Maternity leave in US: Your ultimate guide to rights and benefits

Maternity leave in the US can be a daunting experience for new mothers, especially when trying to maneuver the complex web of laws and policies. 

Many women face financial uncertainty due to the lack of federal paid leave, while others struggle with inconsistent state laws and employer-specific benefits. Additionally, the pressure to balance career aspirations with family responsibilities can be overwhelming. 

The absence of a nationwide paid maternity leave policy further complicates this situation for millions of working mothers.

This article breaks down the rights, benefits, and policies surrounding maternity leave in the US. Knowing and having in-depth knowledge of these essential factors helps new mothers make informed choices that support both their career and family needs.

What defines maternity leave in US?

Maternity leave refers to the time a mother takes off work following childbirth to recover and care for her newborn. 

While the United States does not have a national maternity leave policy, several states have enacted their own laws that mandate paid or unpaid leave. In some states, this leave extends to fathers, as well as to parents who adopt or foster a child.

Maternity leave is often included under broader parental leave laws. However, in many cases, these laws specifically apply to mothers and do not extend to fathers. This creates significant variation across states in terms of the length of leave, pay, and eligibility criteria. 

As a result, understanding maternity leave in the US requires getting around a complex mix of state-specific regulations and employer policies.

4 Types of maternity leave in US

Maternity leave in the US can vary significantly depending on the state, employer, and the specific circumstances of the employee.

Several types of maternity leave exist, each with its own eligibility requirements and benefits:

1. Family and Medical Leave Act (FMLA) leave

The FMLA provides up to 12 weeks of unpaid, job-protected leave for qualifying employees. It applies to both mothers and fathers, but only to those working for companies with 50 or more employees. 

FMLA guarantees that employees can take leave for the birth of a child, recovery, and bonding without the risk of losing their jobs. The leave can be taken all at once or intermittently, depending on the needs of the employee and the employer’s policies. 

To qualify, employees must have worked for their employer for at least 12 months and logged at least 1,250 hours of work in the past year. FMLA does not provide compensation, but it protects an employee’s job and health benefits during the leave period.

2. Paid family leave

Some states, like California, New Jersey, and New York, offer paid family leave. This allows parents to take leave with partial income replacement, usually funded through state-run programs. 

The amount of pay and the duration of leave can vary based on the state’s laws. In California, for example, employees can receive up to 60-70% of their weekly wages for up to eight weeks, depending on their income level.

Paid family leave typically covers both mothers and fathers, as well as parents who adopt or foster a child. 

Each state has different eligibility requirements, such as the number of hours worked and whether the employer is covered by state law, so it’s important for employees to check their state’s specific guidelines.

3. Employer-provided paid leave

Certain companies offer paid maternity leave as a benefit. The length of paid leave and the pay percentage during the leave often depend on the employer’s policies. 

In some cases, companies may offer a combination of paid time off (PTO) and short-term disability insurance. 

Employer-provided paid leave can range from a few weeks to several months, depending on the organization’s policy. Some companies offer full pay during the leave period, while others may provide a partial salary. 

It’s common for companies to have additional requirements, such as a minimum tenure with the company, to qualify for paid maternity leave benefits.

4. Short-term disability leave

Short-term disability insurance can cover a portion of a mother’s income while she recovers from childbirth. This leave is typically used in conjunction with other leave policies, but may vary depending on the employer or insurance provider.

These types of maternity leave can differ greatly across states and employers, making it essential for new mothers to fully determine the options available to them.

Challenges of maternity leave in US: What needs improvement

While some progress has been made, there are still many gaps in maternity leave in the country in terms of accessibility, equity, and benefits.

Below we have the primary challenges that need attention:

Lack of federal paid maternity leave

Unlike many other developed countries, the U.S. does not have a national mandate for paid maternity leave.

While the Family and Medical Leave Act (FMLA) provides job protection for up to 12 weeks, it offers no pay during that time. This creates a financial burden for many employees, especially those who cannot afford to take unpaid leave. 

Without a federal mandate for paid leave, the responsibility falls on individual employers, leading to a lack of consistency across industries and businesses.

