Maternity leave laws by state guide for 2023

The United States is notorious for its inadequate handling of maternity and family leave in general. Federal law doesn’t require employers to provide paid maternity leave. In fact, in most states, an employee has to use their accrued PTO if they want to be paid during maternity leave.

The same goes for family leave in general. The official US Bureau of Labor stats show that just 25% of civilian workers have paid family leave access. What’s more, only 24% of private industry employees have the same benefit.

What does that mean for expecting parents in the US? The good news is — some states have paid maternity leave programs in place, while others offer private insurance which covers maternity leave.

So, to make sure you’re equipped with crucial knowledge about maternity leave in the US, keep reading this guide. We’ll cover important information such as:

Maternity leave on the federal level,
Maternity leave laws by state,
Leave coverage and eligibility,
Leave duration, and
Additional maternity leave regulations in states.

Table of Contents

Maternity leave laws in the US — The basics

According to the US Department of Labor, maternity or parental leave is a policy that “may include leave for an employee to take care of:

A newborn child,
Recently adopted child,
Foster child, or
A child otherwise needing parental care.”

The act that regulates employees’ maternity leave on the federal level is the Family and Medical Leave Act (FMLA). It allows eligible workers to take unpaid maternity leave upon welcoming a child to the family.

Federal employees are covered by the Federal Employee Paid Leave Act (FEPLA). FEPLA enables federal workers to take paid parental leave for 12 weeks during a year.

How long is maternity leave and who is covered on the federal level?

Based on the FMLA, eligible employees are allowed 12 weeks of unpaid leave during a 12-month period. The act also provides job protection during this time.

FMLA only requires employers to offer unpaid leave. However, workers can be paid during this time if they opt for using their earned paid time off during their parental leave. FMLA allows employees to use accrued paid vacation, sick leave, and other types of paid leave during a portion or the full duration of the FMLA leave period. Any paid time off workers use during this time will be subtracted from their available days off.

FMLA — coverage and eligibility

The Family and Medical Leave Act goes beyond maternity leave as it covers medical leave and family leave in general. According to the FMLA, covered employees can take leave in the following cases:

“The birth of a child and to care for the newborn child within one year of birth;
The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
To care for the employee’s spouse, child, or parent who has a serious health condition;
A serious health condition that makes the employee unable to perform the essential functions of his or her job;
Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on covered active duty.”

FMLA also allows for a military caregiver leave of up to 26 weeks.

The FMLA applies to:

Public agencies,
Public and private elementary and secondary schools, and
Companies with 50 or more employees.

As an employee, you’re eligible for leave if:

You have worked for your employer for at least 12 months,
You have worked at least 1,250 hours over the past 12 months, and
You work at a location where the company employs 50 or more employees within 75 miles.

Maternity leave laws in US states

The Family and Medical Leave Act allows states to set their own maternity leave regulations or provide more extensive measures and eligibility rules than the ones the act sets. Some states have state leave regulations, while others fully comply with the FMLA. As a result, maternity leave isn’t the same in every US state.

These states (and the District of Columbia) have their own maternity leave legislations:

California,
Colorado,
Connecticut,
Delaware,
Hawaii,
Maine,
Maryland,
Massachusetts,
Minnesota,
New Hampshire,
New Jersey,
New York,
Oregon,
Rhode Island,
Vermont,
Washington, and
Wisconsin.

However, even though the states mentioned above have maternity leave legislations in place, only 7 states and the District of Columbia mandate employers to offer paid maternity leave:

California,
Connecticut,
Massachusetts,
New Jersey,
New York,
Rhode Island, and
Washington.

In addition, Colorado, Oregon, Maryland, and Delaware have passed bills that could allow employees to take paid maternity leave in the future.

Furthermore, Vermont and New Hampshire offer private insurance options which could provide financial assistance to new parents.

Maternity leave by state

In every US state, maternity leave can be used during the first 12 months after welcoming a new child, either by birth, adoption, or foster care placement.

