Parental Leave in the U.S.: Laws, Benefits & Rights Guide

Navigating paternity leave in the United States can feel overwhelming for new and expecting parents, as well as HR professionals. With a complex web of federal laws, state regulations and company policies, understanding parental rights and options requires careful consideration of multiple factors.

In this post, you’ll learn about the evolution of parental leave from mother-only benefits to more equitable policies, how the Family Medical Leave Act (FMLA) provides federal protections, what state-level programs offer beyond federal requirements and how parents should be protected from discrimination when returning to work.

From Mother-Only to More Equal Parental Leave

Historically, leave after childbirth was not available to mothers and fathers on equal terms. Women often bore the exclusive burden of caring for newborns, frequently being asked to leave their jobs before giving birth, with no guarantee of return. When leave was provided, it typically came at the employer’s discretion and was reserved exclusively for mothers, based on the outdated assumption that fathers played no vital role in infant care and bonding.

Today, there are numerous accommodations for pregnancy in the workplace. In the U.S., employers typically provide benefits to pregnant employees that are not provided to non-pregnant employees. These benefits may include accommodating limitations or recovery. This asymmetrical application of pregnancy discrimination protections has not been regarded as violating sex discrimination protections, according to the Supreme Court’s jurisprudence in cases like California Federal Savings & Loan v. Guerra, 479 U.S. 272 (1987). The Supreme Court noted that Congress did not intend to limit special treatment in the Pregnancy Discrimination Act and that the act permitted employers and states to do more to protect pregnant workers. Effectively, the Pregnancy Discrimination Act functions as a “floor beneath which pregnancy benefits may not drop—not a ceiling above which they may not rise.”¹ Congress reaffirmed this commitment to providing added benefits to pregnant employees in the Pregnant Worker Fairness Act, which requires employers to accommodate the limitations of pregnancy in the workplace even when employees cannot perform essential job functions.

The availability of paid leave for new mothers and fathers, however, does not mirror pregnancy discrimination protections. Employers may consider offering sex-neutral leave. In some cases, employees who are not pregnant but who have obligations to care for infants have challenged pregnancy-related employer policies for paid maternity leave and other benefits. For example, a male associate at Jones Day brought a lawsuit against the firm for a paid parental leave policy that provided eight weeks of paid leave for mothers who have given birth, in addition to the ten weeks of sex-neutral paternity leave offered to new parents.² While there is no federal requirement for paid leave under the FMLA, employers should take care to ensure gender equality in access to voluntary paid leave schemes. Although the case was settled, its existence demonstrates that some employers may consider adopting more pregnancy-neutral parental benefits available to both men and women.

The Complex Landscape of U.S. Paternity Leave Laws

Paternity leave in the U.S. operates through a complex patchwork of federal law, state regulations and private company policies. Whether a new parent has access to paid or unpaid leave depends on how these interlocking systems apply to their specific situation.

Federal Protection: The Family and Medical Leave Act (FMLA)

The most significant federal framework governing paternity leave is the Family and Medical Leave Act of 1993 (FMLA).³ This law provides up to 12 weeks of unpaid leave for eligible employees to care for themselves or family members, including leave for:

• The birth of a newborn child
• Adoption of a child (within the first year)
• Caring for a child with a serious medical condition
• Situations where the employee is “in loco parentis” (acting in a parental role without being a legal guardian)

The FMLA also provides continuation of employer-sponsored health insurance during leave and job protection upon return.

However, FMLA coverage has significant limitations. To be eligible, employees must work for:

• Private employers with at least 50 employees within a 75-mile radius, OR
• Government agencies, public elementary schools or secondary schools (regardless of size)

Additionally, employees must have:

• 12 months of service with their employer
• At least 1,250 hours of service in the previous year

State-Level Solutions and Variations

Many employees work for small businesses not covered by federal law or cannot afford unpaid leave. Several alternatives exist:

Unpaid State Leave: Some states offer broader unpaid family leave protections. For example, Vermont covers businesses with 15 or more employees, expanding access beyond FMLA requirements.⁴

Paid Family Leave Programs: Thirteen states plus the District of Columbia provide paid leave through mandatory social insurance schemes: California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Rhode Island and Washington. New York provides paid leave through private insurance schemes.⁵

Optional Programs: States like New Hampshire offer voluntary paid family leave programs, providing participating workers with 60% of their income during qualifying events.⁶

Creative Solutions: Many employees patch together paid sick leave and vacation time to cover bonding periods with new children.

Workplace Discrimination and Returning Parents

New parents may face discrimination challenges when returning from paternity leave. While federal law doesn’t explicitly prohibit discrimination based on parental status, some protections exist:

‘Sex Plus’ Discrimination

Under Title VII, employers cannot discriminate based on the combination of sex and another characteristic (like being a parent). The 1971 Supreme Court case Phillips v. Martin Marietta Corporation established that employers cannot have policies favoring fathers with young children while discriminating against mothers in similar situations.

State-Level Protections 

Many states explicitly prohibit discrimination based on family status or parental status. New York’s Human Rights Law, for example, protects parents, those intending to become parents, and other caregivers in employment, housing, and public accommodations. These protections are gender-neutral, applying equally to mothers and fathers.

Moving Forward: Understanding Parental Rights

As family structures continue to evolve and workplace equality advances, understanding your paternity leave rights becomes increasingly important. Whether you’re planning for a new addition to your family or supporting employees in their parental journey, staying informed about the intersection of federal laws, state programs and company policies ensures that families get the support they need during these crucial bonding periods.

The landscape of paternity leave continues to expand, reflecting our growing understanding that both parents play vital roles in child-rearing and that supporting families ultimately benefits everyone—employees, employers and society as a whole.

Learn more about how to handle the intricacies of workplace policies like paternity leave with Tulane University Law School’s online MJ in Labor & Employment Law. Equip yourself with the legal knowledge to navigate complex statutes and build equitable, compliant workplaces. You’ll learn from practicing legal experts in a flexible online format, transforming legal theory into strategic action.

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