Here’s how much time the government — and companies — may give to new parents, and how to ensure you’re getting the most out of your employer’s leave policy.
Back to Top In This Article What is maternity leave? How long is maternity leave? Do you get paid for maternity leave? Unpaid leave with the Family and Medical Leave Act (FMLA) State laws for maternity leave Short-term disability for maternity leave Other ways to extend maternity leave Preparing for maternity leave show all show lessPlanning to take maternity leave? It may not be exactly what you think — or hope — it is if you live in the U.S.
The first 12 weeks of a baby’s life are a crucial time for moms to recover physically and bond with their newborns. Research shows that taking time off after the birth of a baby has benefits for both parents and employers, including increasing the odds you’ll breastfeed for longer and that you’ll be at your same company a year later.
Unfortunately, many women can’t take that much time off because their employers don’t offer enough (or any) paid leave for childbirth — and they can’t afford to go without a paycheck.
That said, a growing number of private companies and even states now offer new parents some paid time off as part of a family leave policy. Read on to learn what you need to know about navigating maternity leave.
Maternity leave is usually defined as the time a mother takes off work for the birth or adoption of a child. Paternity leave is typically defined as the time a father takes off work.
Many companies now offer what’s called parental or family leave, which, among other things, allows new parents to take time off for the birth or care of a newborn.
Oftentimes, maternity leave is about 12 weeks long — that is, if you’re eligible for it (and many people in the U.S. aren’t).
Through the Family and Medical Leave Act (FMLA), the federal government guarantees 12 weeks of unpaid, job-protected leave for the birth of a newborn or adopting a child. But the law only applies to certain employees at certain companies (more on that below).
Some states and individual employers offer paid parental leave, but not all. That’s because the FMLA doesn’t require employers to pay their workers during the time they take off.
Here’s who might offer paid leave:
A number of companies, large and small, have voluntarily opted to offer paid leave. Some generous policies grant a number of months or more.
That said, only 17 percent of American workers have access to paid family leave through private employers, according to the U.S. Bureau of Labor Statistics. To learn more about your current or a prospective employer’s family leave, ask the company’s human resources department.
A handful of states — California, Massachusetts, New Jersey, New York, Rhode Island, Washington, Oregon, Colorado and Connecticut — plus the District of Columbia guarantee paid family leave, which is typically funded through employee-paid payroll taxes and administered through disability insurance programs. Programs in states including Colorado and Oregon have yet to take effect, however, and some like Michigan offer paid family leave to those who meet certain requirements and apply for it.
Employees of the federal government now receive 12 weeks of paid parental leave after the Federal Employee Paid Leave Act went into effect in October 2020.
You may have heard of the Family and Medical Leave Act (FMLA), a federal law in the U.S. guaranteeing many new parents leave. Here’s how it works:
The FMLA requires many — though not all — companies in the U.S. to allow their employees (both male and female) 12 weeks of unpaid family leave within a 12-month period after the birth or adoption of a child.
Enacted in 1993 as a way to guarantee parents time with their new kids without worrying about their jobs, the FMLA also requires employers to allow you to return to your position (or a similar one) with the same compensation package at the end of your 12-week leave. That’s a great thing for parents and kids alike, but there are exceptions.
Learn more about the FMLA requirements and your rights from the U.S. Department of Labor. There's potential for future change too. Some legislators and activist groups are backing a national paid leave program (like the FAMILY Act).
Despite the fact that the federal government and all but six states (California, Massachusetts, New Jersey, New York, Rhode Island and Washington) haven’t yet implemented paid leave, some plan to implement paid leave in the future. Connecticut, for example, will require paid leave starting in January 2022, Oregon in January 2023 and Colorado in 2024.
Others have expanded coverage for unpaid leave. Minnesota’s family leave applies to employers with at least 21 (instead of 50) employees. Maine’s family leave policy grants up to 10 weeks and applies to employers with at least 15 employees. Find out more information about your state’s maternity leave laws by calling your Department of Labor’s local office.
Although motherhood is not a disability, short-term disability (STD) insurance can help extend your maternity leave.
Short-term disability (STD) insurance — which many employers and unions pay for and offer as an automatic benefit to their employees — generally pays between 50 and 100 percent of your salary for a certain number of weeks after you give birth.
Technically, STD is meant to cover your salary, or a portion of it, during the time you’re unable to do your job as a result of illness, injury or childbirth.
There are many variations of STD benefits. What you receive may depend on your company or union, the number of years you’ve worked there and other factors. Be sure to talk to someone in your HR department and find out what you will be entitled to.
Oftentimes, STD benefits allow you to stay home from work and receive a percentage of your salary for six weeks. Some plans allow more time if you had a C-section or other complications during delivery. Some also cover physician-prescribed bed rest before delivery.
Employers’ policies differ, so get up to speed on your company’s options and regulations before you go on leave.
From the What to Expect editorial team and Heidi Murkoff, author of What to Expect When You're Expecting. What to Expect follows strict reporting guidelines and uses only credible sources, such as peer-reviewed studies, academic research institutions and highly respected health organizations. Learn how we keep our content accurate and up-to-date by reading our medical review and editorial policy.
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