Paternity Leave Attorney in New York: Know Your Rights as a New Father

Picture this: you’re a new father in New York preparing for your baby’s arrival. You want time to bond with your newborn, but you’re worried about how your employer will react. You’re not alone—many working dads feel this way. In fact, a 2025 report by Motherly found that New York fathers left a staggering $1.6 billion in paid family leave benefits unused, often due to fear of workplace backlash or not realizing they could take leave​. It’s an emotional tug-of-war between wanting to be there for your child and worrying about your career.

Why is this happening? Some fathers aren’t aware of their rights; others feel cultural stigma for taking time off. As a result, dads skip leave they’re entitled to, and their families miss out on critical bonding time. You might be here right now for these very reasons—looking up “paternity leave attorney” because you’re unsure what the law guarantees you or how to approach your employer. Take a deep breath. This post will explain paternity leave laws in New York (and federally) in plain language, walk you through the steps to secure your leave, and explore what you can do if things don’t go as planned. We’ll also discuss the personal and financial impact of paternity leave, answer common FAQs, and show you how an experienced employment lawyer can help protect your rights. Let’s dive in with the basics of the law, so you can feel informed and empowered.

Reach out to Kessler Matura P.C. for help navigating your legal rights. Call us at 631-499-9100 or contact us today to take the first step toward justice.

Paternity Leave Laws in New York and Under Federal Law

Understanding your legal rights is key to taking paternity leave with confidence. In the U.S., New York State and federal laws provide leave options for new parents. Here’s a straightforward breakdown of what each offers:

New York’s Paid Family Leave (PFL) for Fathers

New York has one of the nation’s strongest family leave laws. The New York Paid Family Leave (PFL) program gives eligible employees up to 12 weeks of job-protected, paid time off to bond with a new child​v. This applies to fathers (as well as mothers) for the birth of a child, and it equally covers adoptive and foster parents. Importantly, you do not have to work for a large company to be covered – PFL applies to most private employers in NY, regardless of size, as it’s a state-required benefit.

Your job is protected – by law, your employer must hold your position (or a comparable one) for you while you’re on approved PFL, and continue your health insurance under the same terms​. Employers are also prohibited from retaliating or discriminating against you for taking PFL​. In short, New York’s law ensures you can take time with your new baby without having to choose between your family and your paycheck or job security.

Eligibility: Most New York employees become eligible for PFL after a short period on the job. If you work full-time (20+ hours/week) for a private employer, you qualify after 26 weeks of employment; part-timers (less than 20 hours/week) qualify after 175 days worked. This means even if you haven’t been at the job for a full year, you might still be covered by PFL. (Do note that public-sector jobs may opt into PFL but aren’t automatically covered.) Also, you can take your bonding leave any time in the first 12 months after your child’s birth or placement. Some dads use it all at once right after the birth, while others might spread out the time (for example, taking a few weeks initially and the rest later that year). Flexibility is built in – you can even take the leave in increments of full or partial days if needed, rather than all in one block​. This allows you to tailor your leave schedule to your family’s needs.

Federal Family and Medical Leave Act (FMLA)

On the federal level, the main law is the Family and Medical Leave Act (FMLA). The FMLA provides eligible employees up to 12 weeks of unpaid, job-protected leave in 12 months. One of the specific reasons you can use FMLA leave is to care for and bond with a newborn baby (or a newly adopted/foster child). This applies to fathers and mothers equally. While FMLA leave is unpaid (unlike New York’s paid benefit), it does offer job protection similar to PFL – meaning your employer must restore you to the same or an equivalent position after your approved leave, and continue your group health insurance during the leave​. It’s essential to check your employer’s policies.

Eligibility: FMLA has a few more requirements. It covers employees who have worked at least 12 months for the employer (not necessarily consecutively) and have clocked at least 1,250 work hours in the past 12 months and who work at a location where the company has 50 or more employees within a 75-mile radius​. In practice, this usually means you need roughly one year of tenure at a medium or large employer. Small employers (fewer than 50 employees) don’t have to provide FMLA leave. However, if you’re in New York, that’s where PFL fills the gap – even if your company is small, you likely still get leave under the state law. Both FMLA and PFL will cover many New York dads. For example, if you work for a big company, you can get 12 weeks off under FMLA and receive pay via the PFL program during that time. These two laws generally run concurrently as long as you are eligible under both – you don’t get double time, but together, they ensure you have income and job security. An important note: FMLA also requires giving your employer advance notice (30 days if the need for leave is foreseeable, such as an expected due date). Likewise, New York PFL asks that you notify your employer at least 30 days before your planned leave if you can. Mark this on your calendar as soon as you know you’re going to become a dad – it’s a good practice both legally and for workplace goodwill.

