The United States is one of only a handful of developed countries with no national paid maternity leave program. The federal Family and Medical Leave Act (FMLA) of 1993 guarantees up to 12 weeks of unpaid, job‑protected leave for birth, adoption, foster placement, or to care for a seriously ill family member.
FMLA applies only to employers with 50 or more employees and to workers who have at least one year of service and 1,250 hours worked. Because pay is not included, new parents often cobble together accrued vacation, short‑term disability benefits, or state programs to replace some income.
Lack of a national standard produces a patchwork of state programs. As of 2026, 14 states plus Washington, D.C., have enacted paid family and medical leave (PFML) programs, and at least ten states offer voluntary insurance plans. Many other states provide job‑protected leave without pay.
A 2014 national study of working mothers found that only 41 % received any paid maternity leave, averaging 3.3 weeks with 31 % wage replacement. Across all pay types, women took an average of 10 weeks of maternity leave.
More recent HR surveys show a “standard” U.S. maternity leave of about 10 weeks, typically comprised of 6–8 weeks of short‑term disability and a few weeks of unpaid leave. In states with paid‑leave programs, parents usually take 14–16 weeks off.
Federal Maternity Leave and Key Protections
Family and Medical Leave Act (FMLA)
The FMLA entitles eligible employees of covered employers to up to 12 weeks of unpaid, job‑protected leave in a 12‑month period. Employees keep their group health insurance during the leave and must be reinstated to the same or an equivalent position upon return.
FMLA leave can be used for:
- Birth, adoption or foster placement of a child and bonding time;
- Serious health condition of the employee, a spouse, child or parent;
- Military‑related exigencies (for a spouse, child or parent on covered active duty).
Eligibility requires working for a covered employer (50+ employees within 75 miles), at least 12 months of service, and 1,250 hours worked in the previous year. The FMLA sets a floor; states may provide longer or paid leave, and employers may offer more generous benefits.
Other Federal Protections
- Pregnancy Discrimination Act (PDA) – employers may not discriminate on the basis of pregnancy; they must treat pregnancy‑related conditions the same as other medical conditions.
- PUMP Act – requires employers to provide break time and a private space to express breast milk.
- Pregnancy accommodation laws – the Pregnant Workers Fairness Act (PWFA), effective 2023, requires reasonable accommodations for pregnancy and childbirth, such as modified duties or break schedules.
Average Maternity‑Leave Duration and Pay
The U.S. lacks a mandated paid‑leave standard, and the amount of time new parents take off varies widely. A national sample of working mothers with infants found that 41 % received paid maternity leave and that those mothers received **3.3 weeks of pay on average at about a 31 % wage replacement rate.
Overall, women took about 10 weeks of maternity leave.
Playroll’s 2026 guide notes that in the U.S. the standard maternity leave is roughly 10 weeks, consisting of 6–8 weeks of short‑term disability plus unpaid time off. In states with paid family‑leave programs, parents typically take 14–16 weeks off, whereas partners still take only 1–2 weeks.
Higher‑income workers often combine paid time off, disability benefits, and state programs to take several months, while lower‑income workers frequently return after 4–6 weeks due to lack of pay.
State‑by‑State Maternity‑leave Programs (2026)
State laws vary dramatically. The table below summarizes job‑protected leave and paid benefits available for parental leave in each state.
“Job‑protected leave” refers to time during which an employee cannot be fired for taking maternity/parental leave, while “paid leave” indicates wage‑replacement benefits funded through state insurance programs.
Some states also offer voluntary paid family‑leave insurance that employers may purchase; those are noted.
Paid Family and Medical Leave (PFML) programs
These states and the District of Columbia have enacted paid family‑leave programs that provide wage replacement for maternity and parental leave. Durations refer to leave for bonding with a new child; separate medical or caregiver leave may differ.
