As the world's biggest economy, the United States of America has a lot of opportunities for entrepreneurs. From Silicon Valley to Wall Street, the country offers an environment where business owners of all industries can succeed.
Despite this, some unique challenges come with running a business in the U.S., one of the most difficult to navigate being employee leave. Maternity leave can be a confusing topic in particular, as federal and state agencies have different laws and regulations.
If you find yourself with a team member who's expecting, look no further than this article for support. We'll run down the ins and outs of maternity leave in the U.S., including qualifying factors, workers’ rights, employee benefits, and more below.
How Maternity Leave Works In the United States
The Family and Medical Leave Act (FMLA) of 1993 provides maternity leave in the United States. This federal law establishes minimum standards that employers must follow with regard to workers' requests for time off. It guarantees 12 weeks of job-protected leave for eligible employees covering everything from the birth or adoption of a child to the treatment of serious health conditions. The FMLA also covers sick leave, leave to care for a family member, and so on.
In the case of new parents, the FMLA provides unpaid leave for a period of up to 12 weeks. During this time, the employer must keep the employee’s job and health benefits coverage open. It also requires employers to restore employees to their original or equivalent positions when they return.
United States Maternity Leave Eligibility Criteria for Employees
Not all employees will qualify for protection under the FMLA, however. There are a few rules that limit its applicability to specific scenarios.
Workers are only eligible for unpaid parental leave in the United States when they:
- Have worked for a single employer for at least 12 months
- Have worked at least 1,250 hours of service with their employer during the 12 months before their desired leave
- Report to a business establishment that employs at least 50 staff within a 75-mile radius
When the U.S. Department of Labor's established criteria are met, employees have the right to claim their 12 weeks of unpaid family leave for the birth, adoption, or foster care placement of a new child into their family.
Individuals with a spouse who works for the same company are only entitled to a collective 12 weeks of unpaid parental leave. This period starts on the date of the aforementioned birth or placement and can be used at any point over the proceeding 12-month period.
United States Maternity Leave Eligibility Criteria for Employers
A worker's tenure and job location represent a factor in FMLA leave eligibility. Employers must also meet criteria to fall within the law's scope.
Covered employers under the FMLA include:
- Private sector employers with 50 or more staff members for a collective 20 or more work weeks in the current or preceding calendar year
- Federal, State, and local level public agencies, regardless of the number of staff they employ
- Local educational agencies such as school boards, public elementary schools, and secondary schools, regardless of the number of staff they employ
Do Employers Have to Pay for Maternity Leave In the United States?
While job and benefits protection is undoubtedly important for employees, it's worth emphasizing that it is not the same as Paid Parental Leave or PPL. American workers aren't entitled to paid family and medical leave for childbirth or adoption — that's something individual employers can choose to provide as part of an organizational PPL program. It isn't mandated by law like paid maternity leave in Mexico is, for example.
The only people in the United States privy to government-paid parental leave are certain federal workers, which we highlight next.
Paid Maternity Leave for Federal Workers
As of October 2020, the United States government offers up to 12 weeks of paid parental leave to qualifying federal employees under the Family and Medical Leave Act (FMLA). This is an exception to what most workers are afforded under 5 U.S.C. 6382(d), which only guarantees job and benefit security over the same three-month period.
To receive paid leave, an individual must:
- Have worked as a part-time or full-time federal employee for at least 12 months
- Submit documentation requesting paid leave
Federal employers can also ask staff to:
- Sign a work obligation form agreeing to continue work for at least 12 weeks after the paid leave concludes.
- Provide a birth certificate or document from an adoption or foster care agency validating their need for parental leave.
Application Process for U.S. FMLA Maternity Leave
The relatively limited maternity leave policy in the United States results in a straightforward application process. There is little work required on the part of employees or employers, just a simple back-and-forth exchange following the steps below.
1. Notification
The U.S. Department of Labor states that employees must provide their employer with a minimum of 30 days' notice before taking FMLA maternity leave. The DOL has little direction regarding whether this heads-up needs to be in writing, although most businesses consider it best practice.
On the other side of the relationship, companies are expected to display a general notice outlining the FMLA's provisions and what concerned individuals can do to file a complaint in their office space.
2. Employer Response
Employers are obligated to respond within five days of receiving some form of clear notice about their staff member's intent to take FMLA maternity leave. The response must specify either approval or a denial of the employee's leave request. It should also include any additional information that may be required for paperwork, such as how and where to submit it.
3. Certification
Businesses may request that leave applicants supply proof of their reason to take leave, which is a letter of certification from a health care provider in the case of pregnancy. This isn't an excuse to delay the process, though — workers have at least 15 calendar days to submit their certification.
The U.S. DOL website has several helpful forms employees and employers can use to facilitate the FMLA leave application process.
State Maternity Leave Laws In the US
Do employers have to pay for maternity leave in the United States? Not at the federal level. But that doesn't mean they can't or shouldn't. Many companies decide to implement some form of wage insurance for staff who need extended time off for significant life events like the birth of a new child.
Some state governments recognize the socioeconomic impact paid parental leave can have, with 12 jurisdictions either already having or preparing to implement a local program as of 2023. These initiatives act as an additional layer of coverage on top of what the federal level already provides.
