During a birth, the father (or the second parent) is encouraged to be present with his baby and the young mother, thanks to paternity leave. Focus on a "holiday" which is not easy! Paternity leave is reserved for the biological father or the spouse of the biological mother if the spouse is recognized on the birth certificate. Parental leave can then extend your presence at home since it can be shared between the two parents. You can take it at the same time or one after the other.

But the main question is Does a father get paternity leave in US? At Nakase law firm you will get complete details according to the law. In the US nine states has paternity leave law Under the Family and Medical Leave Act (FMLA), new parents may have up to 12 weeks of unpaid leave. However, the FMLA applies to companies with fifty or more employees and the father-worker must be employed for a minimum of twelve months with 1250 hours worked.

What are the conditions for the duration of paternity leave?

The hospital leave is of a duration equal to the number of days of hospitalization of the newborn, non-dividable, within the limit of 30 days maximum. It can be taken in addition to the traditional paternity leave of 25 or 32 days. In this case, it must follow the mandatory period of paternity leave (lasting 4 days for employees, and 7 days for the self-employed).

  • At birth, the father benefits from 3 days' birth leave;
  • Then he benefits from the first period of traditional paternity leave (4 or 7 days depending on his status)
  • Then, he can request a period of leave for the duration of the hospitalization (within the limit of 30 days)
  • Finally, he can take the second period of traditional, non-compulsory and divisible paternity leave (lasting 21 or 28 days for employees; and 18 or 25 days for the self-employed). This period must be taken within a period of 6 months from the birth of the child, the starting point of which is then postponed to the date of discharge from hospitalization of the child.

Paternity leave benefits

In the cases in which men and non-pregnant parents have more days to spend with their children, it is possible to notice a triple positive impact, since their right to care is guaranteed, the right of women and pregnant people to work in conditions of greater equality before their male peers, and the right of boys and girls to be cared for by both parents. 

This, in turn, benefits society as a whole, because it makes it possible to reconcile productive and reproductive life, and helps equalize the opportunities of girls and boys from the moment of their birth.

At an organizational level, it improves the satisfaction of workers by being able to bond with their children without negatively impacting their careers, a situation that contributes to better job performance. Specifically in the case of women, maternity leave usually means a barrier in their work careers since it not only hinders their access to work but also the possibilities of progress.

How to guarantee right care for the new born?

In order to guarantee the right to care and to be cared for, it is essential that all social institutions of the State, employer organizations, families and the community –assume the responsibility of distributing time and resources in a more fair. In this sense, modifying the leave scheme is a step towards this goal, which must be accompanied by a deep cultural change that deconstructs gender roles and promotes co-responsibility in care. That is to say, that it promotes that men actively assume the care of their sons and daughters.