State-by-State Guide to Maternity Leave in the United States

Maternity leave in the United States is primarily governed by the Family and Medical Leave Act (FMLA), a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for the birth or adoption of a child, or to care for a family member with a serious health condition. This minimum standard ensures that employees have access to unpaid family leave, but it does not guarantee paid leave.

Here’s a closer look at maternity leave laws across the US.

The role of state maternity leave laws

In addition to federal laws, many states have their own maternity leave laws that may provide additional protections or benefits. These state laws can include paid family leave, extended leave durations, and lower eligibility requirements. Some states are known for their more comprehensive maternity leave policies, offering paid family leave to eligible employees, and others have legislation in the works to expand their programs.

Maternity leave laws by state

Comparing maternity leave benefits across states

States with paid family leave programs

While the federal FMLA provides up to 12 weeks of unpaid leave, states like California, New Jersey, New York, Rhode Island, and Washington offer paid family leave systems that include maternity leave. These states provide partial wage replacement, making it easier for employees to take time off to bond with a new child.

California

California’s Paid Family Leave (PFL) program offers financial assistance to new mothers, fathers, and adoptive or foster parents who need to take time off to bond with a new child.

Eligible individuals can receive benefits for up to eight weeks, which are calculated to be about 60 to 70 percent of their weekly wages earned 5 to 18 months prior to the start of their claim. It's important to note that while PFL provides financial benefits, it does not ensure job protection.

However, job protection might be available under other laws such as the FMLA or the California Family Rights Act. For convenience, applicants are advised to apply online, and they can choose to receive their payments via direct deposit, debit card, or check.

Colorado

Colorado's Family and Medical Leave Insurance (FAMLI) program offers paid leave for workers to manage significant life events.

Eligible employees can take up to twelve weeks of paid leave per year for various reasons including bonding with a new child, caring for a serious health condition of themselves or a family member, dealing with a family member’s military deployment, or addressing issues related to domestic violence or sexual assault. In cases of pregnancy or childbirth complications, up to sixteen weeks of leave may be granted.

Most employees in Colorado who have earned at least $2,500 USD in wages within the state over the last four calendar quarters are eligible. Self-employed individuals, such as 1099 or contract workers, can also opt into the program provided they live and work in Colorado. The program is funded through premium contributions from both employers and employees

Connecticut

Connecticut's Paid Family and Medical Leave Act Program (PFMLA) provides eligible workers with up to 12 weeks of paid leave within a 12-month period for bonding with a newborn or a newly adopted or fostered child. Additionally, pregnant employees who are unable to work due to a serious health condition related to pregnancy may qualify for an extra 2 weeks of paid leave, totaling up to 14 weeks.

To qualify for these benefits, individuals must be currently employed in Connecticut or have been employed in the state within the last 12 weeks before applying. Eligibility also requires having earned at least $2,325 during the highest quarter of the first four of the last five completed calendar quarters. The program covers most workers who receive a W-2 Form, including student workers, visa holders, part-time workers, and seasonal employees.

The payment benefits are structured to provide approximately 95% of an employee's weekly paycheck if they earn at the Connecticut minimum wage level. For earnings above the minimum wage, the benefit rate includes 95% of the minimum wage plus 60% of the amount earned over this threshold.

The maximum weekly benefit amount is capped at $941.40 as of January 1, 2024. Benefits are disbursed via Electronic Benefits Transfer (EBT) or debit card every Tuesday, with payments made two weeks in arrears.

Massachusetts

In Massachusetts, maternity and parental leave are governed by the Paid Family and Medical Leave (PFML) program, which provides paid leave for various family or medical reasons.

Under PFML, employees are entitled to up to 26 weeks of combined family and medical leave per benefit year. Specifically for bonding with a new child—whether through birth, adoption, or foster placement—employees can take up to 12 weeks of paid family leave. The benefit year is defined as the 52 consecutive weeks beginning on the Sunday before the employee’s first day of leave.

To be eligible for PFML, most employees in Massachusetts must meet a minimum earnings requirement as determined by the Department of Unemployment Assistance (DUA). Self-employed individuals have the option to participate by enrolling through MassTaxConnect. Additionally, some employers are not automatically covered but may choose to opt-in to the program.

The amount of benefits an employee receives under PFML is calculated based on their average weekly wage relative to the state average weekly wage. For the year 2024, the maximum weekly benefit amount is $1,149.90, which will increase to $1,170.64 in 2025. Employees can utilize a benefits calculator available online to estimate their potential weekly benefits.

