Is paternity leave covered under FMLA?

The FMLA allows eligible employees to take job-protected unpaid leave for specified family and medical reasons, including the birth of a child and placement of a child for adoption or foster care. Both parents may be eligible when they meet FMLA requirements—so paternity leave can be covered in that sense. ^[1][2][3] Twelve weeks Eligible employees may take up to 12 workweeks of leave in a 12-month period for birth/bonding (among other reasons). ^[1] Eligibility The employee must work for a covered employer (generally 50+ employees within 75 miles), have 12 months of employment, and have 1,250 hours of service in the 12 months before leave. ^[3] Unpaid vs paid FMLA leave is unpaid unless the employee uses accrued paid leave (PTO) or a state paid family leave program applies. Many states (California, New York, New Jersey, etc.) provide additional paid benefits beyond federal FMLA. Employer notice Employees must provide required notice; employers must provide eligibility and rights notices. ^[2] Bottom line Federal FMLA can protect fathers' bonding leave if eligibility is met; check DOL guidance and any state family leave laws for paid benefits. ^[3]