Maternity Leave Laws by State
Maternity Leave Laws by State

Maternity Leave Laws by State

Offering new parents leave has been shown to improve employee engagement and retention and helps companies avoid a gender misbalance in the workplace. However, access to leave varies by industry and most workers still don’t have access to paid maternity leave.

Whether a new parent is guaranteed time off varies state by state, depending on a company’s size and location. Companies with 50 or more employees must offer FMLA leave, though there are more extensive plans required in many states, some of which also cover smaller companies.

What is Maternity Leave?

Employees are eligible for maternity leave before and after the birth of a child. Depending on the state it may also be taken after a child is adopted or fostered. Often maternity leave is covered by parental leave laws, but in other cases these rights only apply to mothers, not fathers.

Federal Law on Maternal Leave

The Family and Medical Leave Act (FMLA) offers eligible employees 12 weeks of unpaid leave per year, with reinstatement rights, in various circumstances. These include incapacity due to pregnancy, the birth of a child and caring for a newborn. However, employees are only eligible if they work for companies with 50 or more employees, and have completed at least 1,250 hours of work in the previous year.

Maternity Leave Laws by State

Many states go further than federal law when it comes to maternity leave. Some extend FMLA laws to smaller companies, while others guarantee paid leave. These policies differ according to eligibility, length of leave, and, if paid, how they are funded. In several states, pregnancy and childbirth qualify mothers for short-term disability benefits.

While not necessarily guaranteeing leave, other states require that pregnancy is treated as a temporary disability and so if a company provides leave for those with other temporary disabilities, they must do the same in for pregnant employees. Now let’s break down leave laws for mothers wherever you are. Watch out: these are the rules for private sector employees—in many states public sector employees are offered more generous conditions.

State  Unpaid Leave Beyond FMLA?  Who Is Eligible for Paid Leave?  How Long Does Paid Leave Last?  How Much Do Employees Receive? 
Alabama  No   -   -   -  
Alaska  No   -   -   -  
Arizona  No   -   -   -  
Arkansas  No   -   -   -  
California*  Companies with 5+ employees: Up to 4 months unpaid pregnancy-disability leave if employee is unable to work. Companies with 20+ employees: 12 weeks unpaid leave for new parents   New parents who earned $300+ in the previous year. If unable to work due to pregnancy, employees can also claim Temporary Disability Insurance   8 weeks  60-70% of wages up to $1,300 per week. Funded by employee wage deductions  
Colorado  No   -   -   -  
Connecticut**  All pregnant employees entitled to 16 weeks unpaid in rolling 24 month period. Companies with 3+ employees must also offer “reasonable” leave for disability due to pregnancy   -   -   -  
Delaware  No   -   -   -  
Florida  No   -   -   -  
Georgia  No   -   -   -  
Hawaii  No   All working women   Duration spent physically disabled due to pregnancy/childbirth (usually 6-8 weeks. Up to 6 months)   58% of average wages. Employers are required to maintain private coverage or self-insure 
Idaho  No   -   -   -  
Illinois  No   -   -   -  
Indiana  No   -   -   -  
Iowa  Companies with 4+ employees must offer 8 weeks unpaid leave, with no minimum tenure requirement   -   -   -  
Kansas  Companies with 4+ employees must offer employees a “reasonable” period of leave when unable to work due to pregnancy  -   -   -  
Kentucky  6 weeks of unpaid leave available to all employees who adopt a child under the age of 7  -   -   -  
Louisiana  Companies with 25+ employees must provide 6 weeks of leave (+ 4 months for a pregnancy-related disability)  -   -   -  
Maine  Companies with 15+ employees must offer 10 weeks unpaid leave  -   -   -  
Maryland  Companies with 15-49 employees must offer 6 weeks unpaid parental leave  -   -   -  
Massachusetts**  Companies with 6+ employees must offer 8 weeks unpaid leave for birth or adoption  -   -   -  
Michigan  No  -   -   -  
Minnesota  Companies with 21+ employees must provide 12 weeks unpaid leave  -   -   -  
Mississippi  No  -   -   -  
Missouri  No  -   -   -  
Montana  All female employees are entitled to a “reasonable leave of absence for pregnancy”  -   -   -  
Nebraska  No  -   -   -  
Nevada  No  -   -   -  
New Hampshire  Employers must grant unpaid leave for temporary disability due to pregnancy  -   -   -  
New Jersey  Companies with 30+ employees must offer 12 weeks unpaid leave  All employees   Typically 4 weeks prior to birth and 6 weeks after for temporary disability, plus 12 (or 8, if taken non-consecutively) further weeks for parental leave  85% of average wage (up to $881 per week). Temporarily Disability is funded by employee + employer contributions; Family Leave is funded by payroll deductions 
New Mexico  No  -   -   -  
New York  All private sector employers must offer 10 weeks unpaid leave  All private sector employees  Typically 6-8 weeks for disability due to pregnancy and a further 10 weeks of parental leave once for new parents  Temporary Disability: Up to 50% of salary (up to $170 per week). Funded by employee + employer contributions. Parental Leave: Up to 60% of average salary (up to $840.70 per week). Funded by payroll deductions  
North Carolina  No  -   -   -  
North Dakota  No  -   -   -  
Ohio  Most companies must provide 12 weeks unpaid leave  -   -   -  
Oklahoma  No  -   -   -  
Oregon  Companies with 25+ employees must offer 12 weeks unpaid leave for both pregnancy disability + parental leave  -   -   -  
Pennsylvania  No  -   -   -  
Rhode Island  Companies with 50+ employees must offer 13 weeks unpaid leave  All employees  Temporary Disability Insurance for the duration of disability due to pregnancy, followed by 4 additional weeks for new mothers  Up to $887 per week. Funded by employee wage deductions 
South Carolina  No  -   -   -  
South Dakota  No  -   -   -  
Tennessee  Companies with 100+ employees must offer 4 months unpaid leave   -   -   -  
Texas  No  -   -   -  
Utah  No  -   -   -  
Vermont  Companies with 10+ employees must offer 12 weeks unpaid leave.   -   -   -  
Virginia  No  -   -   -  
Washington  All employers must offer paid leave but only those with 50+ employees must offer job protection   All employees (with minimum 820 hours worked)  12 weeks (or more in the case of complications)  Up to $1,000 per week. Funded by employee + employer contributions 
West Virginia  No  -   -   -  
Wisconsin  Slightly different eligibility requires to FMLA  -   -   -  
Wyoming  No  -   -   -  
Washington D.C.  Companies with 20+ employees must offer 16 weeks unpaid leave  Employees who have worked 1,000+ hours in the past year for companies with 20+ employees  8 weeks  Up to $1,000 per week. Funded by employer tax 
Puerto Rico  When medically necessary, employee can qualify for 12 weeks unpaid leave (in addition to paid leave)  Yes  Generally 8 weeks: 4 weeks before and 4 weeks after birth  Up to $113 per week. Funded by Employee + employer contributions 
*This refers to state-wide California law. Cities within California may offer extended benefits
** Massachusetts, Connecticut and Oregon have passed laws guaranteeing paid maternity leave but benefits will not be available until 2021, 2022 and 2023 respectively.

Paycor is not a legal, tax, benefit, accounting or investment advisor. All communication from Paycor should be confirmed by your company’s legal, tax, benefit, accounting or investment advisor before making any decisions.

Paycor is Here to Help

Paycor gives HR leaders the technology and expertise they need to stay compliant as well as hire, train and engage employees. When employees return from maternity leave, it’s important that they are successfully reintegrated into your business. For best practices, watch our webinar on How To Help New Parents Re-Enter The Workplace And Thrive.

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