How Long is Maternity Leave? A List of State Policies, Tips to Extend Maternity Leave and Other Benefits

How long is maternity leave? The Family and Medical Leave Act states up to 12 weeks of unpaid maternity leave for new parents as a federal law. But the actual time period is heavily dependent on the state government.

That is why you need to stay till the end of this article to check out which states offer maternity leave for parents. Here, you’ll learn different tips to extend your time off and get other benefits as parents.

Let’s go ahead!

What is the Maternity Leave in the US?

Maternity leave in the US is for mothers at the time of childbirth, adopting a baby, abortion, or caring for their baby. But the US government doesn’t mandate federal law for companies. 

So, local and State laws provide maternity leave for the welfare of women, truly! For example, “in California, new mothers can take up to 8 weeks of paid time off under the Paid Family Leave (PFL) law.” It depends on the medical condition.

Now, you get “What is the maternity leave in the US?” Let’s uncover how long is maternity leave for women! 

How Long is Maternity Leave? 

According to the Family and Medical Leave Act, eligible employees can take up to 12 unpaid workweeks off within 12 months. 

The eligibility criteria for employers include:

• 50 or more employees in the current year. 
• Own a public agency, such as the local, state, and federal governments.

The eligibility criteria for employees include:

• Work for at least 12 months in the same company.
• Complete 1,250 working hours within 12 months under an employment contract.
• Worked where a minimum of 50 other employees work within 75 miles. 

This federal law is for corporate employees, state workers, and private companies. For sure, it helps US citizens balance their financial stability along with good parenting.

Which States Offer Paid Maternity Leave?

A total of 13 US states, including California, New York, New Jersey, etc., offer paid maternity leave to their employees.

Let’s take a brief look at this breakdown table to check which states provide this ultimate benefit to parents.

State	Law	Duration	Payment Source
California	Paid Family Leave	Up to 8 weeks	State Disability Insurance (SDI)
Connecticut	Paid Family Leave	Up to 12 weeks	Paid Family Leave Authority
Colorado	Paid Family and Medical Leave Insurance	Up to 12 weeks	Family and Medical Leave Insurance Program
Delaware	Paid Family Leave	Up to 12 weeks	LaborFirst
Maine	Family Medical Leave	Up to 12 weeks	Paid Family and Medical Leave Benefits Authority
Maryland	Family and Medical Leave	Up to 12 weeks	Family and Medical Leave Insurance
Massachusetts	Paid Family and Medical Leave	Up to 12 weeks	Department of Family and Medical Leave
Minnesota	Parental Leave	Up to 12 weeks	Minnesota Paid Leave
New Jersey	Family Leave Insurance	Up to 12 weeks	Department of Labor and Workforce Development
New York	Paid Family Leave	Up to 12 weeks	New York Workers Compensation Board
Oregon	Paid Family Medical Leave Insurance	Up to 12 weeks	Paid Leave Oregon
Rhode Island	Temporary Caregiver Insurance	Up to 4 weeks	Temporary Disability Insurance Program
Washington	Paid Family and Medical Leave	Up to 12 weeks	Employment Security Department

Which States Have Unpaid Maternity Leave?

A total of 38 US states offer unpaid maternity leave for their employees.

Let’s take a look at this table to discover which states offer unpaid maternity leave.

