Maternity leave in the USA: FMLA and paid family leave

The Family and Medical Leave Act (FMLA)

The FMLA lets eligible employees take up to 12 workweeks of unpaid, job-protected leave in a 12-month period. Birth of a child, and bonding with the newborn within one year of birth, is a qualifying reason. So is adoption or foster placement. Your own serious health condition, including a medical condition connected with pregnancy that stops you working, can also qualify.

Who is covered

Many people do not meet these requirements, for example because they work for a small employer. In that case, ask about your employer's own policy and check your state's laws, which may give extra or broader protection.

• Your employer must be a covered employer: a private-sector employer with 50 or more employees in 20 or more workweeks of the current or previous year, or a public agency or school, whatever its size.
• You must have worked for your employer for at least 12 months.
• You must have worked at least 1,250 hours in the 12 months before your leave starts.
• You must work at a location where your employer has at least 50 employees within 75 miles.

Paid family leave in some states

A growing number of states and the District of Columbia run paid family leave programs funded by payroll contributions. They typically replace part of your wages for several weeks. The amounts, the number of weeks and the eligibility rules differ by state, so check your state agency's website. Programs have been in place for some time in California, Colorado, Connecticut, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Washington and the District of Columbia, and newer ones began paying benefits in Delaware, Minnesota and Maine in 2026. Maryland's program is scheduled to start paying benefits later. Dates and details can change, so confirm with the state agency.

Short-term disability and employer benefits

Recovering from birth is often treated as a medical need, and some people receive short-term disability pay for part of their leave through their employer or state. Some employers offer paid parental leave on top. Ask your HR team what is available before your due date, and ask how any employer-paid leave runs alongside FMLA leave.

Other protections for pregnant and nursing workers

• The Pregnancy Discrimination Act prohibits treating you unfairly because of pregnancy, childbirth or related conditions.
• The Pregnant Workers Fairness Act requires many employers to provide reasonable accommodations for known limitations related to pregnancy or childbirth, unless doing so would cause undue hardship.
• The PUMP for Nursing Mothers Act gives many employees the right to reasonable break time and a private space, which is not a bathroom, to express breast milk at work.

Planning ahead

• Ask HR about your employer's policy, and about how FMLA, state programs and any employer benefits fit together.
• Give notice as early as you can. For foreseeable leave, the FMLA generally asks for 30 days' notice where possible.
• Keep copies of any request and the response you receive, in writing.