How to Apply for Paternity Leave

New fathers increasingly seek paternity leave so they can take time off to be with their new children. While federal law guarantees unpaid leave for most parents, a few states and private companies now offer paid leave for fathers who want to take on a more active role in the lives of their children. Even if your company doesn't offer paternity leave specifically, you may be able to work with your boss to find a combination of leave and flexible work options that suits all involved and allows you to spend time at home with your family's new addition.

Method 1

Method 1 of 3:

Getting Private Employer Benefits

1
Read your employee handbook. See if your company policies include the option of taking paternity leave. Keep in mind that if your employer offers any kind of maternity leave for new mothers, it is required by law to offer comparable paternity leave for new fathers.^{[1]XResearch source}
- Employers must offer “parental” leave, not “maternity” or “paternity” leave. Benefits that are only available for use by one gender can give rise to discrimination lawsuits.^{[2]XResearch source}
- Generally, if employers make medical leave available to other employees they must have some similar benefit available for pregnancies.^{[3]XResearch source}
- Some private employers are offering paid parental leave to mothers and fathers. For example, Google provides eight weeks of paid leave, while Facebook provides 17 weeks paid.^{[4]XResearch source}
If you work in a unionized workplace, then you will have a collective bargaining agreement that governs your employment. Oftentimes collective bargaining agreements have certain family leave provisions which encompass paternity-related leave.
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3
Craft your own plan. Use your available sick, vacation, and other leave to create your own block of time off. Federal law requires employers to allow employees to use any accrued personal leave or vacation time as parental leave, as long as they follow any other requirements of the employer's employee benefits policy.^{[5]XResearch source}
- If you plan on using any accrued leave, you must follow the notice requirements of your employer's policy.^{[6]XResearch source}
- For example, suppose you have 80 hours of accrued vacation time you want to use. Your employer requires at least one week notice to use any accrued vacation time, but requires an additional five weeks' notice if you plan to use more than 40 hours. In this scenario, you would have to give your employer six weeks' notice if you wanted to use all 80 hours you'd accrued.
- Using available time you've accrued in conjunction with unpaid FMLA leave allows you to continue to have some income while you take time off to spend with your new child.
4
Discuss other options with your employer. It may be possible to combine all the various paid and unpaid leave available with a flextime arrangement that allows you to spend maximum time with your new baby while also ensuring your employer isn't too inconvenienced by your extended absence.
- Maintaining a presence at work also keeps you in good standing for possible promotions or advancement later on.
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Method 2

Method 2 of 3:

Getting State Benefits

Several states offer job-protected unpaid leave programs that are similar to the federal Family Medical Leave Act (FMLA). The state programs may be identical to the FMLA but will provide coverage to individuals who are otherwise ineligible for the FMLA because of the federal law's requirements about employer size.^{[7]XResearch source}
2
Find out if your state offers paid leave. Some states also offer paid leave for new parents.^{[8]XResearch source} At present, only three states do: California, New Jersey, and Rhode Island. Washington passed a bill but has never implemented it.^{[9]XTrustworthy SourceNational Conference of State LegislaturesBipartisan, nongovernment organization serving the members of state legislatures and their constituentsGo to source}
- California became the first state to offer paid leave to both parents, when a 2002 state law provided up to six weeks paid leave. New Jersey offers six weeks as well, and Rhode Island provides four weeks.^{[10]XResearch source}
3
Calculate how to use any available state benefits. In some states you can use the state benefits in addition to federal or employer benefits, but in others paid state time replaces FMLA unpaid time.
- In New Jersey, for example, paid leave runs concurrently with any FMLA time. Because the state offers up to six weeks of paid leave, you would be left with a maximum of six weeks of FMLA leave if you chose to take all six weeks of paid leave.^{[11]XTrustworthy SourceNational Conference of State LegislaturesBipartisan, nongovernment organization serving the members of state legislatures and their constituentsGo to source}
4
Notify your boss. Check the applicable law in your state to determine if any particular notice is required. Regardless, try to let your employer and coworkers know early so they have ample time to figure out how to cover for your absence.
- It is always a good idea to notify your boss in writing. Keep a copy of the note or letter that you send.
5
File a claim, if seeking paid benefits. In states that offer paid benefits, you must submit a claim with the agency responsible for administering the benefits.
- In California, you will file a claim by contacting the Employment Development Department. You can file a claim online or by downloading the form from the department website.
- In New Jersey, you should contact the Division of Temporary Disability Insurance. You may get an application by calling (609) 292-7060.
- In Rhode Island, you can apply for Temporary Caregiver Insurance by calling (401) 462-8420 or by downloading this form.
6
Assist with adjustments for your absence. Make sure you prepare all necessary information for your coworkers before you start your time off.
- Inform clients or customers of your absence and, if necessary, provide them a way to get in touch with you in case of emergency.
- Offer to help your boss select and train employees to take your place or absorb your duties while you're away.
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Method 3

