Is New Dad Eligible for Paternal Leave?

Q: My wife and I are having our first child in November and we were wondering if, as a new dad, I would be eligible to take paternal leave from work when the baby is born.

A: Congratulations to you both!

So much of this answer depends on the size of the company you currently work for.

Let’s say your employer has more than 50 employees, that you’ve been working there longer than a year and have clocked over 1,250 hours during that period. Under the Family and Medical Leave Act (FMLA), you’re eligible to request up to 12 weeks of unpaid leave for the birth (or adoption) of a child. The leave can be consecutive or intermittent, meaning you can take it all at once or request to work a reduced schedule.

There are some caveats. For example, you can be denied leave if you are a “key” employee paid among the highest 10% of the company. And, if your wife works for the same company, both of your leave allowances are combined so the total may not exceed 12 weeks.

FMLA leave is unpaid. Yes, the U.S. is the only advanced economy in the world that doesn’t offer workers some paid parental leave. But, even though FMLA is unpaid, most companies with paid sick and vacation leave do allow employees to use those hours for FMLA purposes. Some companies go further -particularly in Silicon Valley– and offer paid parental leave for both moms and dads. Still, only 14 percent of U.S. employers offer paid leave to dads.

Alternatively, let’s say your employer has fewer than 50 employees, so that you’re in that 40% of the workforce that isn’t covered by FMLA because your company is too small or you don’t meet eligibility criteria. Don’t despair.

Go ahead and submit a leave request to your employer. Acknowledge that FMLA isn’t applicable, and that there is no company policy about it. Provide plenty of advanced notice, and suggest ways to cover your workload while you’re gone. Be flexible and see what happens. Who knows? Depending on your workplace culture and your industry, the company may surprise you and grant your request. It doesn’t hurt to ask.