New Jersey

In New Jersey, Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) both offer financial support for paid maternity leave, but they serve different purposes.

TDI provides 10-12 weeks of cash benefits for individuals who need to stop working due to pregnancy-related conditions or while recovering from childbirth, focusing on the period of physical recovery when you are unable to work. FLI, on the other hand, offers up to 12 weeks of cash benefits for parents to bond with their new child before the baby's first birthday, emphasizing the importance of early bonding time.

New York

New York State's Paid Family Leave (PFL) program provides job-protected paid time off to employees for various family-related reasons. Employees are eligible if they work for a private employer or public employer who has opted in, and have worked at least 26 weeks for that employer (or at least 175 days for part-time workers).

Leave can be taken for caring for a newborn, adopted, or foster child; for caring for a family member with a serious health condition; or for assisting loved ones when a family member is called to active military duty.

Eligible employees can take up to 12 weeks of leave at once or in full-day increments, with benefits offering 67% of the employee's average weekly wage, up to a cap. The program also ensures job protection, allowing employees to return to their jobs or a similar position after taking leave. Funding for the program comes from employee payroll contributions.

Oregon

In Oregon, the Paid Leave Oregon program offers maternity and parental leave benefits. To be eligible for these benefits, employees must work in Oregon and have earned at least $1,000 in their base year prior to applying for leave.

This includes full-time, part-time, and seasonal workers, as well as those employed by multiple employers. Self-employed individuals, independent contractors, and Tribal governments are not automatically covered but may opt into the program. Federal government employees, judges, public officials, and elected officials are not eligible for Paid Leave benefits.

Employees under this program can take up to 12 weeks of paid leave within a 52-week period. This can be extended to 14 weeks if there are pregnancy-related conditions. During their leave, employees receive financial payments. Additionally, employers are required to protect the jobs of employees who have been employed for more than 90 consecutive days, ensuring they can return to their roles if the position still exists.

Rhode Island

Rhode Island's Temporary Caregiver Insurance (TCI) program offers up to four weeks of leave with partial wage replacement benefits for workers who need to care for a seriously ill family member or bond with a new child.

The benefits are calculated similarly to Temporary Disability Insurance (TDI) benefits, providing a 60% wage replacement. The weekly benefit rate is determined as 4.62% of the wages paid in the highest quarter of the Base Period, with a maximum of $795 per week and a minimum of $84 per week, not including any dependency allowance.

To be eligible for TCI, workers must have earned wages in Rhode Island, contributed to the TDI/TCI fund, and met specific earnings requirements. Most individuals working in Rhode Island and covered by TDI are eligible, with exceptions for certain federal, state, and municipal employees, as well as partners and non-incorporated self-employed workers.

Washington

Washington State's Paid Family and Medical Leave program provides employees with paid time off for various reasons, including maternity and parental leave.

Employees are generally eligible for up to 12 weeks of paid leave per year. If an employee experiences more than one qualifying event in a year, such as giving birth and then bonding with the new child, they may be eligible for up to 16 weeks of leave. In cases related to pregnancy or birth complications, this can extend to up to 18 weeks.

Employees can receive up to 90% of their weekly pay during their leave, with the amount capped at a maximum weekly benefit. For the year 2024, the maximum weekly benefit amount is $1,456.

To qualify for paid leave, employees must have worked at least 820 hours during their qualifying period, which can be accumulated across one or multiple jobs. Qualifying events for paid leave include serious health conditions, the addition of a new child to the family, and certain military-related events. However, some workers, such as federal employees and self-employed individuals who have not opted into the program, are not eligible for this benefit.

Variations in leave duration by state

The duration of maternity leave can vary significantly by state. While the federal FMLA provides up to 12 weeks of unpaid leave, some states offer longer leave durations. For example, Connecticut provides up to 16 weeks of unpaid leave, and Rhode Island provides up to 13 weeks of unpaid leave.

States with limited or no additional protections

Many states, such as Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming, do not have state-specific maternity leave laws beyond the federal FMLA.

Employees in these states are covered by the FMLA if their employer meets the eligibility requirements. Delaware, Maryland, and Minnesota have also passed laws that will implement paid family leave programs by 2027.

Simplify leave compliance with Deel PEO

Understanding maternity leave laws across different states can be challenging for those new to hiring in the US. Deel PEO simplifies leave compliance by providing a comprehensive solution that ensures employers are compliant with federal and state maternity leave laws.

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