Maternity Leave:
Definition & Comparison

Maternity leave is the period of time that a new mother takes off from work following the birth of her baby. This leave period is typically created from various benefits including sick leave, vacation time, holiday time, personal days, short-term disability, and unpaid family leave time. In the United States, maternity leave is not mandated as paid leave at the federal level, though several states have established their own paid parental leave programs funded partially by employers and employees.

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for the birth and care of a newborn child. FMLA applies to companies with 50 or more employees, and employees must have worked at least 12 months and 1,250 hours over the past 12 months to qualify. While FMLA offers job protection, it does not require employers to provide paid leave.

Related terms: Paid Family Leave, FMLA, parental leave, short-term disability

Most companies allow employees to use sick leave, vacation time, and holiday time toward maternity leave, and some companies require these benefits be used before any disability or unpaid time. Under the Family and Medical Leave Act (FMLA), eligible employees receive up to 12 weeks of unpaid, job-protected leave per year. After exhausting the 12 weeks of FMLA benefits, there is no federal maternity leave program, and any additional paid or unpaid leave depends on state law or employer discretion.

The minimum weekly benefit amount in states with paid programs is $50, and the maximum is $1,765 per week. Some women begin taking their leave a week to a month before the expected birth due to discomfort or the desire for preparation time, while others wait until the last moment to maximize time with the baby once it arrives.

As of now, 12 states and the District of Columbia offer paid parental leave programs:

• California
• Colorado
• Connecticut
• Delaware
• Maryland
• Massachusetts
• New Jersey
• New York
• Oregon
• Rhode Island
• Washington
• District of Columbia

These programs often include job protection, and most are funded by employee payroll contributions, sometimes supplemented by employer contributions. Many states go further than federal law when extending FMLA entitlement to smaller companies, while others guarantee paid leave. These policies differ according to eligibility, length of leave, and how they are funded.

Currently, 26 states do not have their own paid maternity leave laws on the books, including Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.

Short-term disability is a type of coverage that pays an employee's salary, or at least a portion of it, for a certain number of weeks because of medically related needs. Larger companies frequently include this benefit, and some states have mandates requiring it in benefits packages. Employees may also purchase this type of coverage from local insurance providers.

The percentages paid and the lengths of time of coverage vary across policies. The coverage time may be affected by complicated births such as cesarean delivery, so it is important to confirm what the policy covers. Employees may have coverage from multiple sources, making it important to confirm policies with the company. Coverage must begin before conception because employees become ineligible after conception. Any money paid from an employer is taxable, but this may be offset by the new deduction that comes with the new baby.

Employees are eligible for FMLA leave if they meet three criteria:

1. Have worked for their employer at least 12 months
2. Have worked at least 1,250 hours over the past 12 months
3. Work at a location where the company employs 50 or more employees within 75 miles

Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours of work. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for the birth and care of a newborn child.

FMLA does not apply to companies with fewer than 50 employees, excluding approximately 40 percent of the U.S. workforce. Small business employees, part-time workers who have not met the 1,250-hour threshold, and those who have worked for their employer less than 12 months do not qualify for FMLA protections.

FMLA does not apply to companies with fewer than 50 employees, but certain states extend leave rights to employees at smaller companies. For example, Connecticut covers employers with 1 or more employees, Massachusetts applies to businesses with 6 or more employees, and Maryland's MPLA applies to companies with 15 to 49 employees.

State programs often have employee size requirements or industry-specific exemptions that limit coverage. Employers should review state-specific requirements to ensure compliance with applicable laws.

The Family and Medical Leave Act (FMLA) is a law that requires most companies to allow employees up to 12 weeks of unpaid family leave time after the birth of their child. FMLA applies to both men and women and is also available for those who adopt a child. If the parents work for the same company, the 12 weeks is divided between the two of them and represents an accumulation of both their time.

There are exceptions to FMLA which release a business from the obligation of allowing unpaid time off. These exceptions include the size of the company (less than 50 employees), the time of employment (less than 12 months), and level of wages (top 10 percent). Employees with incomes that account for the top 10 percent of wages for the business may not have access to the unpaid benefit if the company can show with evidence that the absence creates significant financial harm to the organization.

Some states have family leave acts that are broader than the federal mandate. The FMLA requires employees to provide their employer with at least a 30-day notice of intentions to take unpaid family time. For families who can afford it, unpaid family leave is an excellent opportunity to further bond with the baby, establish the baby's routine, get rest, and organize things around the house.

