Article
6 min read
State-by-State Guide to Maternity Leave in the United States
PEO
Legal & compliance

Author
Shannon Ongaro
Last Update
June 10, 2025
Published
October 10, 2024

Key takeaways
- The Family and Medical Leave Act (FMLA) is the primary federal law governing maternity leave in the US, providing up to 12 weeks of unpaid, job-protected leave for eligible employees.
- Some states, such as California and New Jersey, offer more comprehensive maternity leave policies, including paid family leave.
- Many states do not have specific maternity leave laws beyond the FMLA, while others provide extended protections or different eligibility requirements.
Navigating maternity leave in the US is complex, even for seasoned HR professionals. While the federal Family and Medical Leave Act (FMLA) offers up to 12 weeks of unpaid, job-protected leave, state-level policies vary widely.
At Deel, we’ve seen how these regulations can impact workforce planning and employee experience. With this guide, you can better understand the nuances, eligibility rules, and practical tips for managing maternity leave across the US.
With Deel’s expertise in HR and payroll compliance, you can confidently build competitive benefits programs and stay ahead of changing regulations, no matter where your team is based.
What is maternity leave in the US?
Maternity leave in the United States refers to the time a mother takes off from work for the birth, adoption, or care of a new child. However, unlike many other developed nations, the US does not mandate paid maternity leave at the federal level. The structure of maternity leave depends on a mix of federal laws, state programs, and employer policies.
How does maternity leave work in the US?
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 Medical Leave (PFML), 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.
US maternity leave laws by state
State | Law | Duration | Paid or Unpaid | Payment Source |
---|---|---|---|---|
Federal | FMLA | Up to 12 weeks | unpaid | not applicable |
Alabama | FMLA | Up to 12 weeks | unpaid | not applicable |
Alaska | FMLA | Up to 12 weeks | unpaid | not applicable |
Arizona | FMLA | Up to 12 weeks | unpaid | not applicable |
Arkansas | FMLA | Up to 12 weeks | unpaid | not applicable |
California | Paid Family Leave | Up to 8 weeks | paid | State Disability Insurance (SDI) |
Colorado | Paid Family and Medical Leave Insurance | Up to 12 weeks | paid | Family and Medical Leave Insurance Program |
Connecticut | Paid Family Leave | Up to 12 weeks | paid | Paid Family Leave Authority |
Delaware | Paid Family Leave | Up to 12 weeks | paid | LaborFirst |
Florida | FMLA | Up to 12 weeks | unpaid | not applicable |
Georgia | FMLA | Up to 12 weeks | unpaid | not applicable |
Hawaii | Hawaii Family Leave | Up to 4 weeks | unpaid | not applicable |
Idaho | FMLA | Up to 12 weeks | unpaid | not applicable |
Illinois | FMLA | Up to 12 weeks | unpaid | not applicable |
Indiana | FMLA | Up to 12 weeks | unpaid | not applicable |
Iowa | FMLA | Up to 12 weeks | unpaid | not applicable |
Kansas | FMLA | Up to 12 weeks | unpaid | not applicable |
Kentucky | FMLA | Up to 12 weeks | unpaid | not applicable |
Louisiana | FMLA | Up to 12 weeks | unpaid | not applicable |
Maine | Family Medical Leave | Up to 12 weeks | paid | Paid Family and Medical Leave Benefits Authority |
Maryland | In 2026: Family and Medical Leave | Up to 12 weeks | paid | Family and Medical Leave Insurance |
Massachusetts | Paid Family and Medical Leave | Up to 12 weeks | paid | Department of Family and Medical Leave |
Michigan | FMLA | Up to 12 weeks | unpaid | not applicable |
Minnesota | Parental Leave | Up to 12 weeks | paid | Minnesota Paid Leave |
Mississippi | FMLA | Up to 12 weeks | unpaid | not applicable |
Missouri | FMLA | Up to 12 weeks | unpaid | not applicable |
Montana | FMLA | Up to 12 weeks | unpaid | not applicable |
Nebraska | FMLA | Up to 12 weeks | unpaid | not applicable |
Nevada | FMLA | Up to 12 weeks | unpaid | not applicable |
New Hampshire | FMLA | Up to 12 weeks | unpaid | not applicable |
New Jersey | Family Leave Insurance | Up to 12 weeks | paid | Department of Labor and Workforce Development |
New Mexico | FMLA | Up to 12 weeks | unpaid | not applicable |
New York | Paid Family Leave | Up to 12 weeks | paid | New York Workers Compensation Board |
North Carolina | FMLA | Up to 12 weeks | unpaid | not applicable |
North Dakota | FMLA | Up to 12 weeks | unpaid | not applicable |
Ohio | FMLA | Up to 12 weeks | unpaid | not applicable |
Oklahoma | FMLA | Up to 12 weeks | unpaid | not applicable |
Oregon | Paid Family Medical Leave Insurance | Up to 12 weeks | paid | Paid Leave Oregon |
Pennsylvania | FMLA | Up to 12 weeks | unpaid | not applicable |
Rhode Island | Temporary Caregiver Insurance | Up to 4 weeks | paid | Temporary Disability Insurance Program |
South Carolina | FMLA | Up to 12 weeks | unpaid | not applicable |
South Dakota | FMLA | Up to 12 weeks | unpaid | not applicable |
Tennessee | FMLA | Up to 12 weeks | unpaid | not applicable |
Texas | FMLA | Up to 12 weeks | unpaid | not applicable |
Utah | FMLA | Up to 12 weeks | unpaid | not applicable |
Vermont | Vermont Parental and Family Leave | Up to 12 weeks | unpaid | not applicable |
Virginia | FMLA | Up to 12 weeks | unpaid | not applicable |
Washington | Paid Family and Medical Leave | Up to 12 weeks | paid | Employment Security Department |
West Virginia | FMLA | Up to 12 weeks | unpaid | not applicable |
Wisconsin | Family and Medical Leave | Up to 12 weeks | unpaid | not applicable |
Wyoming | FMLA | Up to 12 weeks | unpaid | not applicable |
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Paid maternity leave by state
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 maternity leave laws
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 maternity leave laws
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 maternity leave laws
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 $981 as of January 1, 2025. Benefits are disbursed via Electronic Benefits Transfer (EBT) or debit card every Tuesday, with payments made two weeks in arrears.
Massachusetts maternity leave laws
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 2025, the maximum weekly benefit amount is $1,170.64. Employees can utilize a benefits calculator available online to estimate their potential weekly benefits.

