FMLA Paternity Leave

The Family and Medical Leave Act allows employees to take up to 12 weeks of job-protected leave every year. The FMLA leave covers both maternity and paternity leave. As long as both the employee and the employer qualifies for the FMLA, the employee can leave for 12 weeks or less for paternity leave.

The qualifications the employee must meet for not just paternity leave through but for any other FMLA leave are listed below.

  • The employee must have worked for at least 1,250 hours in the last 12 months, meaning they must work for the same employer for at least 12 months as well.
  • The employee’s work location must be within a 75-mile radius of at least 50 other employees.

The only qualification for the workplace as long as your boss is a private-sector employer is that they must have 50 or more employees in 20 or more workweeks for the calendar year you’re requesting FMLA leave.

For paternity leave, you must use the Certification of Health Care Provider for Family Member’s Serious Health Condition. The form goes by WH-380-F which you can fill out from our site.

Same as any other FMLA leaves, you’ll be able to take your job-protected, unpaid leave for up to 12 weeks. Keep in mind that you can be entitled to more leave than just 12 weeks. That’s of course as long as your employer lets you. Going for leave more than 12 weeks will give your employer the right to terminate your employment.

Although it is a rare case, some companies also give paid paternity leave. It is best to consult with your employer or the payroll department of the company you’re working at before filling out an FMLA form for paternity leave.

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