The next three tables contain more information on maternity leave regulations in states that have their own maternity leave acts, as they tend to differ from federal regulations.

The first table shows paid maternity leave by state (including the District of Columbia) along with the compensation and eligibility rules in place.

State	Coverage active	Coverage and/or eligibility	Family leave for… (aside from childcare)	How long does leave last	Compensation during leave	State acts beyond FMLA
California	Yes.	– Employers with at least 50 employees within a 75-mile radius of the worksite, and – Employees who have worked for the employer for at least 12 months and at least 1,250 hours. Exception: Employees eligible for Pregnancy Disability Leave	– Caring for a seriously ill family member, and – Participating in a qualifying event (a family member’s military deployment).	8 weeks.	Employers may reimburse 60% to 70% of an employee’s weekly wages earned 5 to 18 months before the claim start date. Weekly benefits can range from $50 to $1,540.	California Family Rights Act Leave — Child Bonding, Pregnancy Disability Leave (PDL)
Colorado	No. Active from Jan 1, 2024, premiums started on Jan 1, 2023.	– Employees who have earned at least $2,500 in wages within the State during 12 months.	– Caring for a family member’s serious health condition, – A family member’s military deployment, and – Addressing safety needs (domestic violence and/or sexual assault).	12 weeks + 4 weeks in case of medical complications.	Up to 90% of average weekly wages, but no more than $1,100 per week.	Family leave program (FAMLI)
Connecticut	Yes.	– Employees who have earned wages of at least $2,325 in the highest-earning quarter of the first 4 of the 5 most recently completed quarters and are currently employed with a covered Connecticut employer. – Not employed who have been employed by a covered Connecticut employer within the last 12 weeks. – Self-employed/sole proprietor who is enrolled in the program.	– Caring for a seriously ill family member, and – A family member’s active-duty service in the armed forces.	12 weeks during a 12-month period + 2 weeks for a serious health condition during pregnancy.	If employees’ wages are less than or equal to the Connecticut minimum wage multiplied by 40, the weekly benefit rate under the PFMLA is 95% of the employee’s average weekly wage.	CT Family and Medical Leave (CT PFMLA) and CT Paid Leave (CTPL).
Delaware	No. Active from 2026.	– Employers with more than 25 employees working in Delaware during the previous 12 months.	– Caring for a family member with a serious health condition, and – Military qualifying exigency (as defined by the FMLA.)	12 weeks.	80% of weekly wages, with a maximum of $900 per week.	Healthy Delaware Families Act
District of Columbia	Yes.	– Employees who spend more than 50% of their time working in DC.	– Caring for a family member with a serious health condition.	2 weeks to care for pregnancy + 12 weeks to bond with a new child.	90% of the wages up to 1.5 times DC’s minimum wage to a maximum of $1,049 weekly.	DC Paid Family Leave
Maryland	No. Active from 2025 (Contributions from Oct. 1, 2023)	– Employers with at least 1 employee working in Maryland must participate in the state program or comply with an approved private plan. – Employees who have worked at least 680 hours in 12 months immediately before the leave started. – Self-employed individuals may opt into the program.	– Caring for a family member with a serious health condition, and – A family member’s military service, as defined by the statute.	12 weeks of leave in 12 months +12 weeks with a serious health condition and a need to bond with a new child.	Up to 90% of average weekly wages, minimum $50 and maximum $1,000.	Time to Care Act (TTCA)
