Maternity leave guidelines in the Family and Medical Leave Act (FMLA) give new parents up to 12 weeks of unpaid leave in many cases. Employers often provide different leave options for fathers, so if you are adopting, fostering, or welcoming a biological child, it helps to understand your paternity leave rights and options.
Do You Qualify for FMLA Paternity Leave
You may qualify for FMLA leave even if your employer does not offer a formal paternity leave policy. Generally, FMLA applies when these conditions are met:
- Work for the government, a school, or a private employer with 50 or more employees
- Worked more than 20 weeks in the current or previous calendar year
- Been employed at the same workplace for at least 12 months
- Worked at least 1,250 hours in the previous 12 months
- Work at a location within 75 miles of at least 50 employees of the company
Your Benefits During Paternity Leave
Federal rules generally require that you give your employer at least 30 days' notice when the need for leave is foreseeable. You may take the 12 weeks consecutively, spread the time over the year, or reduce your normal schedule with employer approval.
Under FMLA you typically are entitled to be restored to your same position or to an equivalent position with the same pay, benefits, seniority, and working conditions, subject to some exceptions discussed by Human Resources.
Health insurance coverage usually continues during FMLA leave, but you may be responsible for your share of premiums while you are out.
Paternity Leave if You're Self-employed
If you are self-employed you have more flexibility in choosing when to take time off, but plan how to cover responsibilities, client communications, and expenses while you are away.
Also consider reviewing business and liability coverage options that apply to your situation, including specialized storefront resources like Parent Cooperatives Insurance to understand potential gaps.
Planning Paternity Leave From College
If you are enrolled in college or a graduate program, speak with your faculty advisor or department head before leave begins. Confirm any effects on financial aid, course requirements, and deadlines, and arrange how you will make up assignments or exams.
What to do if Your Leave is Denied
If your employer denies a paternity leave request you believe is protected by law, you can file a complaint with the Wage and Hour Division of the U.S. Department of Labor or consult an attorney experienced in employment law to review your options.
If You Don't Qualify for FMLA Leave
If you work for a small company or part-time and do not meet FMLA eligibility, check state laws, union agreements, or employer policies that may offer leave. You can also arrange to use accrued vacation or sick time or plan for a longer unpaid absence.
As you prepare, review any personal coverage you may need while away, including vehicle or property protection if relevant, and consider resources such as Military Jeeps Insurance for specialty vehicle considerations.
Next steps
Discuss your company's specific paternity leave policy with your Human Resources department and create a plan for notice, paperwork, and coverage while you are away.
If you want to get a quick estimate of coverage options or discuss policy limits, talk to an agent.
Frequently Asked Questions
How long can a father take off under FMLA?
Eligible employees can take up to 12 weeks of unpaid leave for certain family and medical reasons, including bonding with a new child.
Do I keep my job while on paternity leave?
Under FMLA you generally must be restored to your same or an equivalent position with the same pay and benefits upon return.
Does paternity leave include health insurance?
Health insurance coverage typically continues during approved FMLA leave, though you may need to continue paying your portion of premiums.
What if I don't qualify for FMLA?
Look for state leave laws, employer policies, or union agreements that may provide options, or plan to use accrued paid leave if available.