Parental leave
Summary Definition: Time away from work granted to a new parent following the birth, adoption, or foster placement of a child.
Key takeaways
- Parental leave is a broad benefit category that covers time off for a new child regardless of parent gender or how the family grew, distinct from the narrower terms of maternity and paternity leave.
- Eligibility and pay depend on which source applies, since FMLA, state PFML programs, and employer-provided paid parental leave can each cover different portions of the same leave.
- FMLA guarantees job protection but not pay, so an employee's actual experience of parental leave often comes down to how the employer coordinates FMLA, PFML, and any internal paid benefit.
What is parental leave?
Parental leave covers the period a new parent takes off work to bond with a child, whether that child arrives through birth, adoption, or foster placement. It's a broader term than maternity leave or paternity leave, which specifically refer to leave tied to childbirth for a birthing parent or their partner.
Parental leave applies regardless of parent gender or how the family grew, and many employers offer it as part of a broader family leave policy, sometimes on top of any leave required by law.
Is parental leave paid?
The answer changes depending on which of three possible sources, or combination of sources, funds the leave:
| Pat Status | Details | |
|---|---|---|
| FMLA |
Unpaid
|
Employees can often use accrued PTO alongside it |
| State PFML programs |
Partial wage replacement
|
Typically, a percentage of regular pay, up to a state-set cap, for a defined number of weeks |
| Employer-paid parental leave |
Varies
|
A direct benefit some companies offer; duration and pay level vary by company, industry, and role |
Because these sources can stack, an employee's actual pay during leave often depends on how the employer coordinates FMLA, PFML, and any internal paid leave policy.
Parental leave eligibility
Eligibility depends on which source of leave applies:
- FMLA: Employees who qualify can use up to 12 weeks for the birth, adoption, or foster placement of a child, subject to the same 12-month, 1,250-hour, and 50-employee thresholds that apply to any FMLA leave.
- State PFML programs: A growing number of states extend parental leave eligibility, along with partial wage replacement, to employees who might not meet FMLA's stricter requirements.
- Employer-paid parental leave: Often offered as a standalone benefit unconnected to either law, with eligibility rules set entirely by company policy.
How is parental leave different from FMLA?
FMLA is a federal law that guarantees job protection; parental leave is a broader category of benefit that FMLA can support but doesn't fully define.
| FMLA | Parental leave | |
|---|---|---|
| Definition | Federal law guaranteeing job protection | Broader category of benefit that FMLA can support but doesn't fully define |
| Scope | Covers serious health conditions and caregiving needs beyond new children, such as an employee's own illness or caring for a spouse | Specifically tied to the birth, adoption, or foster placement of a child |
| Independence | Can be used without any connection to parental leave | Can be taken without touching FMLA, such as through a standalone employer benefit |
| Overlap | When both apply, they generally run concurrently rather than stacking additional weeks | Same as FMLA: runs concurrently, not on top of it |
When the two overlap, which is common, the leave taken generally runs concurrently with the employee's FMLA entitlement rather than adding extra weeks on top, similar to how FMLA interacts with a broader leave of absence.
Get taxes done right, without the stress
We know there's a lot that goes into preparing and filing payroll tax forms. Save time and get support from our expert team. As a Registered Reporting Agent with the IRS, we can help prepare and file all the necessary forms you need to remain compliant - even in the face of changing legislation. Learn more here.