Disparity between employers

Maternity leave policies vary widely from one employer to another. Large corporations may offer generous paid leave, while smaller businesses or startups may provide little to no paid leave at all. 

This creates a disparity where workers in more resource-rich industries have better access to maternity benefits than those in lower-paying sectors. 

Furthermore, some employers may offer paid maternity leave only to full-time employees, leaving part-time workers with fewer benefits.

Limited accessibility for certain workers

Access to maternity leave often depends on a worker’s eligibility for FMLA, which requires a certain amount of work history and hours. Many workers in low-wage or gig economy jobs do not meet these requirements, leaving them without the option to take maternity leave at all. 

This creates significant challenges for employees in sectors such as retail, food service, and freelance work, who are left without the security of paid or unpaid leave.

Lack of support for fathers and non-birthing parents

While maternity leave focuses on the mother, there is insufficient emphasis on providing parental leave for fathers or non-birthing parents. More inclusive policies that allow both parents to take time off would help foster equality in caregiving responsibilities.

These highlight the need for a more comprehensive and equitable approach to maternity leave policies in the United States. 

How to apply for maternity leave in US: A step-by-step

Applying for maternity leave in the U.S. involves several steps that vary depending on the employer, state laws, and the type of leave.

Here is a common step-by-step. 

Step 1: Review company policies

Before you begin the application process, carefully review your employer’s maternity or parental leave policy. Most companies outline:

• When to notify HR or your manager
• Required documents
• Whether leave is paid or unpaid
• How much time you can take off

Understanding these details early helps set clear expectations.

Step 2: Confirm eligibility

Make sure you meet the eligibility criteria for maternity leave. If your company offers paid leave, check if you qualify for the full benefits.

To reiterate, for FMLA leave, employees must have worked for their employer for at least 12 months and logged 1,250 hours in the past year. 

If you work in a state with paid family leave, confirm whether you qualify based on state-specific requirements.

Step 3: Notify your employer

Inform your employer about your pregnancy and intention to take maternity leave well in advance. Most companies require at least 30 days’ notice before the expected start date of your leave. 

A formal email or letter detailing your expected leave dates will help document the request.

Step 4: Submit required documentation

Provide any necessary paperwork, such as a doctor’s note or proof of pregnancy, depending on company policy or FMLA requirements. This may include expected birth or adoption dates and medical certifications.

Step 5: Confirm leave details

Once approved, confirm the specifics of your leave, including the start and end dates, pay details, and any work-related responsibilities that need to be transferred. It is very important for both your records and your employer’s planning.

Step 6: Plan for a smooth transition

Prepare for your absence by organizing your work, delegating tasks, and communicating with colleagues to ensure a seamless handover during your leave period.

Set clear expectations for how ongoing projects will be handled, and provide any necessary resources or instructions. 

This proactive approach will help reduce disruptions and make your return to work more manageable after your leave.

Having a clear understanding of the steps involved will make the maternity leave application process more manageable and less stressful.

Note: While this guide provides a general overview, always check your state’s most recent regulations and your company’s policies for specific requirements.

Maternity leave in US: Answering the FAQs

Many expectant parents have questions regarding their rights and what they can expect during their leave.

Below are some frequently asked questions that can help clarify the processes involved in maternity leave in US:

Can I take maternity leave before my due date?

Yes, you can take maternity leave before your due date if you are eligible for leave under FMLA or other state-specific programs. However, the exact start time depends on your health, the nature of your job, and the company’s policies.

What happens if I don’t qualify for FMLA?

If you don’t qualify for FMLA, your options depend on your employer’s policy and state laws. 

Some companies offer paid or unpaid leave regardless of FMLA eligibility, while certain states provide paid family leave for non-FMLA-eligible employees.

What if my maternity leave is not long enough?

Employees can sometimes extend their leave by combining paid time off (PTO) with maternity leave or negotiating additional unpaid leave with their employer. In some cases, a flexible work arrangement may be possible post-maternity leave.

Each situation is unique, so always review both your rights and your employer’s policies.