In the USA, paternity leave is mostly unpaid by law: the federal FMLA gives eligible dads up to 12 workweeks of job-protected, unpaid leave to bond with a new child. Paid paternity leave only comes from your employer's own policy or from a state paid family leave program, and the Labor Department lists 13 states plus Washington, DC with one.
So the honest answer to "do dads get paternity leave in America?" is: probably some time off, maybe some pay, and it depends almost entirely on where you work and which state you live in. There's no national paternity payment like the UK or Canada have.
Here's what the federal law gives you, which states add pay on top, and how to work out your own position before the baby arrives.
The federal baseline: FMLA bonding leave
The Department of Labor says FMLA gives eligible employees up to 12 workweeks of leave in a 12-month period for the birth of a child and to care for the newborn within one year of birth. The same applies to adoption and foster placement. It's job-protected and your group health cover continues, but it's unpaid.
You're only eligible if you tick all three of these boxes:
- you've worked for a covered employer for at least 12 months
- you've got at least 1,250 hours of service in the 12 months before leave starts
- you work at a location where the employer has at least 50 employees within 75 miles
That third test is where many dads fall out. Work for a small business, or a branch office far from the rest of the company, and FMLA may not cover you at all. The DOL also notes that bonding leave can only be taken in pieces, rather than one block, if your employer agrees. I've covered the whole law in my plain-English FMLA guide.
Which states pay dads to bond
The Labor Department's Women's Bureau says there's currently no federal law providing or guaranteeing paid family and medical leave for private sector workers. Its March 2024 history of paid leave lists 13 states and the District of Columbia with paid family and medical leave laws:
| State or district | Year the program was enacted (DOL list) |
|---|---|
| California | 2002 |
| New Jersey | 2008 |
| Rhode Island | 2013 |
| New York | 2016 |
| District of Columbia | 2017 |
| Washington | 2017 |
| Colorado | 2020 |
| Maryland | 2022 |
| Delaware | 2022 |
| Minnesota | 2023 |
| Maine | 2023 |
| Massachusetts and Connecticut | Also on the DOL list of 13 states |
| Oregon | Also on the DOL list of 13 states |
The detail people miss is that "enacted" doesn't mean "paying". The same DOL brief said Maryland, Delaware, Minnesota and Maine would only begin providing benefits in 2026, so check your state agency for the date benefits start before you count on them. The DOL page also notes New Hampshire, Vermont and Virginia offer voluntary programs to buy private leave insurance, which isn't the same as a guaranteed benefit.
California as the worked example
California's program is the oldest. As of October 2026, EDD says Paid Family Leave pays eligible workers, fathers included, for up to 8 weeks in a 12-month period, with a weekly benefit between $50 and $1,765. California's rules also carry the key point that PFL pays you but doesn't by itself protect your job.
How to work out what you'll get
- Read your employer's handbook for any paid parental or paternity policy. That's often the biggest source of pay.
- Check the three FMLA tests above to see if your job is protected for 12 weeks.
- Look up whether your state is on the DOL list, and whether its program is paying benefits yet.
- Ask HR how the pieces run together, for example whether paid company leave counts towards your FMLA weeks.
- Put dates in writing early. Most programs and employers want advance notice.
Common mistakes dads make
- Assuming company paternity pay and FMLA are the same thing. One is pay, the other is job protection, and you may have one without the other.
- Waiting until the birth to ask HR. Most employers and state programs want notice, and some state claims have filing windows.
- Forgetting that FMLA covers adoption and foster placement too, not only a birth.
- Not checking the 50-employees-within-75-miles test when you work at a small branch.
A tax credit employers often don't know about
The Women's Bureau also points to a federal tax credit for employers who provide paid family and medical leave to qualifying employees. It was created by the 2017 Tax Cuts and Jobs Act and the DOL says it became permanent in 2025. If you run a small business and want to offer paternity pay, that's worth raising with your accountant.
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My verdict
If you're a dad in the US, don't assume you've got nothing, and don't assume you've got pay. You've probably got some protected time under FMLA, and you might have state pay if you live in one of the listed states. The employer's own policy usually decides how comfortable that time is. If you're an employer, offering even a few paid weeks is one of the cheapest ways I know to keep good people, and the tax credit softens it. For a personal decision about your leave or your rights, the Department of Labor's Wage and Hour Division is the body to ask.
Comparing countries? My guide to paternity leave in the UK shows a very different setup, with a statutory payment for eligible dads.
Frequently asked questions
Is paternity leave paid in the USA?
Not by federal law. FMLA leave is unpaid. Pay comes from your employer's policy or from a state paid family leave program, and the Labor Department lists 13 states plus DC with one.
How long is paternity leave in the US?
Under FMLA, eligible employees can take up to 12 workweeks of unpaid, job-protected leave in a 12-month period to bond with a new child within a year of birth.
Who qualifies for FMLA paternity leave?
You need 12 months with a covered employer, at least 1,250 hours worked in the 12 months before leave, and to work where the employer has at least 50 employees within 75 miles.
Which states have paid paternity leave?
The Labor Department's 2024 list includes California, New Jersey, Rhode Island, New York, Washington, Massachusetts, Connecticut, Oregon, Colorado, Maryland, Delaware, Minnesota and Maine, plus DC. Some newer programs only start paying in 2026.
Can I take paternity leave in pieces?
Under FMLA, bonding leave can only be taken intermittently, rather than in one block, if your employer agrees.
