How Long is Paternity Leave?

The global average for statutory paternity leave duration is only 1.98 weeks, while maternity leave averages around 16.3 weeks worldwide. Although you assume that parental leave in the US is on the higher end of these averages, many families end up using their vacation time to care for and bond with their newborns. But what are the stipulations surrounding parental leave, and when does FMLA apply? Additionally, when applicable, how long is parental leave? Here's more information to help you navigate and prepare for parental leave.

It is not recommended for organizations to have a separate paternity leave policy for fathers, and a maternity leave policy for women. If there is any difference in the terms and conditions for the leaves, that is discrimination. Instead, consider having a singular parental leave policy- a leave policy for any parent and a pregnancy leave policy for the birthing parent. This is also important for same sex couples, where there may not be a father involved. Having a separate paternity leave policy and a maternity policy would leave a new non-birthing mom with no leave option.

What is Parental Leave?

Parental leave is when a parent takes off work following the birth, adoption, or placement of a child. The goal is to allow parents to spend time bonding with their child, caring for a newborn and supporting their partner. Typically, parental leave lasts anywhere from two to 12 weeks, depending on eligibility and the employer's leave program. In comparison, leave for the birthing parent may be longer to address the physical recovery of childbirth. Despite the benefits of parental leave available to both parents, maternity leave has historically been more available and accepted by employers.

Benefits of Parental Leave

Parental leave is beneficial for fathers, as it promotes early bonding between father and child, which is critical for child development. Studies show that fathers who take leave are more likely to be involved in childcare long-term, positively impacting family dynamics. Moreover, parental leave allows fathers to support their partners during postpartum recovery, reducing stress and improving mental health of both parents. It can also create a more balanced division of labor at home, encouraging equal parenting roles.

How Many Men Actually Take Parental Leave?

Although more men are taking parental leave than in the past, there is still a significant gap between the number of men and women who take leave after the birth of a child. According to the New York Department of Labor, in New York state from 2016 to 2019, 66.5% of men took some form of leave following the birth of their first child, compared to 96% of women.

Even among those who qualify for leave, many men choose not to take the full amount, often citing concerns about workplace perceptions or financial constraints. In fact, many men return to work after just a few days or weeks despite being eligible for more time off. Unfortunately, the cultural stigma around men taking time off for caregiving remains a challenge for creating more equitable parental leave policies.

How Long is Parental Leave, and How Do Leave Policies Work?

Laws in the United States regulating parental leave vary depending on the company's size, time spent within a role, and the state where you live. In addition to federal and state requirements, some employers may offer additional paid parental leave as part of employee benefits, while others provide the mandated time. Some of the ways that different leave policies include the following:

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) provides certain workers with job-protected leave to help them balance childcare and increase bonding during the initial weeks. This can apply to birth parents, adoptive parents and individuals who take in children from foster care. FMLA also allows eligible workers to take time off to care for serious health conditions of their own or of a family member (including high-risk pregnancy). FMLA grants eligible employees 12 weeks of unpaid time off. When employees return to work, they must be restored to the same (or virtually identical) position as when they left.

FMLA only applies to companies with 50 or more employees who worked there for at least 12 months and 1,250 hours in the preceding year.

As of 2024, FMLA unpaid leave options apply to both mothers and fathers. Both parents can take time off to bond with their child at any time during the first 12-month period, beginning on the date of birth or adoption. FMLA leave can be taken at any time to care for a foster child after their placement.

Federal Employees Paid Leave Act (FEPLA)

The Federal Employee Paid Leave Act (FEPLA) grants federal employees up to 12 weeks of paid leave for a child's birth or placement (adoption or foster care). This leave law applies to any birth or child placement on or after October 1, 2020. FEPLA is a substitution for federal employees who qualify for FMLA to allow for paid family and medical leave when applicable. There are also strict procedures for requesting this paid time off, which must be followed and documented accordingly.First and foremost, you need to establish a well-defined parental leave policy. Make sure your employees understand their eligibility, how much time off they can take, whether it's paid or unpaid and how to apply for leave. Having this information easily accessible in an employee handbook or online portal streamlines the process.

States with Paid Parental Leave Programs

Both FMLA and FEPLA are federal leave policies that uphold specific eligibility criteria. However, a few states also have their own parental leave policies in place. Each state varies in the duration of leave, eligibility requirements and whether it's unpaid or paid time off. Currently, 13 states and the District of Columbia have mandatory state-paid family leave systems. These states include California, Connecticut, Massachusetts, New Jersey, New York, Rhode Island, Washington, Colorado, Delaware, Maine (beginning January 2026), Maryland, Minnesota (beginning January 2026), Oregon, and the District of Columbia.

New York state paid family leave uses a mandatory private insurance system, while paid family leave in California (and most other states) uses a social insurance system. Additional states have adopted voluntary paid family leave systems with varying parental leave benefits. You can learn more about these state-run leave provisions here.

Employer-Specific Leave Benefits

Employers who operate in a state without any paid family leave policy may also choose to provide their workforce with additional benefits following the birth or placement of a child. Additionally, there may be other statutory earned time off requirements such as paid sick leave that might also apply, depending on the employee’s location and the circumstances of the leave. Several companies also offer paid or unpaid parental leave beyond what law requires. However, each employer will have different specifications and eligibility criteria to qualify for these benefits. Moreover, some employers may offer no additional parental leave and instead rely entirely on FMLA.

As an employer, offering time off for parental responsibilities can be a competitive benefit to offer to help attract and retain top talent. As an employee, it's essential to consider your parental leave benefits before accepting a job offer or moving companies.

Tips for Employers: Preparing for Employees to Take Parental Leave

Supporting employees about to take parental leave is important for their well-being and beneficial for maintaining a positive workplace culture. Still, it's important to make a plan to help make the transition smooth and minimize disruptions to organizational efficiency. Some tips to help employers include the following:

1. Create Clear Parental Leave Policies

2. Communicate Early and Often

Encourage open communication between employees and management regarding parental leave. Employees should feel comfortable discussing their plans as far in advance as possible. After a team member announces their intention to take parental leave, set up regular check-ins to discuss workload adjustments, timelines and any concerns they might have. Suggest removing

3. Plan for Temporary Coverage

One of the biggest challenges during an employee's leave is making sure that their work continues to run smoothly. Consider cross-training team members so others can take on additional tasks or hire a temporary replacement if necessary. This helps manage the workload and prevents stress from building up on the rest of the team.

4. Be Flexible

Flexibility is key when planning for parental leave. Some employees may wish to stagger their leave or take it in intervals rather than all at once, particularly if they balance their partner’s maternity leave. Be open to discussing part-time schedules or remote work options that may suit both the employee and the company during this period.

5. Foster a Supportive Culture

Promote a company culture that values family and recognizes the importance of parental leave. Consider celebrating milestones such as returning from leave, making it clear that your organization prioritizes work-life balance.

6. Prepare for Their Return

An employee’s return to work can be just as important as the time they take off. Help ease the transition by setting up a plan that includes debriefs, manageable workloads and flexible arrangements in case the employee needs additional time to adjust. Show empathy and be ready to accommodate any new challenges they may face, such as childcare responsibilities.

To help you access an attractive benefits package with resources to help focus on offering a strong work-life balance, work with TriNet. Also, TriNet offers full-service HR solutions to SMBs across various industries including resources to help you navigate leave mandates.

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