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Paternity Leave Laws

Time has changed so much that men do not only take part in birthing plans but also get paternity leave. The world has advanced to a great extent and men are more willingly sharing women’s responsibilities. Paternity leave is for such fathers who willingly offer their services to the new born baby and the new mother.

Paternity leave is an unpaid leave that men are entitled to under the Family and Medical Leave Act (FMLA). This leave has to be given by an organization that has more than 50 employees. And the duration of the leave has to be 12 weeks, which the father can take all together, or he can spread it out during the first year of the child.

Paternity leave law also stipulates that an expectant father can be denied leave by his organization if he is counted among the top 10 percent earning employees as it will cause financial hardship to the organization. Based on the law, fathers who are adopting a child, getting a foster child, or having a biological can avail paternity leave.

Unfortunately, the paternity leave law does not cater for employees of small organizations. In addition, it does not also cater for paid paternity leave in the United States. But for organizations where paid paternity leave is a must, an employee can ensure that he gets the leave through civil action. In case you are denied paternity leave wrongfully, you first have to file a written complaint at the Employment Standards Administration, which functions under the Department of Labor. Thereafter, all inquiries pertaining to your complain have to routed through the Wage and Hour Division office in your city.

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