Paid Maternity Leave by State 2023

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.

States With Paid Maternity Leave

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

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.

Connecticut

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

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.

New Jersey

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.

Oregon

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

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.

New York

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.

Washington

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.

States With Unpaid Maternity Leave

While some states have nothing in place for employees who are pregnant, other states offer, at the very least, job protection.

Hawaii

The Hawaii Family Leave Law provides up to four weeks of unpaid family leave each year to eligible employees.

Iowa

In Iowa, unpaid leave is a requirement for companies with four or more employees.

Kentucky

In Kentucky, six weeks of unpaid leave is provided to employees who give birth to or adopt a child.

Louisiana

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

Maine requires companies with 15 or more employees to offer ten weeks of unpaid leave within a period of two years.

Maryland

In Maryland, companies with anywhere from 15-49 employees are required to offer 10 weeks of unpaid parental leave.

Minnesota

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

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.

New Hampshire

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.

State	Paid Maternity Leave	Eligibility	How Long?	How Much?
Iowa	Unpaid
Kansas	Unpaid
Kentucky	Unpaid
Louisiana	Unpaid
Maine	Unpaid
Massachusetts	Unpaid
Minnesota	Unpaid
Montana	Unpaid
New Hampshire	Unpaid	If the employer allows paid leave for other illnesses, it must allow the same for pregnancy.
North Dakota	Unpaid	Applies only to state employees. Up to 12 weeks during a 12-month period
Oregon	Unpaid
South Dakota	Unpaid	Applies only to state employees. Up to 12 weeks during a 12-month period.
Tennessee	Unpaid	Companies must offer 4 months unpaid leave Offering paid leave is up to the employer’s discretion
Vermont	Unpaid
West Virginia	Unpaid
Wisconsin	Unpaid
Wyoming	Unpaid	Up to employer’s discretion
California	Paid	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	8 weeks	60 to 70% of wages earned 5-18 months before claim start date. Weekly benefits range from $50 to $1,540.
Colorado	Paid	Colorado employees who have earned at least $2,500 in wages within the state within the last 4 calendar quarters. Self Employed Workers (1099 or Contract Workers) may also be eligible if they have opted into coverage and live and work in Colorado.	12 weeks of paid leave + the potential for 4 additional weeks for childbirth complications	Up to 90% of the employee’s average weekly wage.
Connecticut	Paid	Employed for at least 12 months and worked at least 1,000 hours in the preceding 12-month period	12 weeks	Up to 95% of weekly pay.
Delaware	Paid	Employees who have worked for the same employer for at least 12 months and worked at least 1,250 hours in the prior 12 months	12 weeks	80% of the covered individual’s average weekly wages.
Hawaii	Paid	Employers with 100+ employees must offer up to 4 weeks each calendar year.	Usually 6-8 weeks, up to 6 months	58% of average wages. Employers must maintain private coverage or self-insure.
Illinois	Paid	Any Illinois workers	40 hours under the Paid Leave for Workers Act	100% of individual's normal hourly rate of pay.
Maryland	Paid	All Maryland employee parents of any gender, including foster and adoptive parents (full-time and part-time + private and public sector workers.)	Up to 12 weeks of paid leave (24 in some circumstances).	Up to 90% of their income.
New Jersey	Paid	All employees. Paid through state temporary disability insurance.	12 weeks during and after pregnancy plus an additional 12 weeks for parental leave for birth and adoptive parents.	Up to 2/3 regular wages.
New York	Paid	All private sector employees who have worked at least 26 weeks get 12 paid leave weeks.	Typically 6-8 weeks for disability due to pregnancy and a further 12 weeks of parental leave once for new parents	Up to 67% of average salary (up to $840.70 per week).
Rhode Island	Paid	All employees through state temporary disability insurance Companies with 50+ employees must offer 13 weeks unpaid leave in any 2 calendar years	Temporary Disability Insurance for the duration of disability due to pregnancy, followed by 4 additional weeks for new mothers. Up to 30 weeks	$114 to $978 per week. Funded by employee wage deductions.
Washington	Paid	All employers must offer paid leave but only those with 50+ employees must offer job protection	12 weeks (or more in the case of complications)	90% of wages up to $1,000 per week.
Alabama	None
Alaska	None
Arizona	None
Arkansas	None
Florida	None
Georgia	None
Idaho	None
Indiana	None
Michigan	None
Mississippi	None
Missouri	None
Nebraska	None
Nevada	None
New Mexico	None
North Carolina	None
Ohio	None
Oklahoma	None
Pennsylvania	None
South Carolina	None
Texas	None
Utah	None