Method 3 of 3:

Taking Federal Unpaid Leave

1
Find out if your employer offers the benefits. The Family Medical Leave Act (FMLA) requires employers to provide 12 weeks of unpaid leave to new mothers and fathers.^{[12]XResearch source28 U.S.C. § 2611}
- The law applies to government agencies and private companies that employ at least 50 people within a 75-mile radius.^{[13]XResearch source}
2
Confirm you are personally eligible. Even if your employer is covered under the federal law, not all employees qualify. To qualify:
- You must have worked for your employer for at least 12 months. This 12 months doesn't need to be consecutive, but your employer doesn't have to count any time you weren't working towards your 12 months.^{[14]XResearch source} For example, suppose you worked for Joe's Bubblegum Factory for three months, then took a break for four months. After that time you returned for six months, then asked for parental leave. You've only worked for Joe for nine months, so you aren't eligible for FMLA.
- During the 12 months prior to the start of your leave, you need to have worked at least 1,250 hours or about 25 hours a week.^{[15]XResearch source}
- New parents can use FMLA leave at any time within a year of their child's arrival.^{[16]XResearch source}
- FMLA leave is available not only for a birth, but also for an adoption or for the placement of a foster child.^{[17]XResearch source}
3
Give your boss as much advance notice as possible. The FMLA requires you to provide at least 30 days' notice.^{[18]XTrustworthy SourceUS Department of LaborFederal department responsible for promoting the wellbeing of workersGo to source} However, it's in your best interest to inform your supervisors and coworkers as soon as possible, especially if you plan an extended absence.^{[19]XResearch source}
- Within five days, your employer must inform you whether you are eligible.^{[20]XTrustworthy SourceUS Department of LaborFederal department responsible for promoting the wellbeing of workersGo to source}
- Your employer also must provide you with information about your FMLA rights and responsibilities. Your employer may also request a medical certification.
- If certification is requested, then you have 15 calendar days to provide it. If asked for medical certification, then your health-care provider is responsible for providing complete and sufficient information about the underlying reason you need to take FMLA leave.^{[21]XTrustworthy SourceUS Department of LaborFederal department responsible for promoting the wellbeing of workersGo to source} In this situation, you will need proof of the birth or child placement.
4
Make plans to cover for your absence. It is customary to leave your coworkers with as much information as they will need to stay on top of your job while you are away. Complete as much as you can before you take your leave. Also provide detailed information for those who will be taking over your work.
- If necessary, inform clients of your leave and introduce them to the people who will be handling their account in your absence.
- Consider making yourself available over the phone or via email on a limited basis during your leave, especially for any emergencies.
5
Offer to work part-time or flex-time. Because FMLA leave is unpaid, it might cause you too much financial strain to take it all at once. However, with your employer's permission, you can use the time intermittently.
- You may work out something with your employer where you work half days, or only work three or four days a week. These options give you more time to spend with your new baby.^{[22]XResearch source}
- Other flexible options include coming in later, working a few additional hours in the evening, or working from home.
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Tips

Consider asking your boss for paternity leave early on in your partner's pregnancy, even if you're not sure you'll take any or all of it. This gives your boss maximum time to plan and allows greater flexibility later on.
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If you're affiliated with a labor union, talk to your union representative about whether you qualify for leave under union plans and policies.
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Don't burn all of your time at once. Babies often require frequent absences for illnesses and other doctor's appointments.
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Warnings

If you and your partner work for the same employer, you may be restricted to a total of 12 weeks of leave between the two of you.^{[23]XResearch source}
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