In many countries, paid maternity leave is a standard benefit, offering financial security for new parents. But maternity leave in the USA follows a different framework that often requires a mix of federal, state, and employer-provided benefits to support workers at this critical time.
For companies hiring employees in the United States, navigating maternity leave policies is key to compliance and employee well-being. In this guide, we’ll explain what maternity leave in the United States entails, including key regulations, employer responsibilities, and what to expect when an employee welcomes a newborn.
What is maternity leave?
Maternity leave, a type of leave from work, is a designated period when an employee takes time off due to being pregnant, giving birth, or adopting a child. This leave of absence helps parents recover from childbirth (if applicable) and adapt to this new normal.
In the United States, maternity leave policies vary greatly between states and employers. Some employees have access to paid family leave through state programs or workplace benefits, while others use unpaid leave or employer-sponsored short-term disability coverage.
An important distinction here is between maternity leave and parental leave. Maternity leave applies to workers recovering from childbirth or caring for a newborn. And parental leave is a broader term that can include maternity and paternity leave, covering any parent who needs time away from work to bond with a new child. Some employers offer paid parental leave, which applies to all parents regardless of gender, while others provide separate policies for mothers and fathers.
Maternity leave laws in the United States
In the United States, the Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. FMLA leave includes the birth and care of a newborn. To qualify, employees must have worked for a covered employer—typically one with 50+ employees—for at least 12 months and accumulated at least 1,250 working hours in that period.
While FMLA provides job protection during family and medical leave, it doesn’t mandate paid leave, leaving many employees without income during their absence. Several states recognized this gap and implemented Paid Family and Medical Leave (PFML) programs to provide paid time off for workers dealing with new family members, caring for loved ones, or suffering from a serious health condition like an injury or illness that requires an overnight hospital stay or continuing health care treatment. PFML programs usually cover a percentage of an employee’s wages during leave.
These programs are typically funded through payroll taxes and vary in duration and compensation levels. Employers operating in participating states must follow local PFML regulations, which often provide more comprehensive benefits than federal provisions.
Because each state designs its own program, the eligibility requirements, benefit amounts, and funding mechanisms can differ significantly. Employers should stay informed about federal and state family leave laws to ensure compliance and effectively support their team members.
Which states offer paid leave for mothers?
Maternity leave in the United States varies significantly across states, with each implementing distinct paid family leave policies. Here’s a state-by-state breakdown for those offering this benefit.
California
Who is eligible: Employees who earned at least $300 in wages during their base period and are subject to State Disability Insurance (SDI) without withholding.
Leave duration: Up to eight weeks.
Payment rate: Approximately 60–70% of wages, depending on income.
Funding source: Employee payroll contributions.
Colorado
Who is eligible: Employees who have earned at least $2,500 in wages within the state in the last year.
Leave duration: Up to 12 weeks; an additional four weeks for pregnancy or childbirth complications.
Payment rate: Up to 90% of wages, with a maximum benefit.
Funding source: Shared contributions from employers and employees.
Connecticut
Who is eligible: Employees who earned at least $2,325 in the highest-earning quarter of the first four of the past five quarters while working in the state or have worked for their employers for at least 12 weeks before requesting leave.
Leave duration: Up to 12 weeks.
Payment rate: 95% of weekly earnings, up to 60 times the state minimum wage.
Funding source: Employee contributions.
Delaware
Who is eligible: Employees who have worked for the same employer for at least one year and worked at least 1,250 hours in the past year.
Leave duration: Up to 12 weeks.
Payment rate: 80% of average weekly wages, up to a cap.
Funding source: Shared contributions from employers and employees.
District of Columbia
Who is eligible: All private-sector employees, regardless of employer size.
Leave duration: Up to eight weeks for parental leave.
Payment rate: 90% of average weekly wages up to one-and-a-half times the minimum wage, plus 50% of the amount by which the average weekly salary exceeds one-and-a-half times the minimum wage, up to a maximum weekly benefit.
Funding source: Employer payroll contributions.
Illinois
Who is eligible: All employees working for employers in Illinois through the Paid Leave for All Workers Act.
Leave duration: One hour of paid leave for every 40 hours worked, up to a maximum of 40 hours per 12-month period—and this law provides general paid leave for any reason, including maternity-related needs. The maximum accrual resets annually. State employees are also eligible for six weeks of paid parental leave.
Payment rate: Employees receive their regular rate of pay.
Funding source: Employers are responsible for compensating employees during their leave.
Kentucky
Who is eligible: Full-time executive branch state workers.