Massachusetts	Yes.	– Employees who have earned at least $5,700 (in 2022) or $6,000 (in 2023) over the past 4 calendar quarters. They must have earned at least 30 times the benefit amount they are eligible for. Note: Some employers are not covered by default, though they may vote to opt-in.	– Caring for a family member with a serious health condition, – Caring for a family member injured serving in the armed forces, and – Managing affairs while a family member is on active duty.	12 weeks + 20 weeks with medical leave. Care for a family member injured in the armed forces: 26 weeks.	Based on individual average weekly wage, the state average weekly wage for Massachusetts workers, the benefit year, and the type of leave. The maximum weekly benefit ATM is $1,129.82.	Paid family and medical leave (PFML)
New Jersey	Yes.	– Employees who contribute to the state plan for Family Leave Insurance or an approved private plan.	– Caring for a seriously ill or injured loved one.	12 weeks.	85% of the average weekly wage, ATM maximum is $1,025 weekly.	New Jersey Family Leave Insurance
New York	Yes.	– Most private employers. Public employers may opt in. – Employees who regularly work 20 or more hours per week are eligible after 26 consecutive weeks of employment. Employees who regularly work less than 20 hours per week become eligible after 175 days of employment.	– Caring for a family member with a serious health condition, and – Assisting loved ones when a family member is deployed abroad on active military service.	12 weeks.	67% of the average weekly wage (AWW), capped at 67% of the Statewide Average Weekly Wage (SAWW). Currently, the maximum is $1,131.08 and the minimum is $100.	Paid Family Leave (PFL)
Oregon	No. Premiums began, benefits to start in Sept, 2023.	– Employers with 25 or more employees (small employers can voluntarily contribute to the program). – Employees who work in Oregon and have made at least $1,000 the year before they apply.	– Caring for a family member with a serious health condition, and – Survivors of sexual assault, domestic violence, harassment, or stalking.	12 weeks in a 52-week period + 2 weeks for complications during pregnancy.	TBA	Paid Leave Oregon
Rhode Island	Yes.	– Employees who paid into the TDI/TCI fund and have earned at least $11,520. If not, they must meet the following conditions: – They must have earned at least $1,920 in one of the base period quarters, – Their total base period taxable wages are at least 1.5 times the highest quarter of earnings, and – Their base period taxable wages is at least $3,840.	– Caring for a seriously ill child, spouse, domestic partner, parent, parent-in-law, or grandparent.	6 weeks.	60% wage replacement. The weekly benefit rate is 4.62% of the wages paid in the highest quarter of the Base Period. The maximum is $795, the minimum is $84 weekly.	Temporary Caregiver Insurance program (TCI).
Washington	Yes.	– Employees who worked a minimum of 820 hours (about 16 hours a week) in Washington during their qualifying period.	– Caring for a family member with a serious health condition, and – Spending time with a family member who is about to be deployed overseas or is returning from overseas deployment.	12 weeks + 6 weeks of medical leave due to pregnancy complications. Loss of a child: 1 week.	Up to 90% of weekly pay, with a maximum of $1,427 ATM.	Paid Family and Medical Leave