| State | Job‑protected leave (weeks) | Paid benefits (duration & notes) |
| California | Pregnancy Disability Leave (PDL): up to 4 months; California Family Rights Act (CFRA): up to 12 weeks of job‑protected bonding leave. | Paid Family Leave offers up to 8 weeks of partial pay; state disability insurance provides up to 52 weeks of partial pay for pregnancy‑related disability. |
| Colorado | 12 weeks of job‑protected family leave; an extra 4 weeks for pregnancy/childbirth complications. A 2026 expansion allows parents of infants in neonatal intensive care units (NICUs) to receive up to 12 additional weeks of job‑protected leave, stacked on top of the regular bonding leave. | Family and Medical Leave Insurance (FAMLI) program pays up to 12 weeks of benefits (16 weeks with complications). The 2026 expansion means that if a newborn requires NICU care, parents can draw an extra 12 weeks of paid leave for the duration of the NICU stay. |
| Connecticut | 12 weeks of job‑protected leave under CT FMLA; up to 2 additional weeks for pregnancy complications. | CT Paid Leave pays up to 12 weeks (14 weeks with complications) of benefits. |
| Delaware | 12 weeks of job‑protected paid parental leave. | Delaware’s Healthy Families Act provides up to 12 weeks of paid leave; other leave types (medical and caregiver) are capped at 6 weeks. |
| District of Columbia | 16 weeks of job‑protected family leave every 24 months. | Paid Family Leave offers up to 12 weeks of partial pay. |
| Maine | Up to 10 weeks of job‑protected leave in a 2‑year period under the Maine FMLA. | Paid Family and Medical Leave begins May 1 2026 and will provide up to 12 weeks of benefits. |
| Massachusetts | 12 weeks of job‑protected paid family leave for bonding; 20 weeks of medical leave; 26 weeks to care for an injured service member. | Paid Family and Medical Leave (PFML) pays benefits during these periods. The separate Massachusetts Parental Leave law guarantees 8 weeks of unpaid job‑protected parental leave. |
| Minnesota | 12 weeks of job‑protected leave under the state Pregnancy and Parental Leave Act. New PFML contributions and benefits began January 1 2026, allowing workers to combine 12 weeks of medical leave and 12 weeks of family leave for up to 20 weeks total per year. | A paid family‑leave program launched in 2026 provides up to 12 weeks of family leave and 12 weeks of medical leave; workers can take up to 20 weeks combined. |
| New Jersey | Up to 12 weeks of job‑protected leave every 24 months under the NJ Family Leave Act. | Family Leave Insurance (FLI) pays up to 12 weeks (8 weeks if intermittent) of benefits; Temporary Disability Insurance pays up to 26 weeks of partial wages for pregnancy or childbirth recovery. |
| New York | 12 weeks of job‑protected leave. | Paid Family Leave (PFL) pays up to 12 weeks at about 67 % of wages; Disability Benefits Law provides up to 26 weeks of partial pay for pregnancy. |
| Oregon | 12 weeks of job‑protected leave under the Oregon Family Leave Act; an additional 2 weeks for pregnancy complications are allowed under Paid Leave Oregon. | Paid Leave Oregon pays up to 12 weeks of benefits, with up to 14 weeks when pregnancy complications occur. |
| Rhode Island | 13 weeks of job‑protected leave in a 2‑year period. | Temporary Caregiver Insurance (TCI) pays up to 8 weeks of benefits for bonding; Temporary Disability Insurance (TDI) pays up to 30 weeks of partial wages for pregnancy or other disabilities. |
| Washington | 12 weeks of job‑protected family leave; up to 14 weeks when pregnancy complications arise. | Paid Family and Medical Leave pays up to 12 weeks of benefits, with up to 14–18 weeks when multiple qualifying events or complications occur. |
States With Job‑Protected Parental Leave, But No Statewide Paid Program
These states provide maternity/parental leave rights beyond FMLA but do not offer universal wage‑replacement benefits. Workers may still receive pay through employer policies or short‑term disability programs.
- Hawaii – The Hawaii Family Leave Law guarantees up to 4 weeks of job‑protected leave for childbirth or adoption. The state’s Temporary Disability Insurance (TDI) law requires employers to provide partial wage replacement for non‑work‑related illnesses, including pregnancy; the statutory benefit pays 58 % of average weekly wages for up to 26 weeks.
- Maine – Guarantees up to 10 weeks of job‑protected leave in a 2‑year period. A paid program begins in May 2026 and will provide 12 weeks of benefits.
- Maryland – The Parental Leave Act provides up to 6 weeks of unpaid job‑protected leave. The Time to Care Act will begin providing 12 weeks of paid leave in 2028.
- Massachusetts – In addition to the paid PFML program, the state’s Parental Leave Law guarantees 8 weeks of job‑protected leave for birth or adoption.
- Minnesota – The Pregnancy and Parental Leave Act gives employees 12 weeks of unpaid job‑protected leave. Paid benefits arrive in 2026.
- Vermont – The Parental and Family Leave Act provides 12 weeks of job‑protected leave. The Family and Medical Leave Insurance (VT‑FMLI) program is a voluntary insurance option that can provide up to 6 weeks of paid leave.
- Wisconsin – The Wisconsin Family and Medical Leave Act allows up to 6 weeks of job‑protected leave for birth or adoption and 2 weeks for a serious personal health condition or family care.
