What is Paternity Leave?

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By Rebekah Burton
eHow Contributing Writer

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Paternity leave is similar to maternity leave in that it allows for biological, adoptive and foster fathers to take leave from work upon the arrival of their child. Paternity leave regulations vary greatly depending on the country, state and employer of the father. In the United States, the Family and Medical Leave Act of 1993 (FMLA) makes provisions for unpaid leave.

Eligibility

Federal, state, and local government employees are covered under FMLA. In the private sector, most companies with more than 50 employees are also eligible for leave.

Employees must have worked a minimum of 1,250 hours in a 12 month period to be eligible.

Duration of Leave

Up to 12 weeks of unpaid leave may be taken during a 12-month period. Leave may be consecutive or nonconsecutive. At the employer's discretion, one way to arrange for a longer period of consecutive unpaid leave would be to take the last 12 weeks of the first year, and the first 12 weeks of the second year.

Employee Notice

A father must give 30 days' notice with regard to the birth, adoption or fostering of a child, unless there are unforeseen circumstances.

Return to Work

Employers may require fathers to check in and give status updates of their expected return. The employer should allow the father to return to a position that is relatively equivalent in duties, pay and benefits.

Additional Considerations

State laws and individual employers may allow for additional paternity leave benefits such as paid leave or extended leave. Check with your human resources department and state government for more information.