What is maternity leave?

Maternity leave gives mothers the opportunity to take paid or unpaid leave following the birth or adoption of a child.

When a new baby comes into the family, it often affects everyone, not just the person who gave birth. Both parents may need to adjust their routines, provide support and share caregiving tasks, which can impact their emotional and physical wellbeing.

As a result, some organizations are replacing the term “maternity leave” with parental leave, caregiver leave or family leave. This makes paid or unpaid leave accessible to the other parent. Maternity leave is also a gendered term, so parental leave and family leave are more inclusive for all caregivers, regardless of gender, allowing any parent or guardian to take time off to care for their child or family member without reinforcing traditional gender roles.

Getting started with maternity leave policies

Before you craft a policy on maternity leave, consider your legal obligations, determine who’s eligible and decide whether to offer paid or unpaid time off.

1. Legal requirements

According to the Family Medical Leave Act, employers may be required to provide up to 12 weeks of unpaid leave for the birth of a child, the adoption of a child or the placement of a foster child. An employee must satisfy the following three requirements to qualify for FMLA leave:

• Work for a covered employer for at least one year
• Complete at least 1,250 hours of service within the 12 months preceding their leave
• Work at a location that has at least 50 employees within a 75-mile radius

The FMLA doesn’t generally cover private-sector employers unless they have at least 50 employees who worked for a minimum of 20 workweeks within the previous or current calendar year. 

As of 2024, 13 states require paid family and medical leave programs. Eight states allow employers to buy paid leave insurance from private insurers, but they don’t require paid maternity leave. In the rest of the country, it’s generally up to individual employers whether they want to offer paid leave for new parents.

2. Eligibility

Maternity leave is traditionally for mothers, but non-birthing parents are an essential part of a child’s development. You may want to combine maternity and paternity coverage in a comprehensive parental or caregiver leave program. If you’re subject to the FMLA, you may be required to cover all employees who meet the eligibility requirements. The same principle applies if you’re covered by a statewide law requiring you to offer paid parental leave.

If you’re not subject to any law requiring paid or unpaid leave for new parents, think carefully about these eligibility requirements:

• Minimum tenure (e.g., six months)
• Hours of service requirements
• Employment status (e.g., full-time or part-time)

3. Type of leave

Finally, consider the pros and cons of offering paid maternity leave vs. unpaid maternity leave. According to the American Psychological Association, paid leave has mental and physical health benefits, especially for employees in low-income households. If employees can take leave without worrying about losing income, they may be more productive when they return to work.

If you offer paid leave, you may find it easier to retain quality employees, leading to a reduction in your recruiting costs. High retention rates make it easier to engage in effective succession planning, as experienced employees tend to have in-depth knowledge of internal processes and procedures.

Tips for implementing maternity leave in your workplace

When you’re ready to roll out your parental leave program, consider these tips to help make it as successful as possible.

1. Accommodate parents in a variety of situations to ensure inclusivity

To promote equity, consider making sure your leave program covers single parents, same-sex couples, adoptive parents and foster parents. Families come in all shapes and sizes, so creating a comprehensive policy can help prevent some employees from feeling left out. Another way to increase inclusivity is to use the term “parental leave” or “caregiver leave” instead of the more traditional maternity leave.

2. Develop a clear procedure for requesting parental leave

To avoid confusion, be clear about how employees should request leave and how much notice they must provide. If your company is covered by the FMLA, team members must generally give at least 30 days’ notice when the need for leave is foreseeable. If the employee experiences a pregnancy complication, however, they may be able to take parental leave without giving 30 days’ notice. Consult an experienced attorney for guidance.

Consider having employees submit leave requests in writing to prevent misunderstandings about when they gave notice or how long the leave is expected to last. If possible, provide standard forms to make it easy for employees to fulfill this requirement.

3. Make the transition as easy as possible

Parental leave is supposed to benefit employees, not cause them added stress. To make the experience positive, create a transition plan well before an employee’s leave begins. Having a solid plan can help team members disconnect from work instead of wondering if they’ll have hundreds of unread emails or a stack of incomplete projects when they return.

When an employee’s leave ends, make it as easy as possible for them to return from work. If the employee recently gave birth, provide a private space for pumping breast/chest milk if needed. It’s also helpful to have a private space for non-birthing parents who want to call home and check on their new additions.

On the employee’s first day back to work, have a meeting to review what happened in their absence. Bring them up to speed on important projects, summarize the content of recent meetings and let them know if there’s anything urgent that needs their attention. Plan to offer additional support to employees who struggle to balance work with their new family responsibilities. If you have an employee assistance program (EAP), encourage team members to use it.

FAQs about maternity leave and other types of leave for new parents

What are some alternatives to maternity leave?

Alternatives to maternity leave include parental leave, which supports both birthing and non-birthing parents and family leave, which accommodates care for various family members. Adoption and foster care leave specifically address the needs of those welcoming children into their families.

Flexible work arrangements, compassionate leave and wellness leave provide additional support for managing responsibilities and wellbeing during this significant life transition. These options foster inclusivity and recognize the diverse roles of all caregivers.

Are there any federal laws requiring paid maternity leave?

No federal law requires all employers to offer paid maternity leave. However, the Federal Employee Paid Leave Act makes 12 weeks of paid leave available to federal employees who meet the FMLA eligibility guidelines.

Employees may be able to use this leave for the birth of a child, the adoption of a child or the placement of a foster child.

Should you offer flexible work schedules immediately following maternity leave?

Offering flexible work schedules makes it easier for employees to transition back to work after several weeks or months of leave. If you have the resources to accommodate flexible schedules, consider allowing employees to work half-time for at least a week. Make sure each employee has plenty of support during the transition period.