Becoming a parent should be a time of joy—not stress about whether you’ll lose your job or paycheck just for taking time off to care for your child.
Unfortunately, too many workers in the U.S. face confusion and uncertainty when it comes to their maternity and paternity leave rights. And the worst part? Employers don’t always give you the full story—or follow the law.
Whether you’re expecting a child, adopting, or supporting your partner after birth, you have legal rights to parental leave—but those rights vary depending on your job, your state, and your employer’s policies.
In this post, we’ll break down exactly what the law says about parental leave, what protections exist under federal and state law, and what to do if your employer denies or retaliates against your right to take time off. You’ll also learn how to connect with an attorney near you if your leave rights are being violated.
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Parental leave is job-protected time off that allows employees to care for a new child—whether by birth, adoption, or foster placement.
There are two main types of parental leave:
Depending on your situation, you may also qualify for family leave, which can apply regardless of gender or parental role.
The primary federal law protecting parental leave is the Family and Medical Leave Act (FMLA).
Under FMLA, eligible employees can take: