What Paternity Leave Protection Does New York Offer?

The first thing to understand is that paternity leave is different from parental leave. Paternity leave is time a father takes away from work to bond with his new child. It can be used for biological or adopted children. It is similar to maternity leave but lacks the medical component since the father won’t be recovering after childbirth.

Parental leave, on the other hand, is available to either parent and is typically used for childcare purposes.

Federal law acknowledges the role of fathers in the Family and Medical Leave Act (FMLA).

Under the law, employers must provide unpaid leave to employees for specific reasons, including after the birth or adoption of a child. Employers must provide leave regardless of gender and cannot base their hiring decisions on an employee’s need to use family leave.

New York State Paternity Leave Laws

Additionally, in New York, paternity leave is protected under the state’s Family Leave Law. This law provides up to 12 weeks of unpaid leave for fathers who need to bond with their new child. The leave can be taken all at once or it can be taken in increments of two weeks or less.

This law allows parents in New York State to receive their salary or wages under the New York Paid Family Leave (“NYPFL”) during time away for paternity or maternity leave. The goal is to make the life of a family with a new child easier and support their new family dynamic. The time away gives them a chance to bond and adjust before having to return to work.

To be eligible for paternity leave, you must have been employed by your employer for at least one year. You must also have worked at least 1,250 hours during that year. And, you must give your employer at least 30 days’ notice before taking paternity leave.

New parents receive the lesser of 50 percent of their average weekly wage or the state’s average weekly wage. Both mothers and fathers qualify to use this benefit during the first year. It also provides paid time off for families who adopt or welcome a foster child into their home.

New York Fathers Enjoy Time with Newborns Too

Under New York law, fathers in the state get to spend time at home bonding with their newly expanded family. It’s a great opportunity to adjust to having a new baby without having to worry about work for a period.

If you have any questions about your rights as a new father in New York, you should read more about paternity rights here or contact an experienced employment law attorney. An attorney can help you understand your rights and can ensure that your employer is providing you with the appropriate leave.

For more information or to discuss your paternity rights under New York law, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation.