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Statutory paternity leave is guaranteed by law and allows fathers to take time off work for the birth or adoption of a child. Many countries offer paid leave, while in the US, fathers can take up to 12 weeks of unpaid leave under FMLA. Leave rules and requirements vary by state and country.
Statutory paternity leave refers to the right to paternity leave guaranteed by federal or state law. Paternity leave refers to the right to take time off work upon the birth or adoption of a child. Statutory law refers to written and codified law, as opposed to case law in common law systems.
Some form of statutory paid paternity leave exists in many countries and jurisdictions. In most of these countries, the right to leave has been granted by the legislator, not by jurisprudential law. For this reason, the law is referred to as statutory law and the laws are published in the official law books or codes of the country.
For example, in Argentina, a new father is entitled to two days of paid paternity leave. In the Bahamas, an individual is eligible for up to one week of any type of family leave, which can be used for paternity leave. Five days of paid paternity leave are available in Brazil; in Canada two weeks of unpaid leave is the norm in most provinces; one day of paid paternity leave is allowed in Chile; in Colombia, four to eight days; in Guatemala, two days before the birth of a child; in Paraguay, two days; and in Uruguay, three days only for civil servants.
In the United States, employers do not require paid paternity leave by law. Instead, fathers-to-be are allowed to take up to 12 weeks of unpaid leave under the Family Medical Leave Act (FMLA). FMLA is a federal law passed in 1993.
Statutory paternity leave exists to protect a father’s right to stay at home with his newborn child for a specified amount of time. During this period, the father’s work is protected, even if the leave is unpaid. For example, under the FMLA, the individual must be able to return to their workplace at the end of the leave and must not suffer any negative consequences to their career as a result of the leave.
Paternity leave rules and paternity leave requirements also vary by state. In most countries that offer statutory paternity leave, leave is granted to fathers whose wives have had children and also to fathers who have adopted young children. Rules on childbirth from one wife vary from country to country.
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