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FMLA paternity leave for dads: who qualifies, and your dates

FMLA gives eligible dads up to 12 workweeks of unpaid, job-protected leave to bond with a new baby, and fathers have the same right as mothers. [U.S. Department of Labor · U.S. Department of Labor] You qualify after 12 months with a covered employer and 1,250 hours of work, at a site with at least 50 employees within 75 miles. [U.S. Department of Labor] Give 30 days' notice when you can plan the leave, and take it within 12 months of the birth. [U.S. Department of Labor]

The short version
  • Who: 12 months with a covered employer, at least 1,250 hours of service, and at least 50 employees within 75 miles. Covered private employers have 50 or more employees in 20 or more workweeks in the current or previous calendar year. [U.S. Department of Labor]
  • What: up to 12 workweeks of job-protected, unpaid leave in a 12-month period. Your group health coverage continues while you are on leave. [U.S. Department of Labor]
  • Notice: at least 30 days ahead when the leave is foreseeable, otherwise as soon as practicable. [U.S. Department of Labor]
  • When: bonding leave must be used in the 12 months starting on the date of birth. Splitting it up (intermittent or a reduced schedule) needs your employer's agreement. [U.S. Department of Labor]
  • Same employer: married spouses who work for the same employer share a combined 12 weeks for bonding. That limit does not apply to unmarried partners. [U.S. Department of Labor]
  • After the birth: you have at least 30 days from the birth to add the baby to an employer health plan, and most parents apply for the baby's Social Security number at the hospital. [U.S. Department of Labor (EBSA) · Social Security Administration]

▸Your dates: FMLA and new baby calculator

No login. Nothing is saved or sent.

Enter the due date. Add the date your leave starts if it is not the birth, and the birth date once the baby is here.

The FMLA notice date counts 30 days back from your leave start. Without a leave start date it assumes leave starts at the birth, and without a birth date it assumes the baby arrives on the due date.

▸Adding the baby to your health insurance

Under HIPAA special enrollment, an employer group health plan must give you at least 30 days from the birth to request enrollment for the baby. Check your own plan, and file inside 30 days. [U.S. Department of Labor (EBSA)]

▸The baby's Social Security number

Most parents apply at the hospital, when they give details for the birth certificate. The state agency that issues birth certificates passes the details to SSA, which mails the card. [Social Security Administration · Social Security Administration] States take between 1 and 6 weeks (2 weeks on average), plus about 2 weeks for mailing, and waiting to apply later can cause delays. [Social Security Administration]

▸State paid family leave

FMLA is unpaid. The Department of Labor says 13 states and the District of Columbia have laws that create paid family and medical leave programs. [U.S. Department of Labor (Women's Bureau)] The table lists the programs confirmed on each state's own official site on 2026-10-17. Rhode Island, Minnesota and Connecticut are not listed because their programs could not be confirmed on an official state government page that day, so check your state labor department.

Program (official site)What the official site says
California Paid Family LeaveCalifornia Paid Family Leave (EDD) pays benefits for up to 8 weeks in a 12-month period to bond with a new child. Benefits are being paid now.
New Jersey Family Leave InsuranceNew Jersey Family Leave Insurance pays up to 12 weeks of benefits before your child's first birthday when taken as one continuous leave. For separate periods of bonding leave, give your employer 15 days' notice before each one. Benefits are being paid now.
New York Paid Family LeaveNew York Paid Family Leave gives up to 12 weeks of job-protected, paid time off to bond with a new child. The 2026 maximum weekly benefit is $1,228.53. Benefits are being paid now.
Washington Paid Family and Medical LeaveWashington Paid Family and Medical Leave gives up to 12 weeks of paid family leave, including to bond with a new child. Benefits are being paid now.
Massachusetts PFMLMassachusetts PFML gives up to 12 weeks of paid family leave to bond with a child during the first 12 months after birth. The maximum weekly benefit is $1,230 in 2026 and $1,284 in 2027. Benefits are being paid now.
Paid Leave OregonPaid Leave Oregon gives up to 12 weeks of paid leave in a 52-week period. Bonding leave must be taken in the first year after the birth. Benefits are being paid now.
Colorado FAMLIColorado FAMLI gives up to 12 weeks of paid leave a year, including to bond with a new child. Parents of an infant in neonatal intensive care may get up to 12 more weeks. Benefits are being paid now.
DC Paid Family LeaveDC Paid Family Leave gives up to 12 weeks to bond with a new child. From October 1, 2026, the maximum weekly benefit is $1,100. Benefits are being paid now.
Delaware Paid LeaveDelaware Paid Leave went into full effect on January 1, 2026. It covers up to 12 weeks a year to care for a new child.
Maine Paid Family and Medical LeaveMaine PFML gives up to 12 weeks of paid leave in a benefit year, including parental leave. Benefits are paid for time off on or after May 1, 2026.
Maryland FAMLI (not yet paying)Maryland FAMLI is not paying benefits yet. Starting January 1, 2028, eligible employees will be able to take up to 12 weeks of paid, job-protected leave.
Send to him

Send him his FMLA deadline

You know the due date. He is the one who has to give notice. This sends him the eligibility rules and the calculator.

▸Common questions

Can dads take FMLA for the birth of a baby?

Yes. The Department of Labor says mothers and fathers have the same right to take FMLA leave for the birth of a child and to bond with the baby, as long as they are eligible.

Is FMLA paternity leave paid?

No. FMLA is job-protected, unpaid leave. Some states run paid family leave programs; the table on this page lists the ones confirmed on official state sites.

How much notice do I need to give for FMLA paternity leave?

At least 30 days when the leave is foreseeable. Because you know the due date, plan on giving notice 30 days before your leave starts. If the timing changes unexpectedly, tell your employer as soon as practicable.

How long do I have to add my baby to my health insurance?

Under HIPAA special enrollment, an employer group health plan must give you at least 30 days from the birth to request enrollment. Check your own plan, and do not wait past 30 days.

General information, not legal advice

This explains the official rules in plain words for dads in the US. It is not legal or financial advice. Check your own situation with your employer or HR, and with the official pages linked below.

Enter your due date in DAD-OS for the full timeline.

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▸Sources

Every rule on this page was checked against these official pages.

In the UK? Paternity leave UK 2026 → · Pages for partners →