When employees welcome a new child, one of the biggest questions is what type of leave they are entitled to take. Some companies offer maternity and paternity leave, others parental leave, and many still employ traditional maternity leave policies. The terms sound similar, but they don't mean the same thing. Understanding the difference between parental leave and paternity leave is essential for both employers and employees.
What is FMLA?
The Family and Medical Leave Act (FMLA) is a United States labor law that requires covered employers to provide eligible employees with unpaid, job-protected leave for qualified medical and family reasons.
This includes situations like a birth or adoption of a child, the serious health condition of the employee or a family member, or military family leave. The FMLA allows for up to 12 weeks of leave in a 12-month period, and employers must maintain health benefits during this leave.
What Is Paternity Leave?
Paternity leave is a job-protected period of time off for fathers, or for the partner of the mother who gave birth. The purpose of paternity leave is to allow a father or partner to:
Bond with the new child.
Support the birthing mother or adoptive partner.
Adjust to family responsibilities in the early weeks.
Maternity Leave vs Paternity Leave
The key difference between paternity and maternity leave is:
Maternity leave is for the birthing mother, covering both recovery from childbirth and bonding with the baby.
Paternity leave is typically for the father or partner, often without a recovery element, but still focused on bonding and providing family support.
Traditionally, maternity leave vs paternity leave has been unequal—mothers get longer, often paid leave, while fathers get little or none. Today, this imbalance raises legal and equity concerns, prompting many employers to adopt unified parental leave policies that treat all caregivers equally.
What Is Parental Leave?
Parental leave gives parents—regardless of gender—the chance to take time off to care for their child. This leave often extends beyond maternity or paternity leave and can be shared between parents.
Examples include:
A mother extending her maternity leave with additional parental leave.
A father or non-birth partner taking leave months after the child arrives.
Adoptive parents using parental leave to care for their new child.
What Is the Difference Between Parental Leave and Paternity Leave?
When discussing parental vs paternity leave, it helps to compare how they play out:
Paternity leave: For fathers or partners, typically short and focused on early bonding and support immediately after the child's arrival.
Parental leave: Available to any parent (mother, father, or adoptive parent) and is usually longer and more flexible (can last several weeks or months). Broader, gender-neutral, and designed to give parents flexibility in balancing work and family.
Is Parental Leave Paid or Unpaid?
Paternity leave is usually short (1–2 weeks) and sometimes paid, but often unpaid. In places like the U.S., parental leave can be either paid or unpaid, depending on local laws and company policy.
U.S.: No national paid leave. The FMLA grants up to 12 weeks of unpaid leave; however, states like California and New York require paid family leave.
Globally: Many countries, including Canada and much of Europe, provide paid parental leave with wage replacement.
Employers: Some companies offer paid leave or allow employees to use vacation, sick time, or disability benefits to cover income.
How Do Multiple Leave Provisions Work Together?
Policies on parental leave vs paternity leave vary widely across countries—some offer both separately, while others combine them into one shared benefit. Employees can also often combine different types of leave. For example:
Parental leave + PTO: Employers may allow or require staff to use vacation or sick days first.
Parental Leave + FMLA: In the U.S., parental leave can overlap with FMLA, providing extended coverage while maintaining job protection.
Pregnancy disability + parental leave: Birthing mothers may use medical leave for recovery, then add parental leave for bonding.
Clear policies ensure consistency, fairness, and compliance.
What Are the Benefits of Parental Leave for Employers?
Parental leave isn't just beneficial for employees—it also benefits employers. The advantages include:
Better Retention: Supporting employees reduces the likelihood of turnover, resulting in lower turnover costs.
Stronger Recruitment: Family-friendly policies attract top talent.
Higher Morale & Engagement: Employees return more focused, motivated, and loyal.
Lower Compliance Risk: Gender-neutral policies reduce the chance of discrimination claims.
Stronger Brand Reputation: Progressive benefits boost your image with both employees and customers.
Offering parental leave demonstrates your value for people, which fuels long-term business growth.
How Employers Can Build Inclusive Leave Policies
Understanding the difference between parental and paternity leave helps employers design policies that are fair, inclusive, and legally sound. If you're an employer, here's how to move forward:
Review Your Current Policy: Check whether your current policy distinguishes between maternity, paternity, and parental leave. Is it balanced?
Align with Legal Requirements: Review federal, state, or country-specific laws.
Avoid Gender Discrimination: Make sure leave lengths are equal for men and women. A longer maternity leave may still be allowed if the extra time is specifically for childbirth recovery (pregnancy disability leave), but bonding leave must be equal.
Offer Paid Options If Possible: Even partial wage replacement demonstrates to employees that you value them. Companies that offer paid parental leave often experience higher employee retention rates.
How an EOR Helps Manage Leave Policies
Managing leave across countries is complex, as each has its own rules for paternity leave, parental leave, and maternity leave. An Employer of Record (EOR) simplifies this by:
Ensuring contracts reflect correct entitlements.
Adjusting payroll for paid or unpaid leave.
Navigating local rules for family leave, disability, or FMLA.
Reducing risk with fair, consistent application.
For global teams, an EOR removes the guesswork from parental vs paternity leave compliance and keeps employees protected worldwide.
How Atlas HXM Simplifies Leave and Compliance
Designing a family-friendly policy is one thing. Making sure it works in practice is another. Many companies struggle to:
Keep track of evolving local leave laws.
Balance fairness between maternity or paternity leave and parental leave.
Avoid the risk of costly non-compliance fines or discrimination claims.
As the largest direct EOR provider in 160+ countries, Atlas HXM:
Owns the compliance risk so you don’t have to.
Provide expert guidance on the difference between paternity leave and parental leave and other policies across jurisdictions.
Help you create consistent, inclusive benefits that attract and retain top talent.
Simplify payroll, benefits, and HR processes globally.
With Atlas HXM, you don't just stay compliant—you build a workplace culture that truly supports people and families. View our EOR pricing model today!
Partner with Atlas HXM Today
Understanding the difference between paternity and parental leave isn't just a legal or HR issue—it's about building stronger families and workplaces. Employees get the support they need during one of life's most significant transitions, and employers gain loyalty and engagement in return.
At Atlas HXM, we believe in putting people first. Whether you're expanding globally or updating your local policies, designing inclusive, flexible leave benefits will help you compete in today's talent market. Contact Atlas HXM to see how we can simplify your global leave policies, ensure compliance, and support your people wherever they work.