There are no federal laws in the United states that mandate or regulate paternity leave, states BLR. New fathers seeking to take paternity leave commonly depended on rights for leave granted by the Family and Medical Leave Act and variant expansions of this federal law at the state level. U.S. employees also use personal and vacation days to put together a paternity leave period.
The FMLA is not an ideal replacement for federally mandated paternity leave laws, according to BLR.. Although employees are allowed to take 12 weeks off for the care of a newly born or adopted child, the leave is unpaid and may not be taken if the time allotted by the act has already been taken. There are certain prerequisites to qualify for the benefits granted by the FMLA and for companies to have to provide them, including the number of total hours worked and the number of employees a company has. If both spouses work for the same company, their leave permission under the act remains at 12 weeks because they are considered one family.
Some states expand on some of the benefits granted by the FMLA, say BLR. Such expansions even include partial wage for the leave. No state mandates full pay for paternity leave.