Maternity Leave in the USA

Last updated: October 11, 2026 · General information, not legal advice

Taking time off to recover from birth and bond with a new baby is one of the biggest decisions in pregnancy, and in the United States the rules depend on your employer, your state and how long you have worked. This guide explains the federal laws that protect pregnant workers, how paid leave works in the states that offer it, and how to plan your leave. It links to official sources so you can check the details for yourself.

Related: How to Tell Your Boss You're Pregnant (Scripts Included)

Maternity Leave, Medical Leave and Bonding Leave

People use “maternity leave” for two different things. Medical leave covers the time you need to recover from pregnancy and childbirth, and bonding leave covers time with a newborn, adopted or foster child. They can run one after the other, and state programs often count them separately. Where the law treats them separately, the rules for each can differ, which is why it matters to know which kind of leave a program or policy covers. If you have a cesarean birth, our guide to what to do and avoid after a C-section explains recovery.

Federal Laws That Protect Pregnant and Postpartum Workers

Family and Medical Leave Act (FMLA)

The FMLA lets eligible employees take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the birth of a child or a placement for adoption or foster care, and to bond with the child within one year of birth or placement. It can also cover your own serious health condition, including pregnancy-related medical needs. The Department of Labor explains the details in its fact sheet on FMLA leave for parents and on its FMLA page.

You are generally eligible if you:

• have worked for your employer for at least 12 months,
• have at least 1,250 hours of service in the 12 months before your leave starts, and
• work at a location where your employer has at least 50 employees within 75 miles.

What the FMLA gives you:

• Your employer must continue your health insurance on the same terms as if you were not on leave.
• Most employees must be restored to the same job or a nearly identical one when they return.
• You can choose to use accrued paid leave during FMLA leave, and your employer may require it.
• You generally need to give 30 days’ notice when the leave is foreseeable.
• If you and your spouse work for the same employer, the 12 weeks of bonding leave may be shared between you.

The FMLA does not reach everyone. If you don’t meet the requirements, read what to do if you don't qualify for FMLA for maternity leave, and check your state and employer policies below.

Pregnancy Discrimination Act (PDA)

The PDA amended Title VII of the Civil Rights Act to prohibit discrimination based on pregnancy, childbirth and related medical conditions. It applies to hiring, firing, pay, promotions and benefits, and it requires employers to treat pregnancy-related limitations the same way they treat other temporary limitations. The Equal Employment Opportunity Commission (EEOC) explains how it applies in its enforcement guidance on pregnancy discrimination.

Pregnant Workers Fairness Act (PWFA)

The PWFA took effect on June 27, 2023. It requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions, unless doing so would cause undue hardship. Examples include extra bathroom breaks, water at your workstation, a stool, light duty, help with manual labor, schedule changes and time off for medical needs. The EEOC’s final rule, effective in 2024, says lactation and miscarriage are covered. See the EEOC’s PWFA guide for current information.

If your job involves physical risk, see jobs to avoid while pregnant and ask your employer about accommodations in writing. Note: in May 2025 a federal court vacated the part of the EEOC’s rule requiring accommodations for elective abortion (Ogletree summary), and the EEOC may revise its rule further, so check the EEOC site for the current version.

PUMP Act: Pumping at Work

The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, signed on December 29, 2022, extended break-time rules under the Fair Labor Standards Act to nearly all covered employees. For up to one year after your child’s birth, you are entitled to reasonable break time each time you need to express milk and to a place that is not a bathroom, shielded from view. Employers with fewer than 50 employees can claim an exemption only if complying would cause undue hardship (DOL Fact Sheet #73).

Planning your return? See our guide to hands-free breast pumps, breast milk storage tips and how to prepare for breastfeeding.

State Paid Family and Medical Leave Programs (2026)

Federal law does not pay you during leave, but 12 states and the District of Columbia currently run programs that replace part of your wages while you are away. Duration, pay rates, employer-size rules and job protection vary, so confirm the details with the official program before you plan around them. The table shows how long each program covers new parents, with a link to the official site. Weeks shown are for leave to bond with a new child unless noted. Figures come from New America's May 2026 explainer and the Prenatal-to-3 Policy Impact Center.

