Current State of US Paternity Leave: What You Need to Know

In recent years, the conversation around parental leave has expanded to include paternity leave as a critical component of workplace benefits. While the United States has no federal mandate for paid paternity leave, many states have enacted their own laws. Employers should understand the current legal landscape and consider best practices for supporting new fathers in the workplace.

Paternity Leave Laws in the US

At the federal level, the Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave during a 12-month period for eligible employees in companies with 50 or more employees. This leave can be used for bonding with and caring for a newborn, adopted child, or foster child. However, because FMLA leave is unpaid, it often places a financial burden on new parents who may not be able to afford to take time off.

To address this gap, several states have implemented paid family leave programs. As of the date of this publication, the following states and the District of Columbia have enacted paid family leave laws.

California: Provides up to 8 weeks of paid family leave for employees with at least one year of work and at least 1,250 hours of work within the last year.
Colorado: Up to 12 weeks of paid leave for the birth of a child or the placement of a child with them for adoption or foster care for employees who earned $2,500 over the previous year for work performed in Colorado.
Connecticut: Up to 12 weeks of paid leave in two years for the birth or adoption of a child or placement of a foster child for employees of businesses with one or more employees working in Connecticut.
Delaware: Starting on January 1, 2026, up to 12 weeks to care for a child after birth, adoption, or foster care placement for employees who have been employed for at least one year and at least 1,250 hours with a single employer with a minimum of 10 employees.
District of Columbia: Up to 8 weeks to bond with a new child. Leave is available to any employee who has worked for their current employer for one year and at least 1,250 hours in the previous 12 months.
Illinois: Up to 40 hours of paid leave for any reason, including parental leave.
Maine: Starting in 2026, up to 12 weeks for the birth of a child or adoption of a child.
Maryland: Starting July 1, 2026, 12 weeks of paid leave for employees who work at least 680 hours for positions based in Maryland in the four quarters before their leave.
Massachusetts: Up to 26 weeks to bond with a child for employees who earn at least $6,300 during the last four completed calendar quarters before their leave or who earn at least 30 times the weekly benefit they’re eligible to collect.
New Jersey: Up to 12 weeks of partial wages (85% of average wage up to $1,081 per week in 2025) for any New Jersey employer who contributes to the state plan for family leave insurance or an approved private plan.
New York: Up to 12 weeks of paid leave per year for the birth of a child or the placement of an adopted or foster child for full-time employees after 26 consecutive weeks of employment or part-time employees after 175 days of employment.
Oregon: Up to 12 weeks of paid leave per year for the birth of a child or the placement of an adopted or foster child for Oregon employees who earned at least $1,000 in the year before their leave.
Rhode Island: Up to 6 weeks of paid leave for the birth, adoption, or fostering of a new child for employees who work in Rhode Island (even if they live out of state) as long as they pay into the state’s temporary caregiver insurance fund.
Vermont: Up to 6 weeks of paid leave for public employees, and private sector and non-state public employers can opt in. Self-employed individuals may opt in beginning July 1, 2025.
Washington: Up to 12 weeks of paid leave during any 12-month period for the birth of a child or the placement of an adopted or foster child for employees who worked 820 hours in Washington in the four quarters before their leave.

Key Parental Leave Considerations for Employers

Employers operating across multiple states should be aware of varying requirements and ensure compliance with all applicable laws.

Here are some key tips for employers.

Understand state laws: Employers should stay up to date with state-mandated paid leave laws and ensure that company policies align with legal requirements. It may be beneficial for multistate businesses to create a uniform paternity leave policy that meets or exceeds the most generous state mandates.
Consider offering paid paternity leave as a benefit: While federal law does not require paid leave, offering paid paternity leave can enhance recruitment and retention. Many companies now provide 2 to 12 weeks of paid paternity leave as part of their benefits package to stay competitive in the job market.
Promote gender-neutral parental leave policies: Ensure that parental leave policies are inclusive and apply to all parents, regardless of gender. Gender-neutral policies help reduce stigma and encourage fathers to take leave without fear of career repercussions.
Educate employees about their leave options: Many employees are unaware of their rights and available benefits. Employers should proactively communicate paternity leave policies, eligibility requirements, and state-specific programs.
Foster a supportive workplace culture: Encouraging male employees to take paternity leave can improve work-life balance and contribute to a more equitable workplace. Company leaders should actively support fathers taking leave, ensuring that doing so does not negatively impact career growth opportunities.
Explore voluntary paid leave models: For businesses in states without mandatory paid family leave programs, offering access to voluntary paid leave through private insurers can be an alternative that offers financial security and demonstrates the company’s commitment to work-life balance.

As you can see, the landscape of paternity leave in the United States is evolving, with states stepping in to provide paid family leave where federal law falls short. Stay tuned to our blog for the latest updates on these and other labor laws that affect your business.