State | Employer Obligation to Offer Paid Maternity Leave↓ | Compensation Paid During PML | Minimum Length of Maternity Leave | Maternity Leave Eligibility Requirements | |
---|---|---|---|---|---|
![]() | Alabama | Voluntary | |||
![]() | Alaska | Voluntary | |||
![]() | Arizona | Voluntary | |||
![]() | Arkansas | Voluntary | |||
![]() | Florida | Voluntary | |||
![]() | Georgia | Voluntary | |||
![]() | Hawaii | Voluntary | |||
![]() | Idaho | Voluntary | |||
![]() | Indiana | Voluntary | |||
![]() | Kansas | Voluntary | |||
![]() | Kentucky | Voluntary | |||
![]() | Louisiana | Voluntary | |||
![]() | Michigan | Voluntary | |||
![]() | Minnesota | Voluntary | |||
![]() | Mississippi | Voluntary | |||
![]() | Missouri | Voluntary | |||
![]() | Montana | Voluntary | |||
![]() | Nebraska | Voluntary | |||
![]() | Nevada | Voluntary | |||
![]() | New Hampshire | Voluntary | If the employer allows paid leave for other illnesses, it must allow the same for pregnancy. | ||
![]() | New Mexico | Voluntary | |||
![]() | North Carolina | Voluntary | |||
![]() | North Dakota | Voluntary | |||
![]() | Ohio | Voluntary | |||
![]() | Oklahoma | Voluntary | |||
![]() | Pennsylvania | Voluntary | |||
![]() | South Carolina | Voluntary | |||
![]() | South Dakota | Voluntary | |||
![]() | Tennessee | Voluntary | |||
![]() | Texas | Voluntary | |||
![]() | Utah | Voluntary | |||
![]() | Vermont | Voluntary | |||
![]() | Virginia | Voluntary | |||
![]() | West Virginia | Voluntary | |||
![]() | Wisconsin | Voluntary | |||
![]() | Wyoming | Voluntary | |||
![]() | Iowa | Mandatory for government employees | 4 weeks | Applies only to government (state) employees | |
![]() | California | Mandatory | 70–90% (depending on income) of wages you earned five to 18 months before your claim start date | 8 weeks | Employees who have worked for an employer for at least 12 months, and who have 1250 hours of service during the 12 months prior to the leave |
![]() | Colorado | Mandatory | 90% of the portion of weekly wages that is less than or equal to 50% of the state average weekly wage. 50% of the portion of weekly wages that is more than 50% of the state average weekly wage. | 12 weeks of paid leave + the potential for 4 additional weeks for childbirth complications | Employees who earned $2,500 over the previous year for work performed in Colorado. |
![]() | Connecticut | Mandatory | Up to a maximum of 60 times the Connecticut minimum wage | 12 weeks | Employees of covered employers, which includes almost all businesses with one or more employees working in Connecticut. |
![]() | Delaware | Mandatory | 80% of the employee’s weekly wage with a maximum of $900 per week | 12 weeks | Employees who have been employed for at least one year and at least 1,250 hours with a single employer, who has a minimum of 10 employees. |
![]() | Illinois | Mandatory | 100% of individual's normal hourly rate of pay. | 40 hours of paid leave per year. This leave accrues at a rate of 1 hour for every 40 hours worked and can be used for any reason, including maternity-related needs. | Any Illinois workers |
![]() | Maine | Mandatory | 90% of the portion of weekly wages that is less than or equal to 50% of the state average weekly wage. 66% of the portion of weekly wages that is more than 50% of the state average weekly wage. Benefits will be capped at 100% of the state average weekly wage | 12 weeks | Nearly all employees in Maine, including full-time, part-time, temporary, and seasonal workers. Self-employed workers can opt in for coverage. |
![]() | Maryland | Mandatory | Up to $1,000 per week | Up to 12 weeks of paid leave (24 in some circumstances). | All Maryland employee parents of any gender, including foster and adoptive parents (full-time and part-time + private and public sector workers.) |
![]() | Massachusetts | Mandatory | Up to $1,170.64 per week | 12 weeks | Employees who meet earnings requirements, including earning at least $6,300 (rounded to the nearest hundred dollars) during the last four completed calendar quarters prior to their leave, or earning at least 30 times the weekly benefit they’re eligible to collect. |
![]() | New Jersey | Mandatory | Up to 2/3 regular wages. | 85% of the employee’s average weekly wage | All employees. Paid through state temporary disability insurance. |
![]() | New York | Mandatory | 67 percent of the employee’s average weekly wage, capped at 67% of the Statewide Average Weekly Wage (SAWW) | 12 weeks | Full-time employees after 26 consecutive weeks of employment. Part-time employees after 175 days of employment, which do not need to be consecutive. |
![]() | Oregon | Mandatory | Up to $1,568.60 per week | 12 weeks of paid leave. One hour of paid sick time for every 30 hours worked up to 40 hours per year. | Employees who work in Oregon and earned at least $1,000 in the base year prior to their leave are eligible for paid leave. Employees who work for an employer with 10 or more employees are eligible for paid sick time. |
![]() | Rhode Island | Mandatory | 60% of the employee’s average weekly wage, up to a maximum of $795 per week | 7 weeks | Most employees who work in Rhode Island (even if they live out of state), as long as they pay into the TCI fund. |
![]() | Washington | Mandatory | Up to $1,542 per week | 12 weeks (up to 18 weeks for pregnancies with certain complications). | Employees in Washington who worked 820 hours in the four quarters prior to their leave. |
The United States has a rough track record when it comes to how it treats new parents, ranking last of the 36 countries belonging to the Organisation for Economic Co-operation and Development.
