Maternity Leave Laws by State: 2024 Guide

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.

Yet, certain states have paid maternity leave programs in place, while some offer private insurance that 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.

*Note: The information regarding maternity leave laws and regulations by state has been checked and updated for 2024.

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 to use 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:

Alabama,
Arkansas,
Florida,
California,
Colorado,
Connecticut,
Delaware,
Hawaii
Iowa,
Louisiana,
Maine,
Maryland,
Massachusetts,
Minnesota,
Montana,
New Hampshire,
New Jersey,
New York,
Oregon,
Rhode Island,
Texas.
Tennessee,
Vermont,
Virginia,
Washington, and
Wisconsin.

However, even though the states mentioned above have maternity leave legislations in place, only 9 states and the District of Columbia mandate employers to offer paid maternity leave:

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

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

Furthermore, several states 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.	– Employees who have contributed to the State Disability Insurance in the past 5 to 18 months, – Employees who have welcomed a new child into the family in the past 12 months, and – Employees who have not taken 8 weeks of Paid Family Leave in the past 12 months.	– Caring for a seriously ill family member, – Being involved 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 $1,620.	Paid Family Leave for Birth Mothers. California Family Rights Act Leave — Child Bonding, Pregnancy Disability Leave (PDL)
Colorado	Yes.	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, – 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 and Medical Leave Insurance 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.	– Receiving treatment for a serious health condition, – Caring for a seriously ill family member, – Addressing specific situations associated with family violence, – 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.	– Addressing a serious health condition, – Caring for a family member with a serious health condition, – 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.	– Addressing a serious health condition, – 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 $1,118 weekly.	DC Paid Family Leave
Maine	No. Active from 2026.	Employees who have earned a minimum of six times the state average weekly wage over the 12 months before the start of leave.	– Addressing a serious health condition, – Caring for a family member with a serious health condition.	12 weeks.	– 90% of weekly wages that are less than or equal to 50% of Maine’s minimum weekly wage, and – 66% of weekly wages that are more than 50% of Maine’s minimum weekly wage, to a maximum of $1,104 per week.	Paid Family and Medical Leave Act
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, – 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 $6,300 over the past 4 calendar quarters. They must have earned at least 30 times the weekly benefit amount they are eligible for. Note: Some employers are not covered by default, though they may vote to opt-in.	– Addressing a serious health condition, – Caring for a family member with a serious health condition, – Caring for a family member injured serving in the armed forces, – 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 $1,149.90.	Paid Family and Medical Leave (PFML)
Minnesota	No. Active from 2026.	Employees who have earned more than $3,500 the year before they apply.	– Caring for a family member with a serious health condition, – Supporting a family member in the military deploying overseas, – Facing a significant safety issue.	12 weeks.	– 90% of weekly wages that are less than or equal to 50% of Minnesota’s minimum weekly wage, – 66% of weekly wages that are more than 50% of Minnesota’s minimum weekly wage, and – 55% of weekly wages that are more than 100% of Minnesota’s average weekly wage.	Minnesota Paid Leave
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 $1,055 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, – 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 $1,151.16 and the minimum is $100.	Paid Family Leave (PFL)
Oregon	Yes.	Employees who work in Oregon and have made at least $1,000 the year before they apply.	– Addressing a serious health condition, – Caring for a family member with a serious health condition, – Survivors of sexual assault, domestic violence, harassment, or stalking.	12 weeks in a 52-week period + 2 weeks for complications during pregnancy.	100% of Average Weekly Wage (AWW), capped at 65% of the Statewide Average Weekly Wage (SAWW) + 50% of AWW that is greater than 65% of SAWW.	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 $1043.00, the minimum is $130 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, – 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.	Up to 90% of weekly pay, with a maximum of $1,456 ATM.	Paid Family and Medical Leave