State maternity leave laws in Vermont and New Hampshire are based on voluntary family insurance programs:

State	Coverage active	Coverage and/or eligibility	Additional family leave care	How long does leave last	Compensation during leave	State acts beyond FMLA
Vermont	No. Active from July 2023.	Vermont state employees, others from 2024.	– Caring for a family member with a serious health condition, and – Any qualifying exigency from a covered military member.	6 weeks.	60% wage replacement.	VT-FMLI
New Hampshire	Yes.	Any employer with a physical location in New Hampshire may purchase an NH PFML insurance plan for their NH workers.	– Serious health condition of a family member, – Qualifying need arising from military deployment or service, and – Caring for a qualifying military service member.	Option 1: 6 weeks of leave Option 2: 12 weeks (employers decide)	60% of their average weekly wage (up to the Social Security wage cap).	New Hampshire Paid Family & Medical Leave plan (NH PFML)

The following table lists the maternity leave state regulations for states that don’t have paid maternity leave.

State	Coverage and/or eligibility	Additional family leave care	How long does leave last	State acts beyond FMLA
Hawaii	– Employers with 100+ employees (working at least 6 months) for 20+ calendar weeks in the current or preceding calendar year.	– Caring for a family member with a serious health condition, and – Caring for an employee’s covered military family member on active duty or called to active duty status.	4 weeks each calendar year.	Hawaii Family Leave Law
Maine	– Employers with at least 15 employees, and – Employees who work for their employer for at least 12 consecutive months.	– Caring for a family member with a serious health condition, and – Death or serious health condition of a family member while on active duty.	10 weeks in a two-year period.	Maine Family Medical Leave Requirements Act (MFMLRA)
Minnesota	– Employers with 21 or more employees at a single site, and – Employees who work for the employer for at least 12 months.	Other types of family leave are covered only by the FMLA.	12 weeks.	Minnesota Pregnancy and Parenting Leave
Wisconsin	– Employers with 50+ employees during at least 6 of the last 12 months, and – Employees who have worked for the employer for at least 52 consecutive weeks and at least 1,000 hours in the preceding 52-week period.	– An employee’s serious health condition, and – Caring for a parent, child, or spouse, with a serious health condition.	6 weeks.	Wisconsin Family And Medical Leave Act

FAQ about maternity leave by state

Which state offers the best maternity leave benefits? Who pays for maternity leave? Find the answers to these questions and get even more info on maternity leave!

1. What states in the US have paid maternity leave?

Here are all the states with paid maternity leave:

California,
Connecticut,
Massachusetts,
New Jersey,
New York,
Rhode Island, and
Washington.

Furthermore, New Hampshire (and Vermont from July 2023) has a voluntary family insurance program that offers paid maternity leave.

Finally, the following states have paid maternity leave acts in place, but employees are not yet able to access the benefits as the programs are still inactive:

Colorado,
Delaware,
Maryland, and
Oregon.

Employers and employees in Colorado and Oregon have already started their contributions to the leave plans.

2. What states in the US have unpaid maternity leave?

FMLA obliges every eligible employer in the United States to offer 12 weeks of unpaid maternity leave. Thus, employers in every US state are required to offer unpaid maternity leave.

However, the following states have their own state unpaid maternity leave acts and programs:

Hawaii,
Maine,
Minnesota, and
Wisconsin.

3. What states have their own maternity leave acts?

These states (and the District of Columbia) have their own paid or unpaid maternity leave legislations:

California,
Colorado,
Connecticut,
Delaware,
Hawaii,
Maine,
Maryland,
Massachusetts,
Minnesota,
New Hampshire,
New Jersey,
New York,
Oregon,
Rhode Island,
Vermont,
Washington, and
Wisconsin.

4. What is the best state for maternity leave?

The Commonwealth of Massachusetts offers 12 weeks of paid maternity leave, just like:

However, in Massachusetts, you can combine maternity leave with medical leave in case of birth complications and be granted 20 weeks of paid leave.

5. Who pays for maternity leave?

In most states, state-run family programs with paid maternity and family leave require employers, employees, or both, to contribute to the system with a percentage of their payroll.

Unlike most states, New Hampshire has a voluntary employer-paid insurance program. This allows employers to choose from two types of family insurance, and their contributions depend on the type of program they choose.

6. How much do you get paid for maternity leave?

Employees can be reimbursed from 60% to 90% of their weekly earnings, depending on the state’s paid family leave provisions.

States have set the maximum amount a worker can receive. In case an employee’s weekly earnings are higher than the amount determined by the state, the employee will receive the state-determined cap instead of their weekly earnings. In most states, this cap changes every year.

Maternity leave laws — Conclusion and disclaimer

We hope our maternity leave guide for 2023 has helped you better understand the concept and regulations regarding maternity leave in the United States.

To get more data on leaves and labor law regulations for each state:

Follow the links provided as sources in our tables, and
Visit the State Labor Laws section of our website.

Please bear in mind that this article was written in Q2 of 2023. Thus, it may not include changes introduced after it was published.

We strongly advise you to consult the appropriate institutions and/or certified representatives before acting on any legal matters.

Clockify is not responsible for any losses or risks incurred should this guide be used without legal guidance.

Sources for the tables:

Paid maternity leave by state

States with voluntary family insurance programs

States without paid maternity leave

Maternity leave laws by state — Guide for 2023