How to Understand Your Paternity Leave Rights

The Family and Medical Leave Act gives you the right to up to 12 unpaid weeks of paternity leave, if your company is large enough.

Instructions

Difficulty: Moderately Easy

1. Understand that the Family and Medical Leave Act of 1993 guarantees a new parent up to 12 weeks of unpaid leave if the company has more than 50 employees at least 20 weeks of the year, and if the employee seeking the leave has been there at least one year.
2. Know that you can also use some of your leave during the mother's pregnancy, if she needs you to care for her due to the seriousness of her condition.
3. Realize that your employer must keep your job, or one that is equivalent (in duties, pay, etc.) open for your return.
4. Recognize that your employer must continue your health insurance without charge while you are gone. If you do not return to work, then you will have to reimburse your employer for the expense.
5. Give notice to your employer at least 30 days before you plan to take the time off. If an emergency develops, such as preterm labor, give notice as soon as you can.
6. Understand that your employer can require you to use up your paid leave first.
7. Take your 12 weeks in any blocks of time you would like. For example, you could decide to take six straight weeks and then every Tuesday and Thursday until you use up your weeks.
8. Look for a notice posted in your place of employment about your rights. This notice must be posted or your employer is subject to fines.
9. Talk to your employer if you work for a company with fewer than 50 employees. Find out what the paternity leave policy is. You will probably be able to get some time off, but there is no requirement.

Tips & Warnings

• You can also take paternity leave under the Family and Medical Leave Act if you adopt a child.
• Many companies offer six weeks of paid paternity leave regardless of whether they are covered by the act.