Paternity Leave by State: Which States Pay Dads in 2026

The US has no national paid paternity leave. Whether you get paid to stay home with your baby depends on two things: your employer and your zip code. Mostly your zip code.

Which states have paid paternity leave?

In 2026, 12 states plus Washington DC pay dads to bond with a new baby: California, Colorado, Connecticut, Delaware, Maine, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island and Washington. Delaware and Minnesota started paying in January 2026, and Maine in May.

These are state insurance programs, so most workers pay a small amount from each paycheck. In DC, employers pay all of it. Dads qualify the same way moms do. Bonding leave isn’t a maternity perk with a guest pass for you.

How much does paid family leave pay in each state?

Most states pay a share of your wage, with a weekly maximum. Lower earners usually get a bigger share. Here’s each state in 2026:

Updated: October 14, 2026

State	Pays up to	Max per week	Weeks
California	90%	$1,765	8
Colorado	90%	$1,448	12
Connecticut	95%	$1,016	12
Delaware	80%	$900	12
Maine	90%	$1,249	12
Massachusetts	80%	$1,230	12
Minnesota	90%	$1,423	12
New Jersey	85%	$1,119	12
New York	67%	$1,229	12
Oregon	100%	$1,692	12
Rhode Island	about 60%	$1,150	8
Washington	90%	$1,647	12
Washington DC	90%	$1,100	12

“Pays up to” is the best case, for lower earners. Higher earners get a smaller share and hit the weekly cap. Each state page has the exact formula and a link to the state’s own calculator. The caps go up most years, so we update this table every year.

Who qualifies for state paid family leave?

Usually anyone who works in the state and has earned a minimum amount in roughly the last year. That bar is low in most states: $1,000 in Oregon, $2,500 in Colorado, $3,900 in Minnesota. Part-time work counts. In most states, a new job doesn’t knock you out.

Two exceptions to watch:

• Delaware wants 12 months with your employer and 1,250 hours worked.
• Rhode Island has a higher earnings bar and pays 8 weeks, like California.

Self-employed? Most states let you opt in. Government workers are often covered by their employer’s own policy instead.

Is your job protected while you’re on leave?

Not always, and this is the part dads miss. In most states, the same program pays you and protects your job, usually after you’ve worked there for a while. In California, Connecticut and DC, the paid leave program only pays. Job protection comes from a separate leave law, with its own rules and its own form for your employer.

Your state page tells you which one applies to you.

How long is paternity leave in the US?

There is no standard length. In states with paid leave, dads get 8 to 12 paid weeks. Elsewhere, it’s whatever your employer offers, plus up to 12 unpaid weeks under federal FMLA if you qualify.

In practice, most dads take very little. A Minneapolis Fed study of about 750,000 fathers found the average dad takes less than a week off around the birth. If your state pays, you can do a lot better than that.

What to do if your state has no paid family leave

If you live in Texas, Florida or any other state not on the list, you still have options:

1. Check your employer’s policy. Most paid paternity leave in the US comes from employers, not the law. It’s in the handbook. Read it.
2. Check federal FMLA. Up to 12 weeks, unpaid but job-protected, if your employer has 50+ employees nearby and you’ve been there 12 months and 1,250 hours.
3. Stack your paid time off. Vacation, sick days and personal days all count.
4. Ask anyway. Bring dates and a plan for covering your work, and get any agreement in writing.

Our guide on how to ask for paternity leave walks you through all four, with a script for your boss.

Which states are adding paid family leave next?

Two more states have passed paid leave laws that haven’t started paying yet:

• Maryland: benefits are scheduled to start in January 2028, after several delays.
• Virginia: passed in 2026, with benefits scheduled for December 2028.

Due before then? Those programs won’t help you this time. Your employer’s policy and FMLA will.

---

General information, not legal or financial advice. Figures are 2026 maximums, rounded to the nearest dollar, and change every year. Check your state’s program and your HR team before you plan dates.

Sources: each state page lists its official sources. Also: US Department of Labor: FMLA, Minneapolis Fed, 2026, Littler on Maryland, National Law Review on 2026 leave laws.