leave. Your partner has a vaginal birth and gets disability benefits for 6 weeks afterward [39], then takes 12 weeks of Paid Family Leave. You take 2 weeks of Paid Family Leave when the baby arrives and save the other 10 for when your partner goes back to work.
| Weeks after birth | Birth parent | You | Who's home |
|---|---|---|---|
| 1 to 2 | Disability benefits | Paid Family Leave | Both of you |
| 3 to 6 | Disability benefits | At work | Birth parent |
| 7 to 18 | Paid Family Leave | At work | Birth parent |
| 19 to 28 | At work | Paid Family Leave | You |
That's 28 weeks with a parent at home, instead of 18 if you'd both taken leave at the start. New York pays 67% of your average weekly wage, up to $1,228.53 a week in 2026 [36][37], and Paid Family Leave is job-protected [36]. Your partner's disability benefits pay 50% of wages but top out at $170 a week, and disability leave plus Paid Family Leave can't top 26 weeks in a 52-week period [39].
New York lets you take Paid Family Leave in full days, all at once or spread out. If more than three months pass between your days of leave, the next stretch counts as a new claim, so in this example you'd file again for weeks 19 to 28 [38].
How to tell your employer
- Give notice early. FMLA asks for 30 days' notice when you can see leave coming [1]. Several states ask for the same: New York wants 30 days for foreseeable leave [38], and Oregon can cut your first payment by 25% if you skip the required written notice [40].
- Put it in writing. Include your due date, the dates or blocks you plan to take, and which programs you're using: FMLA, your state program, your employer's policy, or a mix.
- Ask what runs together. Your employer may require you to use paid time off during unpaid FMLA leave [5]. Ask whether its parental leave policy runs at the same time as your FMLA weeks or after them.
- Plan for a moving date. Your baby may not arrive on the due date, so ask how to update your start date once the baby is born.
If you think your employer has wrongly denied leave or punished you for taking it, contact the U.S. Department of Labor's Wage and Hour Division or your state labor agency.
If your state doesn't pay for leave
In the 26 states with no program, and in the states where insurers sell optional coverage, your paid time comes from your employer or your own savings. Here's what to check:
- FMLA. If you qualify, your job is protected for 12 weeks even though the time is unpaid [1][2].
- Your employer's parental leave policy, using the questions above.
- Paid time off. Count your vacation and sick days, and ask whether your employer will require you to use them during FMLA [5].
- Optional coverage. In the 8 insurance-market states, ask whether your employer bought a family leave policy [51][52]. In New Hampshire and Vermont, ask whether your employer bought the state plan. New Hampshire's individual plan has a 7-month waiting period after you enroll, so you'd need to sign up long before the due date [49].
- Your state's own rules. Each state page on our paid family leave hub lists what we found for that state, including unpaid leave laws and leave for state employees.
If your partner is giving birth, their leave works differently: they may have short-term disability or a state disability program for recovery. Our guides to maternity leave and short-term disability for pregnancy cover their side.
Paternity leave planning checklist
- Check FMLA eligibility with HR: 12 months, 1,250 hours, and 50 employees within 75 miles.
- Look up your state in the table above or on our paid family leave page, and note the deadline to file.
- Get your employer's parental leave policy in writing.
- Map out the weeks with your partner, like the New York example, and work out how many unpaid weeks you can afford.
- Give notice at least 30 days before your leave starts, when you can [1].
- File your state claim on time. In California, that's within 41 days of the first day of leave [14].
- Handle the baby's paperwork. Our after-the-birth checklist covers adding your baby to your health insurance and the other deadlines.
This guide is general information about leave laws, not legal advice. Rules change often, so check your state program's website before you plan around a number.
Questions people ask
How long is paternity leave in the US?
There's no set length. FMLA gives eligible dads up to 12 weeks of unpaid, job-protected leave. Paid time depends on where you work: state programs pay 8 to 12 weeks, federal employees and service members get 12 weeks, and private employers set their own policies.
