Maternity Leave Laws by State: A Reference Guide for New Parents

Many questions about leave policies, pay, and job protection accompany the excitement of a baby's arrival. Laws and leave policies in the US vary depending on the state. Some provide more benefits than the federal Family and Medical Leave Act (FMLA).

This guide offers expecting parents an easy-to-understand overview of leave benefits and protections.

Overview of Federal Maternity Leave Laws in the US

The FMLA allows eligible employees to take up to 12 weeks (about 3 months) of annual job-protected, unpaid maternity leave for newborn childcare.

To be eligible, you must have:

Worked for their employer for at least 12 months
Worked at least 1,250 hours (about 1 month 3 weeks) of service in the 12 months before taking leave
Worked in a company with 50 or more employees.

An employee’s group health benefits must be maintained during FMLA maternity leave. Employees are also entitled to return to their same or equivalent job with equivalent pay, benefits, and other terms and conditions of employment.

Some states have additional maternity leave laws that provide more expansive benefits than FMLA. It is a good idea for expectant parents to research the laws in their state.

Many families think that the 12 weeks of unpaid FMLA leave is not enough. There is a debate about implementing a paid parental leave policy in the U.S. to support new parents during their time of need.

Maternity Leave Laws by State

Some states are quite progressive, while others lag. Here is an overview of four major states with maternity leave laws:

California

California is known for its generous family leave policies. The state offers 52 weeks of disability leave and an additional 12 weeks of paid family leave for new parents. Dads can also take up to 6 weeks off. Plus, parents keep their health insurance and job protection while on leave.

Florida

Florida does not mandate paid maternity or family leave, but the FMLA gives new parents 12 weeks of unpaid leave. Parents can use accrued paid time off and keep their health insurance during the leave.

New York

New York offers up to 8 weeks of paid family leave for new parents at 50% of their average pay. The policy increased to 12 weeks at 67% in 2021 and includes health insurance and job protection.

Colorado

Colorado has no state law for maternity or family leave. Parents can get 12 weeks off without pay through FMLA, but there is no assurance of benefits or pay. Despite attempts to pass one, no paid family leave bill is signed into law yet.

Here are other states with their maternity leave policies:

Massachusetts: Allows up to 8 weeks of paid family leave.
Washington: Offers Paid Family and Medical Leave for up to 12 weeks.
Rhode Island: Provides Temporary Caregiver Insurance (TCI) for up to 4 weeks.
Oregon: Offers Paid Family and Medical Leave for up to 12 weeks.
Texas: Does not have a state-level paid maternity leave policy, relying on federal FMLA.
Illinois: Offers up to 12 weeks of unpaid leave through the Family Military Leave Act.
New Jersey: Provides Family Leave Insurance (FLI) for up to 12 weeks.

Paid Maternity Leave Programs

Only California and New York have paid family leave programs. California offers Paid Family Leave (PFL). This program allows new parents up to six weeks of getting some of their wages covered and health insurance. Similar benefits exist in New York City and San Francisco but require a higher wage than the federal minimum.

Benefits of Paid Maternity Leave

Financial Security: Paid maternity leave helps new parents get through the first few months of being pregnant without worrying about money.
Bonding Time: New parents take time away from work to spend with their family during this special time in their lives.
Health Recovery: Childbirth is physically demanding and affects the mother’s health. Paid maternity leave lets the mom rest and recover without worrying about going back to work.
Employee Retention: Employees with access to paid leave are more likely to stay with the company longer. Paid maternity leave shows employees that the company values them.
Supports Career Continuity: Paid maternity leave benefits women and companies by retaining skilled and experienced employees. It also helps women keep their career progression without sacrificing work and family responsibilities.

Preparing for Maternity Leave

Planning for maternity leave needs time and consideration to ensure a smooth transition from work to personal time off. Here are some tips to prepare for maternity leave:

Know Your Company’s Leave Policies.

Check the employee handbook or manual to gather details regarding maternity leave policies. Communicating with the HR department is also important for a better understanding of the qualifications, requirements, and arrangements for the leave.

Plan Early

Notify your employer about your pregnancy and your intention to take leave at least 30 days in advance when possible. Early notification will give employers time to make necessary arrangements and ensure a more seamless transition.

Check Eligibility

Find out if you qualify for FMLA and state-level maternity leave programs. Check the requirements and timelines to ensure eligibility for the benefits.

Financial Planning

Assess your financial situation to know how long you can take leave. Companies offer paid maternity leave but some do not.

Delegate Task

Arrange for the tasks and projects you will leave behind. Coordinate with teammates and supervisors to have a smooth transition.

Consider Flexible Work Arrangements.

Discuss flexible work arrangements like remote work or part-time if possible.

Conclusion

New parents have many options for taking time off work to care for a child. Requirements and benefits vary depending on state and employer. Understanding maternity leave options in your state is crucial for new parents.

The US is behind other countries, but many states have improved leave laws. Researching available benefits is worth the effort for better outcomes. For more help on where to start, Salary.com offers a wide range of helpful products.