Paid Family and Medical Leave (PFML) provides unpaid or paid time off (on average 6 to 12 weeks in a 12-month period) to be used for:

• An employee's serious health condition
• To care for a family member with a serious health condition
• To care for or bond with a new child
• For reasons related to a family member's military service

Paid Family and Medical Leave may be provided through temporary disability insurance which is funded by contributions from the employer and the employee. PFML is a broader benefit than maternity leave alone, allowing employees to take leave for multiple qualifying events beyond childbirth and recovery.

Maternity leave specifically refers to time off for pregnancy, childbirth, and recovery. Paid Family and Medical Leave (PFML), on the other hand, is a broader benefit that allows employees to take leave for their own serious health condition, caring for a family member with a health condition, bonding with a new child, and addressing needs related to a family member's military service.

In many states, maternity leave is covered under PFML, providing both flexibility and financial support. PFML provides benefit payments but not job protection, while other federal laws such as the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) may protect an employee's job.

Some women begin taking their leave a week to a month before the expected birth because of discomfort or the desire for time to prepare. Others wait until the last moment so they can maximize their time with the baby once it arrives. The FMLA requires that employees provide their employer with at least a 30-day notice of intentions to take unpaid family time. Employers appreciate any additional advance notice to plan around the time the employee is absent.

Employees should check with their human resources department to find out details about maternity leave options and sit down with their partner to evaluate what time they can afford to take. After completing the first trimester, employees should start communication with human resources and those affected by their leave to help all parties prepare. Some employers are less friendly to pregnancy than others, so employees may need to evaluate the best time to share the news based on previous experiences witnessed in the office.

The Family and Medical Leave Act provides 12 weeks of unpaid leave with job protections. Paid maternity leave is often voluntarily provided by employers. However, several states including California, Colorado, Connecticut, Delaware, Massachusetts, Maryland, New Jersey, New York, Oregon, Rhode Island, and Washington, as well as the District of Columbia, have created paid parental leave plans which are funded partially by employers and employees.

In states with paid family leave programs, benefit payments are typically funded through employee payroll contributions, sometimes supplemented by employer contributions. Employees will see this as "CASDI" (California State Disability Insurance) or similar designations on their paystubs.

Employers who fail to comply with maternity leave laws face significant consequences at both federal and state levels. Under the FMLA, violations can result in monetary damages including back pay, benefits, and liquidated damages equal to the amount owed. The Department of Labor may impose civil penalties up to $216 per violation for willful breaches. Employees can file private lawsuits seeking reinstatement, promotion, or other appropriate remedies.

At the state level, penalties vary but often include fines, damages, and potential criminal charges for egregious violations. States with their own paid family leave programs enforce additional penalties beyond federal requirements, including administrative fines, mandatory policy corrections, and increased scrutiny from state labor departments.

Self-employed individuals, independent contractors, and gig workers typically have no access to standard maternity leave in the United States unless they purchase private disability insurance. Federal maternity leave laws like FMLA only cover employees at companies with 50 or more workers, excluding self-employed workers from these protections.

Some states offer voluntary paid family leave programs that self-employed individuals can opt into by making contributions to state disability insurance funds. However, access and eligibility vary significantly by state.

Maternity leave is often compared to 3 related concepts:

Maternity Leave vs. Paternity Leave

Maternity leave refers specifically to the period of time a new mother takes off from work following the birth of her baby, while paternity leave is for fathers. Many companies have similar policies for fathers which allow for paternity leave. Under FMLA, both mothers and fathers are entitled to up to 12 weeks of unpaid leave for the birth and care of a newborn child.

Maternity Leave vs. Paid Family and Medical Leave

Maternity leave specifically refers to time off for pregnancy, childbirth, and recovery, while Paid Family and Medical Leave (PFML) is a broader benefit that allows employees to take leave for their own serious health condition, caring for a family member with a health condition, bonding with a new child, and addressing needs related to a family member's military service. In many states, maternity leave is covered under PFML programs.

Maternity Leave vs. Short-Term Disability

Maternity leave is the period of time off work specifically following childbirth, while short-term disability is a type of coverage that pays an employee's salary for a certain number of weeks because of any medically related needs. Pregnancy and childbirth may qualify mothers for short-term disability benefits in several states. Short-term disability coverage for maternity may be affected by complicated births such as cesarean delivery, and the percentages paid and lengths of coverage vary across policies.