Paternity Leave Rules in the USA
Last updated 12 November 2026 · Paternity Leave Calculator editorial team
The United States has no national paid paternity leave. Instead, fathers rely on a mix of the federal Family and Medical Leave Act (FMLA), state programmes and employer benefits.
The FMLA
The FMLA lets eligible employees take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for the birth of a child and to bond with the newborn, within one year of the birth.
To be eligible you generally must work for a covered employer, have worked there for at least 12 months, have at least 1,250 hours of service in the previous 12 months, and work at a location where the employer has 50 or more employees within 75 miles.
State paid family leave
A growing number of states run paid family leave insurance programmes, including California, New York, New Jersey and Washington. Benefit amounts and durations differ by state, so check your state's official programme website.
Employer policies
Many employers offer paid parental leave voluntarily. This is often the biggest factor in how much paid time a US father receives.
Work out your own dates
Use our free calculator to estimate your leave start, end and return date.
Open the calculatorThis guide summarises official sources for general information and is not legal advice. Rules change — confirm your entitlement with your employer or the relevant authority.