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Paternity leave in the US: everything you need to know

Written by The PurelyHR Team | Jul 10, 2025 3:26:02 PM

Paternity leave in the United States is a bit like an endangered species—much-discussed, but hard to find on the ground. Unlike many other countries—such as Canada—which guarantee paid time off for new dads, the US has no federal mandate, leaving policies up to states and individual employers. This means navigating paternity leave can feel like assembling IKEA furniture without instructions—possible, but unnecessarily complicated.  

So, what are the options for working dads (and their employers) when a new baby arrives? Let’s break it down. 

 

How does paternity leave work? 

When it comes to paternity leave in the US, eligibility depends on where you work and who you work for—because, fun fact, there’s no federal guarantee of paid leave. The Family and Medical Leave Act (FMLA) offers up to 12 weeks of unpaid leave for new parents, but only if they work for a company with 50+ employees, have been there at least a year, and logged 1250 hours in the past 12 months. When it comes to small businesses, state laws or company policies determine the rules. 

To actually qualify for leave benefits (as in, paid time off), fathers usually need to rely on state programs, employer perks, or short-term disability insurance. A handful of states—including California, New York, and New Jersey—offer paid family leave, while some companies have stepped up with their own policies (because, let’s be honest, offering dads time to bond with their babies is good for everyone involved). 

 

 

State-by-state paternity/parental leave information 

Navigating paternity leave in the US can feel like assembling a very complex puzzle.  

Here's a selected state-by-state breakdown to help you start piecing it together: 

  • California: Offers up to eight weeks of paid family leave for bonding with a new child (birth, adoption, or foster). Benefits typically cover 60 to 70% of employees' weekly salary, up to a maximum amount.  
  • Connecticut: Enacted a paid family leave policy in 2022 allowing up to 12 weeks of parental leave per year for qualifying events, with a possible additional 2 weeks if there are pregnancy-related complications. 
  • Hawaii: Designates childbirth as a temporary disability, thus guaranteeing mothers paid maternity leave through Disability Insurance (TDI) provisions.  
  • Illinois: State employees only are eligible for up to 10 weeks (50 workdays) of paid parental leave following the birth or adoption of a child. This leave must be taken in week-long increments and begins immediately upon the child’s arrival.  
  • Maryland: Established an obligatory paid family leave program funded with the pooled payroll taxes of employees and employers alike.  


  • Massachusetts: Offers a paid family leave program—once again funded through the payroll tax contributions of employees and/or employers.  
  • New Jersey: Provides up to 12 weeks of paid family leave for bonding with a new child (birth, adoption, or foster). The plan offers 85% of a worker’s average weekly wage (AWW), with a maximum benefit equivalent to 70% of the statewide AWW.  
  • New York: Offers up to 12 weeks of paid family leave for bonding with a new child (birth, adoption, or foster). The benefit covers 67% of your average weekly wage (AWW).  
  • Oregon: Protects 12 weeks of unpaid leave for parents following a birth. Since 2023, a reformed law promises paid leave following births, with the possibility of an additional 12 weeks of paid leave if there is a complication to the mother or child's health. This applies to employers with 25 or more employees under the Oregon Family Leave Act (OFLA).  
  • Rhode Island: Enacted a law offering six weeks of paid family leave for bonding with a new child (birth, adoption, or foster). The weekly maximum benefit amount is $795.  

As may be evident, California and New York offer two of the most robust paternity leave programs in the US, both providing paid family leave (PFL) for bonding with a new child. In California, eligible workers can take up to eight weeks of partially paid leave through the state’s PFL program, which is funded by employee payroll contributions. New York’s PFL allows for up to 12 weeks of partially paid leave, with wage replacement based on a percentage of the worker’s earnings, subject to a statewide cap. Importantly, both states’ programs run in addition to the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of job-protected but unpaid leave for eligible employees—meaning that in these states, new parents may have some income while on leave, unlike in many other parts of the country. 

For other states not listed here, many of which don't have paid family leave programs, paternity leave options are mostly limited to FMLA protections (unpaid leave) or employer-provided benefits.  

Here’s a quick summary of what that means: 

  • Most states: No state-mandated paid leave; employees must rely on FMLA (if eligible), vacation days, sick leave, or employer policies. 
  • Texas, Florida, and many Southern states: No paid leave laws; paternity leave depends entirely on company policies. 

 

Costs and benefits for employers 

Paternity leave can be a short-term expense for companies, especially if they offer paid leave or need to cover workloads with temporary hires. But in the long run, it can be a very smart financial investment.  

Offering paternity leave improves employee retention, reducing costly turnover and recruitment expenses. It also boosts morale, productivity, and loyalty, leading to a more engaged workforce. Plus, companies that provide strong parental leave policies are more attractive to top talent, giving them a competitive edge in hiring.  

In short, while there’s an upfront cost, the long-term benefits—happier employees, lower turnover, and a stronger reputation—often outweigh it. 

 

Indirect benefits: impact on employee recruitment and retention 

Businesses that offer generous paternity leave don’t just support new fathers—they also stand out as forward-thinking, employee-friendly workplaces. In a competitive job market, strong parental leave policies signal that a company values work-life balance and employee well-being, which can enhance brand reputation, attract top talent, and even boost customer perception. Companies that go beyond the bare minimum set themselves apart as golden standard employers, especially in industries where benefits matter just as much as salary. 

For employees, paternity leave can be a make-or-break factor when choosing between job offers. Many workers—especially Millennials and Gen Z—prioritize family-friendly benefits over higher pay alone, viewing parental leave as a sign of an inclusive, supportive company culture. Businesses that recognize this shift and offer competitive leave policies are more likely to attract and retain skilled, loyal employees who feel valued beyond their productivity.  

Never forget that your people are your greatest asset by far.