William & Mary Journal of Race, Gender, and Social Justice
Abstract
The United States is the only industrialized country in the world that does not guarantee its citizens paid parental leave. While the Family and Medical Leave Act provides some employees up to twelve weeks of unpaid leave, its limitations leave most American parents without adequate support. In the absence of a national paid parental leave system, states are stepping in, enacting laws that provide fully or partially paid parental leave. Private employers are also offering paid parental leave in increasing numbers. Despite these efforts, only 27 percent of private-sector American employees have access to paid parental leave.
Men taking paternity leave results in significant benefits, including positive impacts on gender equality, child development, and family well-being. Yet, even when men have access to paternity leave, they often fail to take full advantage of the leave provided or forgo leave entirely due to persistent gender stereotypes that no longer apply to most American families. This Article advocates for a national paid parental leave system tailored to incentivize men to take leave. In order to be successful, national legislation must guarantee parental leave that is highly paid, adequately long, and flexible.