Is paternity leave paid in the US?
Not by federal law. You get paid if you work in one of the 12 states or DC with a paid leave program, if you're a federal employee or in the military, if your employer offers paid parental leave, or if you use your own vacation and sick time.
How long is paternity leave in California?
Up to 8 weeks of Paid Family Leave, at about 70% to 90% of your wages and up to $1,765 a week in 2026, used within 12 months of the birth. Job protection comes from the California Family Rights Act: up to 12 weeks if your employer has 5 or more employees and you've worked there a year and 1,250 hours.
Can dads take FMLA leave?
Yes. Fathers have the same right as mothers to FMLA leave for a birth and to bond. Bonding leave has to be used within 12 months of the birth, and married parents who work for the same employer can be limited to 12 weeks combined.
Can I take paternity leave in pieces?
Under FMLA, only if your employer agrees. State programs vary: California lets you split your 8 weeks, New York allows leave in full days, and New Jersey allows up to 56 individual days.
Can both parents take leave at the same time?
Yes. Each eligible parent gets their own FMLA leave and files their own state claim. The catch is the same employer: under FMLA, spouses who work for the same employer can be limited to 12 weeks combined for bonding.
Sources
Numbers in brackets in the guide link to these sources.
- 1.Fact Sheet #28Q: Taking Leave from Work for Birth, Placement, and Bonding with a Child under the FMLA (March 2025)U.S. Department of Labor, Wage and Hour Division, 2025
- 2.29 CFR 825.110 Eligible employeeElectronic Code of Federal Regulations (National Archives), 2026
- 3.Employee and Worksite Perspectives of the FMLA: Who Is Eligible? (2018 surveys)U.S. Department of Labor, Chief Evaluation Office (Abt Associates), 2020
- 4.Vacation LeaveU.S. Department of Labor, 2026
- 5.29 CFR 825.207 Substitution of paid leaveLegal Information Institute, Cornell Law School, 2026
- 6.Fact Sheet: Paid Parental LeaveU.S. Office of Personnel Management, 2026
- 7.10 U.S. Code § 701, Entitlement and accumulation (parental leave, as amended by Pub. L. 119-60)Legal Information Institute, Cornell Law School, 2026
- 8.Military Parental Leave Program (MPLP)Department of the Air Force (My Air Force Benefits), 2026
- 9.Changes to Military Parental Leave Program, NDAA 2026Department of the Air Force (My Air Force Benefits), 2026
- 10.Employee Benefits in the United States, March 2026 (USDL-26-1534)U.S. Bureau of Labor Statistics, 2026
- 11.State Paid Family & Medical Leave Insurance Laws (chart, April 2026)National Partnership for Women & Families, 2026
- 12.Paid Family LeaveCalifornia Employment Development Department (EDD), 2026
- 13.Five Things to Know About Paid Family Leave (DE 8519, Rev. 5)California Employment Development Department (EDD), 2025
- 14.Paid Family Leave Claim ProcessCalifornia Employment Development Department (EDD), 2026
- 15.Leave for Pregnancy Disability and Child Bonding: Quick Reference GuideCalifornia Civil Rights Department, 2026
- 16.California Eliminates Employers' Ability to Require Vacation Use Before Receipt of State Paid Family Leave Benefits (Littler)SHRM, 2024
- 17.Individuals and Families FAQs | FAMLIColorado Department of Labor and Employment, FAMLI Division, 2026
- 18.Job Protection and Retaliation | FAMLIColorado Department of Labor and Employment, FAMLI Division, 2026
- 19.I am Starting or Expanding my FamilyConnecticut Paid Leave Authority, 2026
- 20.Before You Apply (benefit calculation)Connecticut Paid Leave Authority, 2026
- 21.CT Paid Leave and FMLAConnecticut Paid Leave Authority, 2026
- 22.Employee Information and Resources - Delaware Paid LeaveDelaware Department of Labor, Division of Paid Leave, 2026
