Arizona Paternity Leave Laws Explained: The Complete Guide

Arizona Paternity Leave Overview

While maternity leave is more commonly discussed, knowledge about paternal leave is fast gaining in importance in the media: from professional sports franchises to the boardroom, new fathers are increasingly taking time off to be at home with their children. Paternity leave refers specifically to the time off new fathers get to spend with their newborns and/or newly adopted children. While maternity leave laws like the Pregnancy Discrimination act (PDA), Family and Medical Leave Act (FMLA), and the Fair Labors Standards Act (FLSA) have created protections for women from gender discrimination when requesting time off for pregnancy or childbirth recovery purposes , similar protections for fathers in Arizona are not yet the law. That said, Arizona is a FMLA state, so while new fathers may not have exact parity in protections or entitlements, it is important to understand that they are not completely excluded. Being mindful of FMLA protections and the basic economics of a new baby is important for both employers and expecting fathers, and while state-specific protections may not be in place in Arizona, it is still good practice to consider what accommodations can be extended to this increasingly common situation.

Current Paternity Laws in Arizona

Paternity leave laws are not as well defined or as generous as maternity leave laws. However, in most states, the laws regarding parental leave apply to both mothers and fathers. To determine the paternity leave laws for Arizona, employers must look to the Family and Medical Leave Act (FMLA).
FMLA
The Family and Medical Leave Act (FMLA) is a U.S. labor law that ensures eligible employees of covered employers are entitled to take up to 12 weeks off for certain family and medical reasons. It also requires covered employers to keep their employees’ jobs, or comparable jobs, upon their return from a leave of absence. The FMLA applies to both caring for a newborn and providing care for a newly adopted child, making it applicable to fathers who wish to take time off.
Under the FMLA, the following criteria must be satisfied to ensure protection: If the above criteria are satisfied, eligible fathers can take up to 12 weeks off within a 12-month period in order to bond with a newborn child.
Arizona State Laws
In Arizona, state laws honor the same protections that the FMLA affords. Specifically, Arizona follows the FMLA, which entitles eligible employees to take up to 12 weeks off during any 12-month period without losing their jobs when taking leave for qualifying leave reasons, including bonding with a newborn child under the age of 18.
However, the following are not covered under the FMLA for Arizona: Please note that the FMLA does not require employers to pay employees who take paternity leave. Instead, it only provides job protection for an eligible employee; therefore, paternity leave may be unpaid. Also, employers may not be subject to the FMLA if they employ fewer than 50 employees. The FMLA only applies to employees who have worked for their employer for 12 months and 1,250 hours during the past 12 months.
Arizona Fair Wages and Healthy Families Act (FWHFA)
Instead of (or in addition to) being protected under the FMLA, some Arizona employees may be eligible for paid leave under the Arizona Fair Wages and Healthy Families Act (FWHFA). This act allows Arizona employees to take up to 12 weeks of paid paternity leave per year. However, the FWHFA only applies to companies who employ at least 15 employees.
Under the FWHFA, employees qualify for paid leave under the following conditions: Eligible employees under the FWHFA are allowed to take up to 12 paid weeks off for each occurrence of pregnancy, child birth, or adoption.

Federal Paternity Leave Laws Vs. State Laws

Federal laws do provide some benefits to new parents but there are restrictions on who qualifies. The federal Family and Medical Leave Act (FMLA) requires large employers to offer 12 weeks of unpaid leave during a 12-month period to qualified employees. However, the federal law only requires employers to give leave to workers at companies with 50 or more employees that have worked for the company a minimum of 1,250 hours over the past 12 months. Additionally, companies with fewer than 50 employees are not required to extend parental leave. If the FMLA is applicable, it may run concurrently with Arizona’s parental leave law.
Employees who qualify for FMLA leave can take up to 12 weeks of unpaid job-protected leave. However, they can only take leave related to birth and care of a child within one year of birth. Leave can be taken in one block of time or intermittently if necessary, depending on the circumstances.
The FMLA contains other provisions that apply to paternity leave, such as allowing employers to be more flexible in scheduling the time of parental leave, provided it doesn’t disrupt the company’s operations. Additionally, the FMLA allows time off for "planned medical treatment," if its continuity is necessary and reasonable.
Employees who violate their employer’s leave policy forfeit the protections of the act. If an employee abuses FMLA leave, employers may be eligible to terminate the individual’s employment.

Arizona Employer Policies on Paternity Leave

Employers in Arizona have varying policies on paternity leave, with some opting to provide additional leave to new fathers beyond what is required by federal and state laws like the FMLA and the AEFMLA. In general, Arizona employers may supplement the paternity leave provided under Arizona state law as well as the federal requirements if they choose. Any additional leave provided is usually done so as a fringe benefit to the employee. For example, an employer may decide to provide a 12-week leave period to primary caretakers as well as supplemental leave to their employees who are the secondary caretakers of a newborn or recently adopted children. As before, this is not a requirement for the employer, but rather a supplement to the leave granted under state and federal law.

