Maternity Leave Laws for Men

Men in the United States are entitled to unpaid parental leave under the Family and Medical Leave Act, which is law under the U.S. Department of Labor. The law does not distinguish between men and women and allows for up to 12 weeks of unpaid leave per year. Your job is protected while you take the leave and so is your health coverage under a group plan.

  1. Reasons for Leave

    • Leave under the Family and Medical Leave Act allows you to take your 12 weeks of leave for family or medical reasons. These include the birth of your child, adoption or foster care or serious health problems. You may also take the leave to care for your spouse, child or parent who has a serious medical condition.

    Eligibility

    • To qualify for Family and Medical Leave, you must have worked for your employer for at least a total of 12 months and at least 1,250 hours over those last 12 months. The months do not have to be consecutive, but breaks in employment of more than seven years require special consideration. You must also work in the U.S. or one of its territories where at least 50 people are employed by your company within 75 miles.

    Covered Employers

    • Eligibility for Family and Medical Leave is contingent on your being employed with a covered employer. Covered employers include state, local and federal agencies and schools, as well as private-sector businesses with at least 50 employees working for them within 20 or more working weeks in the current year or the previous calendar year. This includes joint employers and the successors of covered employing businesses.

    Taking Your Leave

    • If you and your spouse are employed by the same company, you are limited in the total amount of family leave you can take to 12 weeks combined. Leave for newborns or adoption or foster children has to finish within one year of the birth or adoption/foster placement. You may take the leave intermittently if you can work out an arrangement with your employer.

    Military Personnel

    • In 2008, amendments were made to the Family and Medical Leave Act to make extended leave available to family members of those serving in the U.S. military. The amendments allow for these family members to take 26 weeks of leave per year to care for service personnel injured in the line of duty as well as for leave for qualifying emergencies as a result of a family member being in active duty. If you are a member of a military family and you are expecting a baby, be sure to learn about the amendments to the Family Leave Act to determine if they affect your leave when you have a child.

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