Programs pay a share of your wages, up to a weekly cap, and these percentages and caps change, so we don’t list them here. Eligibility, waiting periods and job protection also differ by state.

Programs coming next

• Maryland: Contributions begin January 2027 and benefits are scheduled to start in January 2028, with up to 12 weeks of leave. Official information
• Virginia: Adopted in April 2026, with benefits scheduled to start in December 2028 and up to 12 weeks of leave. Official information

States Without a Paid Family Leave Program

Most states do not run a paid family leave program for private-sector workers, so leave is governed by the FMLA, your employer’s policies and any rules for public employees. The three states in our earlier version show how different those rules can be.

Alabama

Alabama has no state paid leave program for private-sector employees, though employers may buy private paid-leave insurance. Under the Alabama K-12 Public School and State Employee Paid Parental Leave Act of 2025, effective July 1, 2025, eligible state and education employees receive 8 weeks of paid leave for the birth, stillbirth or miscarriage of a child (female employees) or 2 weeks (male employees), and 8 weeks for adoption of a child 3 or younger. Employees generally must have worked a year and agree to return for at least eight weeks, and the leave runs at the same time as FMLA leave (WBRC; Alabama Public Radio).

Alaska

Alaska has no state paid family leave program. The Alaska Family Leave Act (AFLA) applies to covered public employers, such as the State of Alaska, and provides up to 18 weeks of job-protected leave in a 12-month period for pregnancy, childbirth or adoption (State of Alaska notice). Private-sector workers rely on the FMLA. Alaska also has a paid sick leave law that took effect July 1, 2025 (J.J. Keller summary), so ask your employer how it applies to you.

Arizona

Arizona has no state paid family leave program, so most private-sector employees rely on the FMLA. Employers must provide paid sick time under the Fair Wages and Healthy Families Act, accrued at 1 hour for every 30 hours worked. Eligible State Personnel System employees can receive up to 12 weeks of paid parental leave (Gusto; Keka), but confirm the details with the state’s HR department.

Federal employees have their own paid parental leave benefit, and military families have separate policies; see preparing for a military pregnancy. For any other state, check your state labor department’s website and your employee handbook.

How to Plan Your Maternity Leave

1. Read your employee handbook and ask HR about paid leave, short-term disability, benefits during leave and how to request time off.
2. Check FMLA eligibility using the three tests above, then confirm whether your state has its own protections.
3. See if your state has a paid leave program and find out how and when to apply. California, for example, lets you file claims in advance.
4. Find out how your pay will work. Combine state benefits, employer paid leave, disability insurance and accrued sick or vacation time, and ask what your employer requires you to use.
5. Give notice. Many people tell their employer early. Our guides on telling your boss about your pregnancy and the maternity leave letter to your employer can help.
6. Estimate dates and costs. Use our due date calculator and pregnancy budget calculator, or read how to plan for a new baby on a budget.
7. Plan your handoff and return. Use these out-of-office templates, and see how to balance pregnancy and your career.
8. Get ready for the baby. Pack with our hospital bag checklist, pick out pregnancy must haves and a pregnancy pillow, and read about surviving the fourth trimester.

Partners, Adoptive and Foster Parents

The FMLA’s bonding leave applies to the birth of a child and to placement for adoption or foster care, so parents of any gender can use it if they qualify. Most state paid programs also cover partners and adoptive or foster parents. Alabama’s new public-employee law, for example, provides 2 weeks for fathers and 8 weeks for adoptive parents of a young child. See the role of the father during pregnancy for ways partners can prepare.

Frequently Asked Questions

Final Thoughts

The United States still has no national paid maternity leave, but you have more protection than the FMLA alone suggests: anti-discrimination law, a right to pregnancy accommodations, pumping rights and, in 12 states and DC, paid leave. Start by checking your employer’s policy, your FMLA eligibility and your state’s program, and contact the Department of Labor, the EEOC or your state labor agency if you need help. This article is general information, not legal advice, and rules change, so confirm the details with the official sources below.