Because they're government-administered, employers of staff in states with paid parental leave don't need to worry about the cost or workload associated with such programs. However, a tax needs to be factored into payroll in some cases.
Read below for a breakdown of what American states currently offer in terms of paid parental leave.
Maternity Leave in California
The State of California operates a special Paid Family Leave (FML) program that tops up what parents are already provided under the federal FMLA. Qualifying individuals can receive benefit payments of 60 to 70 percent of their weekly wages based on the amounts earned 5 to 18 months before maternity leave. This coverage lasts for up to eight weeks and is administered on the state level through California's Employment Development Department (EDD).
Maternity Leave in Colorado
Colorado recently became one of a select number of U.S. jurisdictions to implement paid maternity leave under its new Paid Family and Medical Leave Insurance (FAMLI) program. Effective as of January 1st, 2023, the state-run initiative gives eligible workers a standard twelve weeks of paid time off or up to 16 weeks for complex pregnancy and childbirth.
Maternity Leave in Connecticut
Connecticut's Paid Family and Medical Leave Act (PFMLA) offers residents up to twelve weeks of paid maternity leave with the possibility of extending that coverage by an additional two weeks in cases where a mother is incapacitated. Like federal leave, this time off can be claimed at any time during a defined 12-month period. The main difference is that it is compensated and managed by the CT Paid Leave Authority rather than the U.S. Department of Labor.
Maternity Leave in Delaware
Signed by Delaware Governor John Carney in 2022 and slated for implementation at the beginning of 2025, the Healthy Delaware Families Act will give qualifying Delawareans 12 weeks of paid time off per year. The program supports up to 80% of an employee's regular wages up to a maximum of US $900 per week and applies to both expectant mothers and families who are adopting a child under six years of age.
Maternity Leave in Massachusetts
Massachusetts affords its residents a collective 26 weeks of paid family or medical leave per benefit year. That's a lot compared to other U.S. states; however, it is not divided equally. Individuals can only claim up to 12 weeks of time off for childbirth, adoption, or placement. Mothers dealing with serious medical conditions or complications as a result of pregnancy can take as much as 20 weeks away from work.
Maternity Leave in Maryland
The Maryland Judiciary implemented a Parental Leave program in 2019. It gives employees 60 days, or roughly two months, of paid leave upon giving birth to or adopting a child. Similarly to Colorado, the state will also be launching its own Family and Medical Leave Insurance (FAMLI) initiative in 2026, which will guarantee eligible working parents payments of up to US $1,000 a week for up to 12 weeks.
Maternity Leave in New Jersey
The State of New Jersey expands the federal government's length of unpaid leave protection to a total of 24 weeks. Mothers can take it during both pregnancy and recovery periods and manage related serious health conditions or bond with their new child.
The state's Family Leave Insurance (FLI) program further bolsters what the U.S. Department of Labor provides with up to 12 weeks of partial wage (85% of a worker's average wage to a maximum of US $1,025 per week) payments.
Maternity Leave in New York
New York State doesn't have an official maternity leave program, although it does offer Paid Family Leave. As detailed on the ACCESS NYC website, working individuals can request 12 weeks of time off work to handle things like pregnancy and childcare. The 12 weeks can be taken in parts throughout the year but must be quantified by full days.
Paid Family Leave substitutes 67% of an individual's average weekly wage while also maintaining job security, insurance benefits, and protection from discrimination or retaliation. The Wage Benefit Calculator is a great payroll planning tool for companies that employ in New York State.
Maternity Leave in Oregon
Oregon's local government just implemented Paid Leave Oregon, a program that provides paid time off to most workers in the state, so long as they've been in their job for 90 days or more. Supported by employer/employee tax contributions, this initiative allows for up to twelve weeks of paid leave per year, plus an extra two weeks for complicated pregnancies.
Maternity Leave in Rhode Island
Rhode Island employees whose working hours and earnings meet minimum thresholds can claim six weeks of paid leave through the Temporary Caregiver Insurance (TCI) program. It was enacted in 2014 to support not only expectant mothers with job security and income supplements but families in the process of adopting and fostering children as well.
Maternity Leave in Washington State
Washington State's Paid Family and Maternal Leave (PFML) program offers the same duration of pay coverage as many of the other U.S. jurisdictions we've covered, with a standard twelve weeks per year with the potential for a two-week extension in the case of complicated pregnancies.
It's slightly different in a way, though, as the thresholds to qualify are lower, and leave can be taken both before and after giving birth. The government supplements a generous 90% of employee wages up to a certain cap.
Maternity Leave in Washington, D.C
Not to be confused with the above mentioned West Coast state, Washington D.C. gives district residents their maternity leave entitlements under the Universal Paid Leave Amendment Act of 2016. D.C. workers can apply for two weeks of paid time off work to care for a pregnancy as well as 12 weeks to bond with a new child.
Wrapping Up
Welcoming a little one into the world is no easy feat. New parents often find themselves overwhelmed by the full-time responsibility of raising a child. At the same time, their employers struggle with the almost-as-daunting task of ensuring paychecks and benefits are kept in line with applicable labor laws. Hopefully, this article has shed some light on the basic principles of maternity leave in the U.S. and how it applies to your company’s policies.
Looking for comprehensive support when hiring in the US? Borderless can help. Speak with one of our US labor law experts today.
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