Resolving Paternity Leave Issues & When to Seek Legal Help

Even with strong laws on the books, conflicts can arise. Unfortunately, some workers face resistance or even retaliation from employers when taking paternity leave. Maybe your boss is giving you a hard time about the time off, or perhaps your request for leave was flat-out denied even though you believe you’re entitled to it. These situations are stressful, but you do have recourse. Here’s how to approach common issues and why consulting a paternity leave attorney (an employment lawyer experienced in family leave matters) might be a smart move if things get rocky:

• Denied Leave: If your employer refuses to approve your paternity leave, start by understanding the reason. Is it because they claim you’re not eligible or that your company isn’t covered? They should communicate a legitimate reason. Sometimes, smaller employers might not realize New York PFL applies to them, or a manager might be unfamiliar with the law. It can help to calmly provide information – for instance, pointing out that New York law requires PFL for eligible employees, or that you qualify for FMLA. In writing (email is good), restate your request along with the fact that you meet the legal criteria. This creates a paper trail. If the employer still wrongly denies your leave, you can file a complaint: for FMLA issues, with the U.S. Department of Labor’s Wage and Hour Division; for PFL issues, with the NYS Workers’ Compensation Board (which oversees PFL benefits) or the NY Department of Labor. In many cases, involving an employment lawyer at this stage is wise – they can quickly assess if the denial is unlawful and communicate with your employer on your behalf. Often, a firm but professional letter from a lawyer asserting your rights can resolve the impasse before it escalates.

• Retaliation or Job Problems: Retaliation can be subtle or overt. It includes anything like being demoted, harassed, passed over for promotion, or fired because you took (or requested) paternity leave. New York’s law explicitly protects you from retaliation for using Paid Family Leave​, and FMLA does as well (employers can’t fire or penalize you for taking FMLA leave). If you suspect retaliation – for example, you return from leave and suddenly your performance reviews tank without justification, or you’re reassigned to a lesser role – document everything. This is where a paternity leave attorney becomes invaluable. A lawyer can help gather evidence (emails, witness statements, etc.), assess the strength of your case, and advise on next steps. In many instances, your lawyer can engage with your employer to seek a remedy (like getting your job restored or negotiating a fair resolution). If the violation is serious, you may choose to file a legal claim against the employer for violating state and/or federal law. Having an attorney who knows New York employment law means you’ll have an expert guiding you through the process – whether it’s filing a lawsuit, a complaint with a government agency, or negotiating a settlement. Remember, these laws have teeth: employers can face penalties for wrongful denial or retaliation, including having to pay lost wages, reinstatement, damages, and attorney’s fees.

• Pay or Benefit Issues: Perhaps your leave was approved, but you encountered issues like not receiving your Paid Family Leave pay, or your health insurance was dropped. For pay issues under PFL, check with the insurance carrier handling your claim – delays can sometimes be sorted out by providing additional documentation. If an insurer wrongly denies your PFL benefit, you can appeal that through the state’s process. An attorney can assist if needed, especially if it’s a complex situation. If your employer stopped your benefits or didn’t reinstate you properly, that’s also unlawful under PFL and FMLA. These are the kinds of technical violations an employment lawyer can help fix swiftly by reminding the employer of their obligations (often, companies correct course once a lawyer gets involved to avoid legal fallout).

Speaking with an experienced employment lawyer early can makea huge difference in any of these conflicts. They can clarify your rights, help you avoid missteps, and take action to protect your job and income. Many offer initial consultations so you can discuss your situation and get advice on the best course of action.

The Emotional and Economic Impact of Paternity Leave

Alt text: A father lies on a bed holding his infant, enjoying bonding time during paternity leave.

Taking paternity leave isn’t just a checkbox exercise in using your benefits – it has profound emotional and economic impacts on your family. On the personal side, the early weeks of a child’s life are precious (and fleeting). A hands-on dad during this time helps lay the foundation for a strong parent-child bond. Fathers who take paternity leave often report feeling a deeper connection with their newborn and more confidence in parenting. This early involvement pays off: studies have shown that dads who take even a couple of weeks off for a new baby tend to be more engaged in their child’s care long-term, which can boost the child’s cognitive and emotional development.