The following states have introduced maternity leave laws 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
Alabama	Yes.	Available to insurance carriers.	– Caring for a family member with a serious health condition, – If a family member is on active duty or has been ordered to active duty, – Caring for a family member with a serious health condition due to their military service.	Set by the insurer.	Set by the insurer.	Paid Family Leave Income Replacement Benefit Act
Arkansas	Yes.	Available to insurance carriers.	– Caring for a family member with a serious health condition, – If a family member is on active duty or has been ordered to active duty.	Set by the insurer.	Set by the insurer.	Family Leave Insurance
Florida	Yes.	Available to insurance carriers.	– Caring for a family member with a serious health condition, – If a family member is on active duty or has been ordered to active duty, – Caring for a family member with a serious health condition due to their military service.	Not less than 2 weeks.	Set by the insurer.	Paid family leave insurance
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, – Caring for a qualifying military service member.	Private employers choose out of 2 options: – Option 1: 6 weeks of leave – Option 2: 12 weeks State employees: 6 weeks	60% of their average weekly wage (up to the Social Security wage cap).	New Hampshire Paid Family & Medical Leave plan (NH PFML)
Tennessee	Yes.	Available to insurance carriers.	– Caring for a family member with a serious health condition, – If a family member is on active duty or has been ordered to active duty.	Set by the insurer.	Set by the insurer.	Tennessee Paid Family Leave Insurance Act
Texas	Yes.	Available to insurance carriers.	– Caring for a family member with a serious health condition, – If a family member is on active duty or has been ordered to active duty, – Caring for a family member with a serious health condition due to their military service.	Not less than 2 weeks.	Set by the insurer.	Paid Family Leave Insurance Act
Vermont	Active for state employees. For private employees, the coverage will be active from July 2024.	Vermont state employees, others from July 2024.	– Caring for a family member with a serious health condition, – Any qualifying exigency from a covered military member.	6 weeks.	60% wage replacement up to the applicable Social Security taxable wage maximum.	Paid Family Leave Plan (VT-FMLI)
Virginia	Yes.	Available to insurance carriers.	– Caring for a family member with a serious health condition, – If a family member is on active duty or has been ordered to active duty.	Set by the insurer.	Set by the insurer.	Virginia Voluntary Paid Family Leave (VA VPFL)

The following table lists the maternity leave state regulations for states that have unpaid 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, – 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
Iowa	Employers with 4+ employees.	/	8 weeks.	Chapter 216 of the Iowa Code, Title VII
Louisiana	Employers with 25+ employees.	/	6 weeks for normal pregnancies, up to 4 months or more for seriously disabling pregnancies.	The Louisiana Fair Employment Practices (FEP) Act
Montana	All employers.	/	Reasonable leave of absence (typically 6-8 weeks).
Wisconsin	– Employers with 50+ employees during at least 6 of the last 12 months. – 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.	– Employee’s serious health condition, – 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,
Colorado,
Connecticut,
District of Columbia,
Massachusetts,
New Jersey,
New York,
Oregon,
Rhode Island, and
Washington.

Furthermore, certain states have a voluntary family insurance program that offers paid maternity leave. These are:

Alabama,
Arkansas,
Florida,
New Hampshire,
Tennessee,
Texas,
Vermont, and
Virginia.

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:

Delaware,
Maine,
Maryland, and
Minnesota.

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,
Iowa,
Louisiana,
Montana, 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:

Alabama,
Arkansas,
Florida,
California,
Colorado,
Connecticut,
Delaware,
Hawaii,
Iowa,
Louisiana,
Maine,
Maryland,
Massachusetts,
Minnesota,
Montana,
New Hampshire,
New Jersey,
New York,
Oregon,
Rhode Island,
Texas,
Tennessee,
Vermont,
Virginia,
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:

Colorado,
Washington,
New York,
New Jersey,
Oregon, and
Connecticut.

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.

Also, certain states, such as New Hampshire, Alabama, Arkansas, etc., have a voluntary employer-paid insurance program. This allows employers to choose 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 2024 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 checked and updated in Q1 of 2024. 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.

Staying on top of everyone’s leave is a chore on its own, especially without an extra pair of hands. This is where a leave and vacation tracker such as Clockify comes in. Designed specifically for keeping up with everyone’s work hours, Clockify can help you track your team’s PTO, sick and maternity leave, too.

Sign up for Clockify for free today.

Sources for the tables:

Paid maternity leave by state

States with voluntary family insurance programs

States with unpaid maternity leave

Maternity Leave Laws by State — Guide for 2024