- Tennessee – Tennessee’s Parental Leave Act entitles eligible employees to up to four months of unpaid leave for pregnancy, childbirth, adoption, and nursing. Employees must have worked for the employer for at least 12 consecutive months, and the leave may be paid or unpaid at the employer’s discretion.
- Rhode Island – Although the state has paid TCI/TDI programs, job protection for parental leave comes from the Parental and Family Medical Leave Act, which provides 13 weeks of job‑protected leave in any 2‑year period.
- District of Columbia – Beyond the paid program, the D.C. Family and Medical Leave Act allows 16 weeks of job‑protected family leave every 24 months.
Additional 2026 changes expand job protection in a few states:
- New Hampshire – Employers with 20 or more employees must allow workers to take up to 25 hours of unpaid, job‑protected leave for their own prenatal/post‑birth medical appointments or for their child’s pediatric appointments in the first year. Parents who work for the same employer must share the 25 hours.. The state also offers a voluntary paid‑leave insurance program providing 6 or 12 weeks of paid leave.
- Illinois – Effective June 1 2026, the Family Neonatal Intensive Care Leave Act requires employers with 16 or more employees to grant up to 10 days of unpaid, job‑protected leave when an employee’s child is in a neonatal intensive care unit (NICU). Employers with 51 or more employees must provide 20 days. This leave is separate from FMLA and may be taken intermittently in increments of at least two hours.
Voluntary Paid Family‑leave Insurance States
Some states allow employers to purchase voluntary paid family‑leave insurance policies from private carriers. These laws encourage coverage but do not mandate benefits.
As of 2026, Alabama, Arkansas, Florida, Kentucky, South Carolina, Tennessee, Texas, Virginia, and Vermont offer such programs. New Hampshire operates a voluntary program for private employers that can provide 6 or 12 weeks of paid leave, depending on the insurance policy, according to NCLS. Details such as premium costs and wage‑replacement rates are set by insurers and vary by employer.
States With No Additional Protections Beyond the FMLA
Many states do not provide leave rights beyond the federal FMLA.
According to a better balance guide, Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire (beyond its voluntary program), New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia and Wyoming lack state‑specific maternity‑leave laws.
Employees in these states rely entirely on FMLA (if their employer meets coverage thresholds) or on employer‑provided benefits.
Trends Heading into 2026 And New Developments
States and municipalities continue to refine leave policies. Delaware’s Paid Family and Medical Leave Insurance program and Minnesota’s PFML program both took effect on Jan. 1 2026, bringing paid leave to workers who previously had none. Colorado expanded its program, allowing parents with infants in neonatal intensive care units (NICUs) to receive 12 additional weeks of job‑protected and paid leave beyond the standard 12 weeks.
Washington broadened its job‑restoration rights by lowering the employer‑size threshold to 25 workers beginning Jan. 1, 2026. Connecticut’s paid sick leave law now covers more workers in businesses with 11 or more employees, while New Hampshire requires employers with 20 or more workers to provide 25 hours of unpaid, job‑protected leave for postpartum and pediatric appointments. Illinois enacted a Family Neonatal Intensive Care Leave Act, effective June 1, 2026, requiring up to 20 days of unpaid leave for employees with a child in a NICU.
Other notable developments: Pittsburgh expanded its paid sick time ordinance to allow faster accrual and larger balances, Mississippi created paid parental leave for state employees, and Tennessee extended its public‑sector paid leave to include end‑of‑life care.
Rhode Island increased its Temporary Caregiver Insurance from seven to eight weeks and added organ donation and siblings as covered reasons.
Maine’s PFML program begins paying benefits on May 1, 2026, while Maryland’s Time to Care Act contributions start in 2027 with benefits in 2028. Several states, including Hawaii, Illinois, Nevada, New Mexico, Pennsylvania, and Virginia, are considering new PFML programs.
Despite these improvements, the average amount of maternity leave taken by U.S. workers still hovers around 10 weeks, with significant differences by income and employer size. As more states implement PFML programs and expand job‑protected leave, experts expect durations and wage‑replacement rates to increase. Employers can also voluntarily offer paid parental leave; research suggests such benefits improve retention and productivity.
Conclusion
In 2026, maternity leave in the United States remains highly dependent on where you live and who you work for. The federal FMLA ensures 12 weeks of job‑protected leave without pay. Fourteen states and the District of Columbia now provide paid family leave or will do so by the end of 2026, offering between 8 and 16 weeks of benefits with varying wage‑replacement rates.
Many states still provide only unpaid, job‑protected leave, and some rely on voluntary insurance programs. On average, new mothers in the U.S. take around 10 weeks off, far less than the months of paid leave offered in countries like Sweden or the U.K.