How To Navigate Paternity Leave for Men in the Workplace

Do fathers get paid paternity leave? In some cases, yes. But the legal framework can be more complicated than you may think.

The conversation around parental leave is evolving, and paternity leave for men is now at the forefront of progressive workplace benefits. It’s not just a perk—it’s a critical component of gender equality, employee well-being and legal compliance.

Yet in today’s workplace, this critical benefit is often shrouded in legal ambiguity. While the federal Family and Medical Leave Act (FMLA) has provided a foundation with up to 12 weeks of unpaid, job-protected leave since 1993, its limitations leave many behind.¹ The laws surrounding paternity leave benefits vary from state to state, and only 32% of U.S. companies offer paid paternity leave as of 2023.²

This blog post will equip you with the critical framework to design, communicate and implement leave policies that not only meet legal standards, but also help drive meaningful organizational change.

Paternity leave offers men dedicated time to bond with their children and transition to fatherhood without sacrificing career stability. Maternity leave provides mothers with these opportunities in addition to allowing them to physically recover from childbirth. (Obviously, physical recovery would not apply in some cases, such as adoption.) Paternity leave is beneficial for fathers, mothers and children. Having a father or second caregiver at home to care for a child allows the partner who gave birth to recover more quickly. It has also been shown that offering parental leave can aid in lowering child mortality rates by as much as 5%.³

Companies typically define eligibility for paternity leave based on tenure, full-time status and even the size of the company. In practice, this benefit varies widely from one organization to another. Some companies offer fully paid, generous leave, while others only provide the bare minimum required by law.⁴

Fathers make up a significant portion of the workforce. In fact, 93.5% of men with children under 18 are active in the U.S. labor force.⁵ With that in mind, working fathers may be asking: Do fathers get paternity leave? Is paternity leave a federal law?

There is no federal law that mandates paid paternity leave in the U.S. The foundational legislation governing unpaid leave is FMLA. FMLA provides eligible employees with up to 12 weeks of unpaid leave for the birth of a child. However, FMLA applies to employers with 50 or more employees within 75 miles, and the employee must have worked at least 1,250 hours over the past 12 months (roughly 31 weeks at 40 hours/week).⁶

This leaves a significant portion of the workforce without any federal protection. While a growing number of states and localities have enacted their own paid family leave laws, access to U.S. paid paternity leave for many is at the discretion of their employer. To determine eligibility for paternity leave, paid or otherwise, employees have to navigate both company, federal and state-level rules.

Offering robust paid family leave for fathers is a strong signal of your company’s values. It communicates a commitment to true work-life integration, gender equity and the well-being of entire families—not just individual employees.

In highly competitive industries, a strong leave policy can be a powerful tool for attracting and retaining talent. But the benefits extend far beyond recruitment. Research shows that paid paternal leave improved productivity, performance and employee morale.⁷

The data is clear: When companies offer comprehensive paternity leave, it normalizes caregiving for all genders and helps to eradicate the “motherhood penalty” that often stalls women’s careers.⁸ Inclusive policies support all employees and advance broader gender equity goals within the organization.

When men get paternity leave, they should be empowered to use every day of it. Leadership can set a precedent by taking paternity leave themselves and sharing their experiences, showing employees that it’s not only accepted but also encouraged. Leading by example can help normalize leave for all employees. In fact, 72% of men say they would have taken a longer paternity leave if they had seen co-workers doing so.⁹

By tracking usage rates, normalizing usage of paternity leave and protecting employees’ legal rights, companies can foster an environment where parental leave for fathers is not just available, but also expected.

Successfully implementing paternity leave requires a proactive and educational approach. The first step is a comprehensive policy audit, ensuring your internal rules align with the evolving federal, state and local regulations. With a compliant framework in place, you can shift your focus to education.

Clarify the process for employees by creating clear, accessible resources that explain their rights and the differences between employer-provided benefits and state-run programs. Integrate this education directly into the onboarding process and train managers to handle requests without bias.

Master the legal intricacies of workplace policies like paternity leave with Tulane University Law School’s online MJ in Labor & Employment Law. This program equips professionals 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.

Ready to lead with legal expertise? Begin your journey today by learning more about our program and contacting the admissions team.