What is maternity leave?
Maternity leave is defined as the period of time away from work surrounding the addition of a child to a family, whether through childbirth or adoption. Most commonly, a person has 12 weeks of maternity leave in a twelve-month period. In some situations and localities, maternity leave may be extended under pregnancy disability and sick child laws. Many companies elect to offer comprehensive paid maternity leave in their benefits packages.
When to take maternity leave
Most people choose to wait until right before a birth to take their leave. This allows for the most time with the new baby. But sometimes, medical circumstances cause people to take leave prior to 36 weeks. Occasionally, states may offer job protection surrounding maternity leave for up to two years after a birth or adoption, but typically employees are only covered for 12 months.
Federal family leave laws
The Family and Medical Leave Act (FMLA) guarantees 12 weeks of unpaid leave for workers with the continuation of healthcare insurance. This helps ensure a person is able to return to their original or a similar position when they return to work. This protection lasts until one year from the date of birth or adoption.
Maternity leave laws by state
Here are 22 states that offer additional maternity leave protection in addition to the rules set forth by FMLA.
Alaska
The Alaska Family Leave Act (AFLA) provides job security for up to 18 weeks following childbirth, adoption or a qualified serious medical condition.
Arkansas
Eligible state employees who have been in their position longer than one year may take up to four weeks of paid maternity leave.
California
California employees that have worked for a company for at least one year and 1,250 total hours qualify for 12 weeks of unpaid Pregnancy Disability Leave (PDL). The rule applies to companies with five or more employees. Workers can apply for eight weeks of Paid Family Leave through the state, and employers can contribute to temporary disability insurance .
Connecticut
Connecticut has paid maternity leave laws that include self-employed individuals. All businesses are required to participate, and sole proprietors must remain enrolled for three years to qualify. All employees of a company who have earned at least $2,325 in their highest earning past quarter qualify, assuming they have worked in the past 12 weeks.
Delaware
Eligible executive branch state employees, including school officials, may be eligible for 12 weeks of paid leave within one year after a birth or adoption.
Georgia
State employees, teachers and school employees may qualify for up to three weeks of paid maternity leave under the Georgia Kin Care law. Private employees are entitled to use up to five days of their sick leave towards the care of a new child.
Iowa
Iowa companies with 15 employees or more must offer eight weeks of unpaid leave and operate under state pregnancy discrimination laws.
Kansas
Kansas state employees may be eligible for eight weeks of paid maternity leave.
Louisiana
Companies with more than 25 employees in Louisiana must offer the same unpaid maternity leave rights as outlined in the FMLA.
Maine
In Maine, those working for a company with fewer than 49 employees are eligible for two weeks of paid maternity leave. Large companies employing 49 or more employees must offer four weeks of paid leave.
Massachusetts
MA maternity leave guarantees an employee eight weeks of unpaid time off when they work for a company with six or more employees.
Minnesota
Companies with 21 or more employees must abide by the FMLA standards of 12 weeks unpaid maternity leave for their workforces.
Montana
Montana allows pregnant workers to take a reasonable amount of leave time, using sick pay if they have any accrued. This law applies to all employers.
New Hampshire
State employees are eligible to receive up to 60% of their usual salary for 12 weeks during maternity leave. They can only use this benefit once per year.
New Jersey
While NJ does not stray from FMLA standards, they do offer a pregnancy disability program for those in need of income during their unpaid leave. Qualified workers can receive up to 85% of their wage for 12 weeks with Family Leave Insurance. The program is funded through payroll deductions, not employer contributions.
New York
New York State Paid Family Leave provides employees with eight weeks of paid leave in addition to the 12 weeks of unpaid federal leave. Most private employers are required to purchase paid family leave insurance. Paid leave is available for full and part-time employees who have worked at least 175 days.
Rhode Island
In Rhode Island, employees can take 13 weeks of unpaid leave within two years of a birth or adoption. The state offers up to five weeks of wage replacement during medical events, including adoption or the birth of a child, with employee-payroll-funded Temporary Caregiver Insurance (TCI).
Oregon
The Oregon Family and Medical Leave Act (OFLA) offers 12 weeks of unpaid leave, with an additional 12 weeks for pregnancy disability or sick child leave if needed. Companies that employ 25 or more people in Oregon are required to offer this benefit. Employees qualify by working at least 25 hours a week for 180 days prior to requesting leave.
Tennessee
Members of companies with more than 100 employees are eligible for up to four months of unpaid maternity leave.
Vermont
Companies that employ more than 50 in Vermont must offer 12 weeks of unpaid maternity leave, even in situations where the company may not be required to under the FMLA rules.
Washington
Washington has an employer-funded Paid Family and Medical Leave Act. Every company must participate, but companies with fewer than 50 employees don’t need to pay premiums. Employees can pay into the program. If you have employees in Washington, you need to submit reports and payments quarterly.
Washington D.C.
Workers in D.C. may qualify for two weeks of paid pregnancy leave and six weeks postnatal paid leave.
Paid maternity leave by state FAQs
Is it possible to work for another company while on paid maternity leave?
Yes, continuing any work activities for any company is allowed under FMLA policy.
Can a person sue for wrongful termination if fired when pregnant?
The Pregnancy Discrimination Act (PDA), enforced by the EEOC, forbids discrimination due to pregnancy. While many states hold specific antidiscrimination laws revolving around pregnancy, such as Iowa, a former employee may be able to sue in the civil courts of any state for wrongful termination if they believe it is applicable to their case.
Are any states considering offering paid family leave for private employees?
Oregon expects to have passed paid family leave laws by 2023, followed by Delaware in 2024. Currently, four states and one federal district offer employer-funded paid maternity leave: Connecticut, Maine, New York, the state of Washington and Washington D.C. Some states offer maternity-specific state benefits programs to new parents postpartum: New Jersey, California and Rhode Island.
Does every company have to participate in FMLA?
FMLA applies to every business in the US with more than 49 employees. Many states don’t have maternity leave policies in place outside of FMLA, but businesses in those states are still bound to federal regulations.
