Paternity Leave 2026: FMLA Rights for Fathers & Non-Birthing Parents
Federal FMLA Bonding Leave
the same entitlement, and the same eligibility rules, as any parent bonding with a new child.
There's No Separate "Paternity Leave" Law
Federal law doesn't have a provision specifically labeled "paternity leave." Fathers and non-birthing parents (including adoptive and foster parents) use the exact same FMLA new-child provision as mothers use for bonding leave — the same 12-week entitlement, the same eligibility requirements (50+ employees, 12+ months employed, 1,250+ hours worked), and the same 12-month window to use it after the birth, adoption, or foster placement.
Paternity Leave vs. Maternity Leave
The difference isn't in the bonding entitlement itself — it's that a birth mother may separately qualify for pregnancy-recovery disability leave (covered by short-term disability insurance in some states) on top of bonding leave. Fathers and non-birthing parents only have the bonding-leave entitlement, since there's no physical recovery period to cover.
Getting Paid During Paternity Leave
FMLA is unpaid. But in states that run a Paid Family Leave program covering bonding leave, fathers and non-birthing parents qualify for the same wage-replacement benefit as mothers taking bonding leave — these programs don't distinguish by gender or by which parent gave birth.
| State | Program | Weeks | Wage Replacement |
|---|---|---|---|
| California | CA PFL | 8 | 90% |
| New York | NY PFL | 12 | 67% |
| New Jersey | NJ FLI | 12 | 85% |
| Washington | WA PFML | 12 | 90% |
| Colorado | FAMLI | 12 | 90% |
| Connecticut | CT PFL | 12 | 95% |
| Oregon | OR PL | 12 | 100% |
| Massachusetts | MA PFML | 12 | 80% |
| Delaware | DE PL | 12 | 80% |
| Maryland | MD FAMLI | 12 | 90% |
| Rhode Island | RI TCI | 8 | 60% |
| Minnesota | MN Paid Leave | 12 | 90% |
| Maine | ME PFML | 12 | 90% |
Can Paternity Leave Be Split Up?
Only with your employer's agreement. Bonding leave — for either parent — doesn't come with an automatic right to take it intermittently the way medical leave does.
Frequently Asked Questions
No federal law is labeled specifically 'paternity leave.' Fathers and non-birthing parents use the same FMLA provision that covers any parent bonding with a new child — birth, adoption, or foster placement — with identical eligibility rules and the same 12-week entitlement as a mother would get for bonding.
Up to 12 weeks under federal FMLA, the same as maternity bonding leave. This is separate from — and doesn't include — any pregnancy-recovery disability leave, which only applies to the person who gave birth.
FMLA itself is unpaid. In the 13 states whose Paid Family Leave programs cover bonding leave, fathers and non-birthing parents are eligible for the same wage-replacement benefit as mothers taking bonding leave — the program doesn't distinguish by gender for this purpose.
Only if your employer agrees. Unlike medical leave, bonding leave (for either parent) doesn't come with an automatic right to split it into separate blocks of time — your employer has to consent to an intermittent or reduced schedule.
FMLA bonding leave, for either parent, generally must be completed within 12 months of the child's birth, adoption, or foster placement.