In the state if North Carolina what rights do I have as a father for Paternity Leave?

In certain circumstances you may be eligible for leave under the FMLA which provides time from work to care for your child and/or spouse after child birth.  There are a number of requirements including that the employer have at least 50 employees (within a 75 mile radius) and that you have worked for the employer for at least a year.  There are other requirements as well.  I suggest that you contact an experienced North Carolina employment attorney to discuss this matter further if you believe that the requirements above are met in your case.

If you are covered by the FMLA (worked full time for last 12 months and employer has at least 50 employees at your work site), then you would be entitled to this leave under the FMLA.  If you do not meet this criteria and are not covered under the FMLA, you should check your state laws to see if there is a statute that allows you to take this time off.  Finally, if your employer allows female employees to take maternity leave, or allows others to take a similar period of leave for caring for their own family members, you might have a discrimination claim for gender discrimination.  Your employer can not deny you this leave simply because it may feel that men should not get paternity leave while giving other employees leave in analogous situations.  Speak to an attorney in your state who can review these options with you.