Paternity Leave

Paternity Leave Options are Slim

Finding out your wife or partner is pregnant is a wonderful feeling. But trying to figure out exactly what time you will get to spend with your new family after your child arrives can leave you with more of a headache than you anticipated.

While many companies understand the desire to take time off for family, your ability to do so may depend on your actual job function, the number of employees, season, and other outside factors. To best find out what kind of package your company offers, speak with human resources as soon as possible.

The type of paternity leave men end up taking is usually an assortment of the following:

• Accrued vacation time
• Sick leave
• Unpaid (or paid) leave offered by the company
• Unpaid leave under the Family and Medical Leave Act (FMLA)
• State or local governmentally mandated programs

Company Policies

Companies have different policies regarding paternity leave. To find out your options, read the employee handbook and speak with human resources. Most companies will allow dads to take their vacation time at the time of birth. Some companies are flexible, allowing that leave to start when the woman goes into labor. Others require a more fixed set of dates.

The type of work you do may make a difference as well. For example, accountants who want to take time off at the end of March may only get to take two weeks off, plus more vacation in the summer or during a slow period.

Employers that do not offer a separate paternity leave program will often let fathers take time off using their paid vacation and sick time. If more time is needed, some have an unpaid leave policy.

To best plan for an extended paternity leave, speak with your supervisor and human resources department to figure out what kind of leave works best for you. Knowing the kind of leave you will get can help you plan for your eventual time off.

Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) is a federal government program designed to give families time off to deal with family situations. Paternity leave is covered under this program. It is up to 12 weeks of unpaid leave while keeping health insurance coverage intact during the time of leave.

Parents who choose to take time off using the FMLA are guaranteed to get their original job back or a similar one with equal pay, benefits, and status. It is illegal for employers to discriminate against employees who choose to take this time off.

You must qualify for the FMLA to take advantage of the leave. A person who wants to take FMLA leave must:

• Have worked for local/state/federal government or a company that employs 50 or more persons within a 75 mile radius
• Have worked at least 1,250 hours in the past year
• Have worked for the company at least 12 months
• Have given at least a 30-day notice of taking FMLA leave

A few restrictions do apply for those who qualify. If you are in the top 10 percent of wage earners or your leave would cost serious economic hardship to the company, the business is not required to hold your position. Couples who work for the same employer are only allowed to take 12 weeks between the two of them.

Your state and local government may have more provisions than the federal government. Check with your state’s department of labor to find out if there are more options for your area.