Paternity leave and pay
At
present California is the only state to offer paid paternity leave but more
employers are beginning to introduce leave although it’s usually unpaid.
Most
dads will need to take time off under the Family and Medical Leave Act (FMLA),
or dip into vacation time or personal days to stay at home after their baby’s
birth. Check what your state allows too: it may be more generous than the FMLA.
Can I get paternity leave?
Ask
your company’s human resources department if paternity leave is an option.
Usually you will have to apply for family leave – this allows you up to 12
weeks’ unpaid leave around the time of your baby’s birth, and you can opt to take it in batches so you work
part-time until you’ve used up your allowance.
You
should be eligible if your company employs 50 or more staff, though they have
to reside within 75 miles of your workplace. You’ll also need to have worked
for your employer for at least 12 months or have completed at least 1250 hours’
work in the previous 12 months. Your employer is obliged to keep your job open
for you, with all benefits and seniority remaining in place (although if you
don’t return they can ask you to reimburse any health insurance premiums paid
during your absence). However, your employer can deny you the leave if you’re
among the highest 10 percent of wage earners and he can demonstrate that your
absence would cause economic hardship to the company.
How do I arrange it?
You need to request leave at
least 30 days before you intend to take it although it will likely sit better
with your employer if you give as much advance notice as possible. It’s a good
idea to work out a plan for how your workload might be covered so you’re
approaching your boss with solutions instead of leaving them to figure out how
to cover you. Ask other dad is they tool leave and how your employer reacted to
their requests.
If your request is denied and
you’re sure that you’re entitled to take the leave, contact the US Department
of Labor or consult a lawyer who has experience in dealing with workers’ rights
for advice.
• The US Department of Labor (www.dol.gov)
has information on family leave.
• The National Partnership for
Women & Families (www.nationalpartnership.org) has
information on state family leave laws.
The information in this feature is intended for
educational purposes only. If you have any concerns about your health, the
health of your child or the health of someone you know, please consult with a
doctor or other healthcare professional.
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Last Modified: 15/06/2007