Does Florida Have Paternity Leave?

Some states have parental leave laws that permit parents of a newborn, or of a newly placed foster child or adopted child, to take time away from work to care for and to bond with their new family member. Depending on the state, some of these laws provide for paid parental leave or family leave, while others provide for unpaid but job-protected leave. The state of Florida does not have any state-specific parental leave laws. As such, news fathers may be wondering if there is a way for them to take paternity leave or parental leave after the birth of a new child, or following the placement of a foster or adopted child.

Although Florida does not specifically provide for anything like paternity leave or parental leave for fathers, fathers who work in South Florida — just like mothers — can be eligible for unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA). Our Palm Beach Gardens FMLA attorneys can explain in more detail.

Both Mothers and Fathers Have the Right to Take FMLA Leave 

As the US Department of Labor emphasizes, the FMLA applies to mothers and fathers alike after the birth of a newborn or the placement of a child for foster care or adoption. Your right to take FMLA leave does not depend on whether you actually gave birth to a child — mothers and fathers in same-sex and opposite-sex relationships, as well, can be eligible for FMLA leave after childbirth and foster or adoption placement.

Eligibility for FMLA Leave 

In order for a father to take FMLA leave following the birth of a newborn or placement of a new foster or adopted child, the father will need to meet specific eligibility requirements for FMLA leave. Those requirements include the following:

• You must work for a covered employer, which means either a private employer with at least 50 employees or a public (i.e., government) employer;
• You must have worked for your employer for at least 12 months;
• You must have for at least 1,250 hours during the last 12 months (an average of about 24 hours per week);
• You must work at a location that has at least 50 employees within a 75-mile range from your worksite; and
• You must take FMLA leave within the first year of the newborn’s life or within one year of the placement of a child for adoption or foster care (this requirement only applies when FMLA leave is for this specific purpose, and not for one of the other FMLA reasons for leave).

Contact a Palm Beach Gardens FMLA Attorney 

If your partner recently gave birth to a newborn, or if you and your partner will soon have a child placed for foster care or adoption, you may be eligible for FMLA leave regardless of whether you are a mother or father to the child. One of the experienced Palm Beach Gardens FMLA lawyers at Sconzo Law Office can speak with you today about your FMLA leave eligibility, and we can assist you with all aspects of your employment surrounding your FMLA leave. Contact us today for more information.

Sources:

dol.gov/agencies/whd/fmla

dol.gov/agencies/whd/fact-sheets/28q-taking-leave-for-birth-placement-child#:~:text=Both%20mothers%20and%20fathers%20have,to%20the%20pregnancy%20or%20birth