Maternity leave guidelines in the Family and Medical Leave Act (FMLA) give new moms 12 weeks of unpaid leave. Most companies don’t offer the same benefits to dads, though. They usually have to take sick or vacation days to welcome a new child into their family. If you’re a dad who’s adopting or fostering a child or having a biological baby, learn about your paternity leave options.
Do You Qualify for FMLA Paternity Leave
Even if your company does not specifically offer paternity leave, you qualify for FMLA leave if you:
- Work for the government, a school or a company with 50 or more employees
- Worked more than 20 weeks in the current or former calendar year
- Worked in one place for 12 months
- Worked at least 1,250 hours in the previous year
- Live less than 75 miles from work
Your Benefits During Paternity Leave
Federal law requires you to give your employer at least 30-days notice when you want to take your leave. You may then take a bulk 12 weeks off, spread the time out over the year or reduce your normal work schedule as long as your employer approves.
According to the FMLA, you also retain your current position or a similar one with the same salary, seniority, benefits and working conditions. There are exceptions you’ll need to discuss with your Human Resources department.
You also keep your health insurance. However, you may need to reimburse the company for the premium they would normally take out of your paycheck.
Paternity Leave if You’re Self-employed
When you work for yourself, you have greater freedom in when you take off. However, carefully consider how you’ll cover duties, communicate with clients and cover expenses while you’re away.
Planning Paternity Leave From College
If you’re enrolled in college or taking a graduate program, talk to your faculty advisor or department head. Discuss details about any financial aid you may receive, and decide how you’ll make up assignments or complete your work load during your leave.
What to do if Your Leave is Denied
If your employer denies your paternity leave request, file a complaint with the Labor Department’s Wage and Hour Division regional office. You may also hire an attorney to pursue your employee rights.
If You Don’t Qualify for FMLA Leave
Maybe you work for a small company or only part-time. Find out if your state or labor union offers any type of leave benefit. You can also accrue extra vacation hours before your child arrives or arrange for an extended time off.
In most cases, dads can take paternity leave, but know your options first. Discuss your company’s specific paternity leave policy with your Human Resources department as you prepare to spend time with your new child.