- 23.Del. Code tit. 19, ch. 37 - Family and Medical Leave Insurance ProgramDelaware General Assembly, 2026
- 24.Parental LeaveDC Department of Employment Services, Office of Paid Family Leave, 2026
- 25.2026 Program Changes: What You Need to KnowDC Department of Employment Services, Office of Paid Family Leave, 2026
- 26.Frequently Asked Questions (incl. Program Changes FAQs)DC Department of Employment Services, Office of Paid Family Leave, 2026
- 27.MDOL: PFML For Workers and their Families pageMaine Department of Labor, 2026
- 28.State Average Weekly Wage Notice (effective July 1, 2026)Maine Workers' Compensation Board, 2026
- 29.Paid Family and Medical Leave (PFML) overview and benefitsMassachusetts Department of Family and Medical Leave (DFML), 2026
- 30.Types of Paid Family and Medical LeaveMassachusetts Department of Family and Medical Leave (DFML), 2026
- 31.Paid Leave for giving birth | Minnesota Paid LeaveMinnesota Department of Employment and Economic Development (Minnesota Paid Leave), 2026
- 32.Estimate your payments | Minnesota Paid LeaveMinnesota Department of Employment and Economic Development (Minnesota Paid Leave), 2026
- 33.How Paid Leave works | Minnesota Paid LeaveMinnesota Department of Employment and Economic Development (Minnesota Paid Leave), 2026
- 34.Family Leave InsuranceNew Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance, 2026
- 35.NJ Expands Job-Protected Leave for Workers (effective July 17, 2026)New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance, 2026
- 36.New York State Paid Family LeaveNew York State (paidfamilyleave.ny.gov), 2026
- 37.New York Paid Family Leave Updates for 2026New York State Paid Family Leave, 2026
- 38.Bonding Leave for the Birth of a ChildNew York State Paid Family Leave, 2026
- 39.Introduction to the Disability Benefits Law (employee disability benefits)New York State Workers' Compensation Board, 2026
- 40.Applying for family leave - Paid Leave OregonOregon Employment Department (Paid Leave Oregon), 2026
- 41.Minimum and Maximum Weekly Benefit Amounts to Increase for New Unemployment Insurance and Paid Leave Oregon Claims (May 29, 2026)Oregon Employment Department, 2026
- 42.Employees and Paid Leave OregonOregon Employment Department (Paid Leave Oregon), 2026
- 43.R.I. Gen. Laws § 28-41-35 (Temporary caregiver benefits; versions effective until and from January 1, 2026)State of Rhode Island General Assembly, 2026
- 44.2026 UI and TDI Quick Reference (effective July 1, 2026)Rhode Island Department of Labor and Training, 2026
- 45.Find out how Paid Leave worksWashington Employment Security Department, Paid Family and Medical Leave, 2026
- 46.New average annual wage estimates adjust unemployment insurance and paid leave benefits (June 10, 2026)Washington State Employment Security Department, 2026
- 47.Paid family and medical leave is coming to Maryland | Maryland FAMLIMaryland Department of Labor (Maryland FAMLI), 2026
- 48.Virginia Paid Family and Medical LeaveVirginia Employment Commission, 2026
- 49.New Hampshire Paid Family and Medical Leave (NH PFML)MetLife (state's NH PFML insurance partner), 2026
- 50.State of Vermont Individuals: VT FMLI Individual Purchasing ProgramThe Hartford, 2026
- 51.Texas Insurance Code Chapter 1255. Group Family Leave InsuranceTexas Legislature, 2026
- 52.Florida Statutes § 627.445 Paid family leave insuranceFlorida Legislature, 2026
- 53.About Temporary Disability InsuranceHawaii Department of Labor and Industrial Relations, Disability Compensation Division, 2026
- 54.29 CFR 825.200 Amount of leaveElectronic Code of Federal Regulations (National Archives), 2026
- 55.D.C. Code § 32-516 Applicability (DC FMLA employer size)Council of the District of Columbia (D.C. Law Library), 2026





