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Maternity Leave

Leave for birth mothers before and after childbirth

Typical Duration:6-12 weeks, though some employers offer up to 16-20 weeks

Paid vs Unpaid:Federally unpaid (FMLA)

What is Maternity Leave?

Maternity leave is time off from work for mothers before and after the birth of a child. In the United States, there is no federal requirement for paid maternity leave, but FMLA provides up to 12 weeks of unpaid, job-protected leave for eligible employees. Many states have enacted paid family leave programs that provide wage replacement during maternity leave.

Federal Requirements

FMLA provides 12 weeks of unpaid, job-protected leave for eligible employees at covered employers (50+ employees). Pregnancy Discrimination Act prohibits discrimination based on pregnancy.

State-by-State Requirements

CaliforniaUp to 4 weeks pregnancy disability + 8 weeks paid family leave (60-70% wage replacement)

New York12 weeks paid family leave at 67% of wage (up to state average weekly wage)

New Jersey12 weeks family leave insurance at 85% of wages

Washington12 weeks paid family leave at up to 90% of wages

Massachusetts12 weeks paid family leave at 80% of wages

Colorado12 weeks FAMLI at up to 90% of wages (starting 2024)

Connecticut12 weeks paid leave at 60% of wages

Oregon12 weeks paid leave at 100% for low earners (sliding scale)

Rhode Island4 weeks TDI + 6 weeks TCI

View complete state leave laws →

Eligibility Requirements

•FMLA: 12 months employed, 1,250 hours worked, employer has 50+ employees within 75 miles
•State programs vary - some cover all employees, others have waiting periods
•Short-term disability may cover pregnancy-related medical leave

Employer Obligations

⚠️Provide FMLA leave if employer is covered
⚠️Maintain health insurance during leave
⚠️Restore employee to same or equivalent position
⚠️Not discriminate based on pregnancy (Pregnancy Discrimination Act)
⚠️Provide reasonable accommodations for pregnancy-related conditions

Employee Rights

✓Job protection during FMLA leave
✓Continuation of health benefits
✓Return to same or equivalent position
✓Protection from discrimination or retaliation
✓Right to pump breast milk at work (PUMP Act)

Best Practices for Employers

💡Offer paid maternity leave beyond legal minimums to attract talent
💡Create clear return-to-work transition plans
💡Provide lactation support and pumping accommodations
💡Allow flexible return options (part-time transition)
💡Train managers on pregnancy discrimination laws

Frequently Asked Questions

How long is maternity leave in the US?

There is no federal paid maternity leave. FMLA provides 12 weeks unpaid leave for eligible employees. State programs and employer policies vary widely, typically ranging from 6-16 weeks.

Is maternity leave paid?

Federal FMLA leave is unpaid. However, 13+ states have paid family leave programs, and many employers offer paid maternity leave as a benefit. Short-term disability insurance may also provide income during medical recovery.

Can I be fired while on maternity leave?

If you qualify for FMLA, your job is protected during leave. You cannot be fired for taking FMLA leave or for being pregnant. However, if layoffs or performance issues unrelated to pregnancy occur, termination may be possible.

When should I tell my employer I'm pregnant?

There is no legal requirement for when to disclose pregnancy. Many employees wait until after the first trimester. Give enough notice (typically 30 days for FMLA) for your employer to plan coverage.