How to Obtain Paternity Leave in Arizona

To apply for paternity leave under the Arizona Family Medical Leave Act, you must contact your employer and obtain the appropriate paperwork and documents to begin the process. The process for requesting paternity leave under Arizona state law is not provided for by law and can vary based on your employer’s policy. Under the federal Family and Medical Leave Act (FMLA), an employee can take a total of up to 12 weeks in a 12-month period for the birth of the employee’s child. Depending on your employer’s policy and FMLA limits, you may be eligible to take up to 12 weeks of paid paternity leave.
In order to be eligible for paternity leave under federal law, you must meet the following requirements:
• You have been employed at least 12 months;
• You have worked at least 1,250 hours within the 12 months preceding the leave; and
• You are employed at a site with at least 50 employees within 75 miles of your work site.
If you are eligible to take paternity leave under federal law , you can do so as follows:
• You must request the leave in advance. It is recommended to request the leave 30 days prior to your expected departure.
• After the initial notification, your employer may require additional information, including a doctor’s note or other evidence, regarding the birth of your child.
• Your employer will then determine whether the leave qualifies under the FMLA. If they do not believe it does, the responsibility then falls on you to take action. You can either provide more information or, if appropriate, file a complaint with the U.S. Department of Labor.
You should also keep in mind any additional rules and regulations that may not fall under Arizona or federal law. All employers are required to provide 12 weeks of leave for new fathers, but how the leave is structured varies by company. You should check with your company’s human resources department to develop a timeline, determine the amount of leave you are entitled to take and make sure you are aware of the documentation you must provide.

Pros and Cons of Paternity Leave for Arizona Dads

It is not uncommon to find a new father torn between his desire to begin spending time with the baby and the need to work or strive for career advancement. Unfortunately, the departure of a mother on parental leave tends to be more traumatic for young children than the departure of a father, making it all the more critical that you maximize the bonding time that you have with your child during his first days and weeks of life. Taking paternity leave immediately after the birth of a child provides numerous benefits that make it worthwhile: From a pragmatic standpoint, new fathers should be aware of the financial and career considerations that they may face when deciding whether or not to take a paternity leave: The decision to take paternity leave is highly personal, so it is important that you carefully consider your own circumstances and priorities before making a decision.

Latest Changes and Proposals in Arizona Paternity Leave Laws

Recently, the Arizona Legislature passed HB 2093, which took effect September 28, 2018. The new law creates a new state-provided benefit program for family and medical leave insurance. Paid family and medical leave programs are increasingly common in other states, with California leading the way. The Arizona program, however, is going to be rather expensive for our business owners. The new program will take effect July 1, 2020. Employers who already provide paid leave may opt-in to the program as early as July 1, 2019.
Under the program, Birthing mothers may take up to 12 weeks of paid leave, including six weeks of pregnancy disability leave before the birth (if there are pregnancy complications) and six weeks of leave after the birth. To take advantage of the six weeks of leave after the birth, Birthing mothers must apply within 30-days of the birth. Bonding fathers may also take up to 12 weeks of leave to bond with his (or her) child. Parents must apply for eligibility after the conclusion of the leave period.
Employees will qualify for the program if they have worked for the employer for at least 30 days for at least 20 hours per week and have earned at least $2,650 during the employee’s highest-earning four of the last five completed calendar quarters or $7,200 annually. Employers will be required to pay tax contributions that support the program.
So why provide this overview of the new bill? This program is set up to be rather expensive for our Arizona businesses.

Paternity Leave Resources and Programs for Dads

As a father, you don’t have to navigate the complexities of Arizona paternity leave laws alone. There are several resources available to support you in understanding your rights under the law and taking full advantage of any benefits that may be available to you. The Arizona Department of Economic Security is your primary state agency for information about paternity leave. Through their Child Support Services program, you can find information about FMLA, Arizona state laws, and filing for child support. The agency also maintains a list of community-based resources for fathers and newly expectant parents including support groups, parenting workshops, and counseling services. You’ll also find specific phone numbers, offices, and resources devoted to supporting fathers in Maricopa County, Pinal County, Pima County, and Yuma County. FathersAgain is an Arizona-based organization devoted to empowering and supporting fathers and families . Their website features resources on everything from shared parenting and child development to the impacts of divorce and what it means to be a father in today’s society. You’ll also find links to newsletters and other publications, conferences, and community events as well as resources for getting involved in New Father Project classes and Mentor Father programs. FathersAgain also provides support for fathers with special needs children and provides scholarships to local students in the Phoenix area. While the law may offer few formal protections for new fathers, you do have rights to take job-protected leave through FMLA, and state law requires employers to grant time off for bonding with children within certain limits dictated by your employment contract. Family leave policies can vary between Arizona companies, so consult your HR department for information specific to your employer.