Leave duration: Up to six weeks of paid parental leave.
Payment rate: 100% of the employee’s regular pay.
Funding source: State government funds.
Louisiana
Who is eligible: Classified and unclassified state employees who have worked for the state for at least one year.
Leave duration: Up to six weeks.
Payment rate: 100% of the employee’s regular pay.
Funding source: Not explicitly shared, likely state government funds.
Maine
Who is eligible: Employees who earned at least $1,000 in wages in the base period and have worked for their employer for at least 12 months.
Leave duration: Up to 12 weeks.
Payment rate: Progressive benefit based on income, up to a cap.
Funding source: Shared contributions from employers and employees. Benefits start in 2026.
Maryland
Who is eligible: Employees who have worked at least 680 hours over the 12 months preceding the leave.
Leave duration: Up to 12 weeks.
Payment rate: Up to 90% of wages, with a maximum benefit.
Funding source: Shared contributions from employers and employees.
Massachusetts
Who is eligible: Workers who earned at least $5,400 in total over the last four completed calendar quarters, and who meet other program requirements under the PFML law.
Leave duration: Up to 12 weeks for family leave.
Payment rate: Approximately 80% of their usual weekly pay, but only up to a certain limit—50% of the state average weekly wage. Any remaining wages over that amount are paid at 50%, subject to a maximum weekly benefit cap.
Funding source: Shared contributions from employers and employees.
Minnesota
Who is eligible: Employees who have earned at least $2,500 in the previous year.
Leave duration: Up to 12 weeks for family leave.
Payment rate: Benefits are calculated on a progressive scale.
Funding source: Payroll tax, with contributions from employers and workers.
New Hampshire
Who is eligible: State workers and employees of private employers who opt into the state’s paid family leave program.
Leave duration: Up to six weeks per year.
Payment rate: 60% of the employee’s average weekly wage.
Funding source: Premiums paid by participating employers and employees.
New Jersey
Who is eligible: Workers who have worked 20 calendar weeks earning at least $240 weekly or earned a combined total of $12,000 in the base year.
Leave duration: Up to 12 weeks.
Payment rate: 85% of the employee’s average weekly wage, up to $993 weekly.
Funding source: Employee payroll deductions.
New York
Who is eligible: Employees who have worked for their employer full-time for 26 consecutive weeks or part-time for 175 days.
Leave duration: Up to 12 weeks.
Payment rate: 67% of the employee’s average weekly wage.
Funding source: Employee payroll contributions.
Oregon
Who is eligible: Employees who have earned at least $1,000 or worked at least 500 hours in the base year.
Leave duration: Up to 14 weeks.
Payment rate: Employees receive a percentage of their average weekly wage, with low-income workers receiving 100% wage replacement.
Funding source: Payroll tax, with contributions from both employers and employees.
Rhode Island
Who is eligible: Employees paid wages in the state and who pay into the Temporary Disability/Caregiver (TDI) program.
Leave duration: Up to five weeks.
Payment rate: Approximately 60% of the employee’s average weekly wage, up to $978 weekly.
Funding source: Employee payroll contributions to the TDI program.
Vermont
Who is eligible: State workers and employees of private employers who opt into the state’s paid family leave program.
Leave duration: Up to six weeks.
Payment rate: 60% of the employee’s average weekly wage.
Funding source: Premiums paid by participating employers and employees.
Washington
Who is eligible: Employees who have worked at least 820 hours during the qualifying period.
Leave duration: Up to 18 weeks.
Payment rate: Up to 90% of the employee’s average weekly wage, up to $1,427.
Funding source: Premiums paid by participating employers and employees.
The remaining states don’t provide paid maternity or parental leave. However, these states are covered by the FMLA, which offers workers up to 12 weeks of unpaid leave per year.
Support working parents with Oyster
To stay compliant and competitive, businesses must provide comprehensive employee benefits that support new parents.
Oyster makes offering this support much easier. We’re an employer of record that helps companies create paid parental leave policies that align with local regulations while providing seamless payroll and benefits administration.
Whether managing short-term disability benefits and family leave or designing a comprehensive Total Rewards package, Oyster ensures compliance and efficiency so you can focus on retaining top talent.
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About Oyster
Oyster is a global employment platform designed to enable visionary HR leaders to find, engage, pay, manage, develop, and take care of a thriving distributed workforce. Oyster lets growing companies give valued international team members the experience they deserve, without the usual headaches and expense.
Oyster enables hiring anywhere in the world—with reliable, compliant payroll, and great local benefits and perks.
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