What are your options when it comes to parental leave for fathers? In the past, many families assumed that dad should work and mom should stay home with the kids. But parents today often choose to divide responsibilities differently, more same-sex couples are having kids, and numerous other changes have taken hold. As a result, it is now much more common for fathers to take parental leave. So what are they entitled to?

The answer is that they are entitled to everything that a mother is entitled to (except those mothers who took another form of leave, known as pregnancy leave, immediately beforehand).

In particular, at any time in the first year after a child is born or comes into a father’s custody (for example, through adoption), the father can take a parental leave. The leave is unpaid and can last for up to 37 weeks.

To be eligible for parental leave, a father must:

• Have worked for his employer for at least 13 weeks; and
• Give at least two weeks notice of the leave to his employer before the child’s arrival, or, if the child arrives earlier than expected and the father stops work, within 2 weeks of stopping work.

Also, circumstances can change during a parental leave, and fathers have the right to take the full parental leave, return to work earlier (but not later), or resign. Whatever their choice, the father on parental leave must give their employer at least four weeks of notice.

 If you have questions about parental leave, we can help.

Author: Stephen Wolpert, Whitten & Lublin