State	Law	Duration	Payment Source
Federal	Family and Medical Leave Act	Up to 12 weeks	N/A
Alabama	FMLA	Up to 12 weeks	N/A
Alaska	FMLA	Up to 12 weeks	N/A
Arizona	FMLA	Up to 12 weeks	N/A
Arkansas	FMLA	Up to 12 weeks	N/A
Florida	FMLA	Up to 12 weeks	N/A
Georgia	FMLA	Up to 12 weeks	N/A
Hawaii	Hawaii Family Leave	Up to 4 weeks	N/A
Idaho	FMLA	Up to 12 weeks	N/A
Illinois	FMLA	Up to 12 weeks	N/A
Indiana	FMLA	Up to 12 weeks	N/A
Iowa	FMLA	Up to 12 weeks	N/A
Kansas	FMLA	Up to 12 weeks	N/A
Kentucky	FMLA	Up to 12 weeks	N/A
Louisiana	FMLA	Up to 12 weeks	N/A
Michigan	FMLA	Up to 12 weeks	N/A
Mississippi	FMLA	Up to 12 weeks	N/A
Missouri	FMLA	Up to 12 weeks	N/A
Montana	FMLA	Up to 12 weeks	N/A
Nebraska	FMLA	Up to 12 weeks	N/A
Nevada	FMLA	Up to 12 weeks	N/A
New Hampshire	FMLA	Up to 12 weeks	N/A
New Mexico	FMLA	Up to 12 weeks	N/A
North Carolina	FMLA	Up to 12 weeks	N/A
North Dakota	FMLA	Up to 12 weeks	N/A
Ohio	FMLA	Up to 12 weeks	N/A
Oklahoma	FMLA	Up to 12 weeks	N/A
Pennsylvania	FMLA	Up to 12 weeks	N/A
South Carolina	FMLA	Up to 12 weeks	N/A
South Dakota	FMLA	Up to 12 weeks	N/A
Tennessee	FMLA	Up to 12 weeks	N/A
Texas	FMLA	Up to 12 weeks	N/A
Utah	FMLA	Up to 12 weeks	N/A
Vermont	Vermont Parental and Family Leave	Up to 12 weeks	N/A
Virginia	FMLA	Up to 12 weeks	N/A
West Virginia	FMLA	Up to 12 weeks	N/A
Wisconsin	Family and Medical Leave	Up to 12 weeks	N/A
Wyoming	FMLA	Up to 12 weeks	N/A

Also Read: Minimum Wage Rate by State in 2026: What is the Federal Minimum Wage and Practices for Hiring Managers

Do Small Businesses Require Maternity Leave in the US?

Yes, small businesses in the US are required to provide maternity leave only in some states. But the FMLA doesn’t apply to employers with fewer than 50 employees.

Or, For example, 

• In Connecticut: Employers who have 1+  employees
• In Massachusetts: Covers 6+ employees
• In Maryland’s MPLA: Companies with 15-49 workers
• In Delaware: A business with a minimum of 10 employees
• In Oregon: Employers who work with 10 or more employees

What You Can Do to Extend Your Maternity Leave?

You can save your PTO, short-term disability insurance, unpaid time off, and combined family leave benefits.

Here are tips you can follow to extend how long is maternity leave.

1. Save Your PTO (Paid Time Off)

   Many companies offer paid time off (PTO) to their eligible employees. So, you can save your paid sick, personal, and vacation leaves for your maternity days. Like, if your company offers 15 days of PTO in a year, you can take them at the time of your delivery.

2. Short-Term Disability Insurance

   Short-term disability insurance is a direct benefit. Employers or companies offer around 50-100 percent of your salary when you give birth to a newborn. It helps you to take care of your baby with financial stability.

3. Unpaid Time Off

   Organizations provide unpaid time off to help employees manage their personal lives. So, you can save your unpaid leave when you plan to have a baby. It means that paid and unpaid time off can easily extend your time.

4. Combine Family Leave Benefits

   If your partner also has access to paternity leave, it’s a win-win situation for both of you. For example, when you get 12 weeks of maternity leave, you need to take care of your child. After that, your partner will use their 12 weeks of paternity leave to spend time with the baby.

How to Get Benefits if You’re Not Eligible for FMLA?

When you’re not eligible for FMLA, you can use the Pregnant Workers Fairness Act and paid sick leave to get your recovery time. 

Let’s take a look at these two points to get benefits in the USA!

• Pregnant Workers Fairness Act

  The Pregnant Workers Fairness Act is applicable to employers with 15 or more workers. It protects pregnant females and facilitates physical limitations. Like, giving sitting work, long breaks, parking closer to the office building, and less stressful work with zero commitments.

• Paid Sick Leave

  If you’re not eligible for maternity leave, you can also take your paid sick leave during your pregnancy. That number of leave days can give you proper time to recover from your short-term pregnancy disability.

Also Read: What is SUTA Tax? Its Importance, and Who Pays SUTA Taxes

Wrapping Up!

How long is maternity leave? The FMLA allows up to 12 weeks of unpaid time off for new parents in the United States. It helps everyone to take care of their newborn. 

But as an employee, you should check out the State laws and the company’s policies before planning to have a baby. It really helps you to avoid misunderstandings and manage things properly. 

Also, you can talk to your HR about your maternity leave, whether it’s paid or unpaid, and job security. This way, you erase your confusion and decide on your future planning.

Frequently Asked Questions