Maternity leave in the United States is regulated by labor law but only requires twelve weeks of unpaid leave for mothers of newborn or newly adopted children, and only if they work for a company with fifty or more employees. For US workers at companies with fewer than 50 employees, there is no legal right to maternity leave - whether paid or unpaid. This idea results in only 12 percent of Americans receiving paid parental leave, with this number being even worse among low-income families and families of color, where the amount can be as low as 5 percent.
Even though there is overwhelming evidence that paid maternity leave is beneficial for all involved, states stances vary greatly. Many states have no protections past The Family and Medical Leave Act (FLMA) which only offers protections and benefits to federal employees, state employees, and employees of private companies with 50 or more people in their employ that have 1,250 hours in the previous year.
Only eight states have publicly funded paid maternity leave: California, Connecticut, Massachusetts, New Jersey, New York, Rhode Island, Washington, and Oregon.
Many other states have some kind of job protection past FLMA. You can find details of each state’s interpretation of maternity leave below.
California’s new law for paid parental leave, the New Parent Leave Act, took effect in 2019. This rule allows for new parents who work for a company with at least 20 employees to take leave for up to 12 weeks. They do not provide job protection, but they will cover any employee, either part or full-time.
Employees in Connecticut will be able to request and take paid family leave through the Connecticut Family and Medical Leave Act (CTFMLA). Through this, all pregnant and adoptive employees are entitled to 12 weeks of paid leave within a calendar year, as well as an additional two weeks for health conditions that create an incapacitation during pregnancy. This Act took effect beginning in 2022.
Employees must have been employed for at least 12 months and worked a minimum of 1000 hours. The support will last for 12 weeks.
Massachusetts also granted paid family leave in 2019 with the Massachusetts Paid Family and Medical Leave Act (MA PFML). Like in California, the MAPMFL provides up to 12 weeks of paid leave for employees who work at companies where the employer pays into the unemployment insurance fund. This means that if you work in another state but commute to Massachusetts, you will be able to receive this paid family leave.
In New Jersey, new parents can take up to 12 weeks of partially paid parental leave, thanks to the New Jersey Family Leave Act. There is a total of 24 weeks of job protection available.
The most recent state to require paid maternity leave is Oregon. The bill was signed into law in August 2019 and is the first of its kind. Unlike other states, Oregon will provide 100 percent wage replacement for all employees (even those who may be in the country illegally) as long they earn at least $1000 in a calendar year.
Rhode Island’s Parental and Family Medical Leave Act guarantees employees up to 13 weeks of leave for a serious health condition, including pregnancy, in two calendar years.
Paid family leave became mandatory in New York on January 1, 2018. This leave is being introduced on a phased approach - employees were originally guaranteed up to eight weeks of paid family leave, and this number went up to 12 weeks in 2021.
Beginning in January 2020, employees in Washington start being able to apply for paid family and medical leave benefits. These benefits will allow for up to 12 weeks of paid leave per year.
While some states have nothing in place for employees who are pregnant, other states offer, at the very least, job protection.
The Hawaii Family Leave Law provides up to four weeks of unpaid family leave each year to eligible employees.
In Iowa, unpaid leave is a requirement for companies with four or more employees.
In Kentucky, six weeks of unpaid leave is provided to employees who give birth to or adopt a child.
Louisiana has protections in place so that six weeks of unpaid leave is available for employees of companies with 25+ employees, as well as 4+ months for disabilities related to pregnancy.
Maine requires companies with 15 or more employees to offer ten weeks of unpaid leave within a period of two years.
In Maryland, companies with anywhere from 15-49 employees are required to offer 10 weeks of unpaid parental leave.
For residents of Minnesota, companies with at least 21 employees must provide 12 weeks of unpaid leave within 12 months of a birth or adoption. Eligible employees must have been working at least part-time with the company for a minimum of one year before the leave request.
Montana’s female employees of public employers have “reasonable leave of absence for pregnancy” or six weeks. Paternal and adoptive leave is also available for up to 15 days.
In New Hampshire, companies that have six or more employees are required to provide unpaid leave and there is no time limit for said leave. Legislature also mentions that if a company provides leave for other illnesses, it has to do the same for pregnancy.
The only people who are eligible for North Dakota’s leave protections are employees of the state. They can have up to 12 weeks of unpaid leave within a 12-month period. South Dakota has the same policy in place that applies to state employees only.
Residents of Tennessee must be offered four months of unpaid leave for employees. Offering paid leave is up to the company’s discretion.
In Vermont, 12 weeks of unpaid leave in a 12-month period is offered to employees of companies with ten or more employees.
West Virginia companies with 12 or more employees must provide time off (among other benefits) to pregnant employees who have been with the company for over 12 weeks.
Six weeks for a birth or adoption must be provided by companies with 50+ employees. Two weeks may be added for caring for a family member.
Unpaid or paid leave is up to the employer’s discretion in the state of Wyoming.
Up to eight weeks of unpaid leave is available for those give birth or adopt.
Employees of private companies can qualify for up to 12 weeks of unpaid leave when medically necessary. Generally, maternity leave lasts eight weeks: four weeks pre-birth and four weeks afterward.