Beyond emotions, there’s an economic angle. At first glance, taking time off work (especially if some of it is unpaid) might seem like a financial hit. But consider the bigger picture. Paid paternity leave benefits (like NY’s PFL) inject money that might otherwise be lost if you simply quit or took unpaid time. On a household level, a father’s leave can help the mother return to work sooner or on a better footing, potentially increasing the family’s long-term income. Also, think about retention: taking an approved leave and then returning to your job can be better for your career trajectory than quitting due to childcare needs. Employers are increasingly recognizing that offering and respecting paternity leave leads to higher employee satisfaction and retention, which is good for business too. Additionally, you can make this investment without derailing your employment or finances thanks to laws like those in New York. From an employment lawyer’s perspective, we’ve seen clients greatly benefit from taking the leave they were entitled to – not just in personal terms, but in coming back to work more focused and less stressed, which employers ultimately appreciate.

Common Barriers to Taking Paternity Leave (and Overcoming Them)

If paternity leave has so many benefits, why do so many dads hesitate to take it? As we touched on earlier, several common barriers andfears hold fathers back. Recognizing these challenges is the first step to overcoming them:

• Workplace Culture and Stigma: In some workplaces, there’s an unspoken culture that taking leave (especially as a father) signals a lack of commitment to the job. You might hear quips about “vacation” or feel subtle pressure to minimize time away. This stigma is rooted in outdated norms – the false idea that caregiving is solely the mother’s role. It persists even in 2025. The McKinsey/Moms First research noted that men often face a stigma for taking leave, and many men themselves held the belief that if their partner was taking leave, they didn’t need to​. Overcoming this starts with knowledge: remember that you have a legal right to this leave. You are not doing anything wrong by taking it. Some leading companies now encourage paternal leave specifically to break this stigma. If your workplace isn’t there yet, you can still be a part of changing that culture. Sometimes just one dad taking his full leave sets an example that helps normalize it for the next.

• Fear of Job Loss or Career Impact: This is perhaps the biggest barrier. As mentioned, a large percentage of fathers (especially those in lower-paying jobs) fear negative consequences at work. It’s a very real fear – no one wants to jeopardize their livelihood. However, that’s exactly why laws exist to protect you. Remind yourself (and if needed, politely remind your employer) that retaliating against someone for taking legally guaranteed family leave is against the law. If you perform well at your job and follow the proper leave procedures, your leave shouldn’t derail your career. It may help to have a candid conversation with your manager or HR beforehand, expressing that you’re committed to your role and will return ready to contribute. Many employers value that honesty and planning. From a practical standpoint, document any accomplishments and transition notes before you go on leave – this can help show your team you handled things responsibly, which can mitigate any unfair criticisms later. And remember, if worst comes to worst and your employer does penalize you, legal remedies are available. Don’t let fear rob you of irreplaceable time with your child.

• Lack of Awareness: Surprisingly, a lot of dads (and parents in general) simply aren’t fully aware of their leave options. In the chaos of preparing for a new baby, it’s easy to overlook paperwork or assume you might not qualify. A survey found about 59–60% of fathers who skipped leave didn’t know it was available to them. The cure for this is spreading the word. If you’re reading this, you’re already educating yourself – keep it up. Check your employee handbook, state websites, talk to HR, or consult resources like this article or a lawyer if things are unclear. Sometimes human resources departments don’t advertise leave benefits as clearly as they should, so a little digging is worthwhile. Knowledge is power; once you know you have, say, 12 weeks at partial pay protected by law, you can plan accordingly with confidence.

• Financial Worries: Some dads are willing but worry about affording time off, especially if part of it is unpaid or partially paid. This is a valid concern – new babies come with new expenses. To overcome this, do some budgeting ahead of time. New York’s PFL softens the blow by providing 67% pay, up to $1,177.32 a week, which is a big help. You might save up vacation days or savings to cover any gap for the remaining percentage or for the unpaid portion if you extend beyond PFL coverage. Also consider timing: you could coordinate so that you take some paid vacation or PTO after your PFL ends if you need extra fully paid time. Another tip is to stagger leave with your partner (if applicable). For instance, if both parents have some leave, you could take yours after your partner’s, which means continuous care for the baby and possibly fewer weeks with both incomes reduced at the same time. With some financial planning, most families find a way to make paternity leave doable – and keep in mind the long-term advantages we discussed that often outweigh the short-term pinch.

Work with a New York Employment Lawyer 

We’ve seen that when fathers openly discuss these challenges – whether with a manager, HR, or a lawyer – the barriers often shrink. Fear thrives in silence, but when you address concerns head-on, you often discover solutions and support you didn’t expect. In our practice, we encourage dads to know their rights and not apologize for using them. The more fathers who take paternity leave confidently, the easier it becomes for everyone else to follow.

Let Kessler Matura P.C. be your guiding light. Reach out to us at 631-499-9100 or contact us to take the first step towards reclaiming your rights and securing your future.