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New Jersey maternity leave laws
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 maternity leave laws
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 maternity leave laws
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 maternity leave laws
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 $1070 per week and a minimum of $139 per week as of 2025, 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.
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Washington maternity leave laws
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 life 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 2025, the maximum weekly benefit amount is $1,542.
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, 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.
## States with limited or no additional maternity leave protections
The following states do not have state-specific maternity leave laws beyond the federal FMLA:
Here’s your list converted to bullet points:
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Alabama
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Alaska
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Arizona
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Arkansas
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Florida
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Georgia
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Idaho
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Indiana
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Iowa
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Kansas
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Kentucky
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Louisiana
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Mississippi
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Missouri
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Montana
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Nebraska
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Nevada
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New Hampshire
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New Mexico
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North Carolina
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North Dakota
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Ohio
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Oklahoma
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Pennsylvania
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South Carolina
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South Dakota
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Tennessee
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Texas
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Utah
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Virginia
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West Virginia
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Wyoming
Employees in these states are covered by the FMLA if their employer meets the eligibility requirements.
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.
With Deel PEO, employers can focus on their business while ensuring their employees receive the benefits they are entitled to. Book a demo today to learn more.
FAQs
What is the average maternity leave in the United States?
According to a study cited by the National Institutes of Health (NIH), which is a federal government agency, the average maternity leave taken by working women in the United States is about 10 weeks.
However, only about 41% of women received paid maternity leave, averaging 3.3 weeks with a 31% wage replacement.
How can you get more than 12 weeks' maternity leave?
Under federal law (FMLA), eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for the birth and care of a newborn child.
To get more than 12 weeks, you would need to rely on state laws (if available), employer policies, or other leave programs.
For example, some states offer extended leave (such as Washington, which allows up to 16 weeks, or 18 weeks in certain medical circumstances, for combined medical and family leave). You may also be able to use accrued sick, vacation, or other paid time off, but this is not mandated by federal law.
Which state has the longest maternity leave?
Washington, which allows up to 16 weeks of combined medical and family leave in a 52-week period (or 18 weeks if there is a serious, incapacitating health issue related to pregnancy).
Do you have to pay back maternity leave?
If you take unpaid FMLA leave, you generally do not have to pay back your employer for the time off.
However, if your employer continues to pay your health insurance premiums during your unpaid leave, and you do not return to work after your FMLA leave (for reasons other than a serious health condition or circumstances beyond your control), your employer may require you to repay the health insurance premiums they paid during your leave.
There is no requirement to pay back wages for leave taken unless you do not return to work as required and your employer has a policy or contract stating otherwise.
Can you get unemployment for unpaid maternity leave?
Unpaid maternity leave under FMLA is not considered a qualifying event for unemployment insurance. Unemployment insurance is generally for those who are able and available to work but are unemployed through no fault of their own.
While on unpaid maternity leave, you are still considered an employee, not unemployed, so you would not be eligible for unemployment benefits unless your employment is terminated and you meet other eligibility criteria.
How long is your job protected after maternity leave?
Under FMLA, your job is protected for up to 12 weeks of unpaid leave per year for eligible employees (those who work for a covered employer, have worked for the employer for at least 12 months, and have worked at least 1,250 hours in the previous year).
Some states offer longer job protection, such as Washington, where job protection may be available for up to 16 weeks (or more in certain medical situations), but this depends on employer size and other factors.
In Tennessee, job protection is provided for up to 4 months for eligible employees. Always check your specific state’s laws for details.
What about paternity leave in the US?
The FMLA grants eligible employees the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific family and medical reasons, including the birth or adoption of a child.
Both mothers and fathers have an equal and separate entitlement to this leave, meaning that each parent can take up to 12 weeks of leave for bonding with a new child, as long as they meet the eligibility criteria.

About the author
Shannon Ongaro is a content marketing manager and trained journalist with over a decade of experience producing content that supports franchisees, small businesses, and global enterprises. Over the years, she’s covered topics such as payroll, HR tech, workplace culture, and more. At Deel, Shannon specializes in thought leadership and global payroll content.