Maternity leave by state

Want exact dollar figures based on your income? Use the maternity leave pay calculator.

The 3 layers of maternity leave

Most parents don't realize maternity leave is actually 3 separate things stacked on top of each other.

1. Federal FMLA — 12 weeks of unpaid, job-protected leave. You need at least 12 months at a company with 50+ employees within a 75-mile radius. Almost every parent has heard of FMLA; about 60% of US workers qualify.
2. State paid family leave (PFL) — paid benefit funded by either employee contributions, employer contributions, or both. Currently in 13 states + DC. Pays a percentage of your wages while you're out.
3. Short-term disability (STD) — pays a portion of wages during medical recovery from childbirth (typically 6 weeks vaginal, 8 weeks C-section). Either through your employer or a state program (5 states require it: CA, HI, NJ, NY, RI).

You can stack all three. The catch: STD usually replaces income for the recovery period only, while PFL covers bonding time. Done right, you can get up to 26 weeks of partial pay in some states.

States with paid family leave (13 + DC)

If you live or work in one of these, you have access to paid leave on top of (or in place of) employer benefits. Weeks listed are for parental leave (different from caregiving leave, which is sometimes longer).

• California — 8 weeks at 70–90% of wages (lower earners get the higher %). Combined with state disability for recovery, parents can get up to ~16 weeks paid.
• New York — 12 weeks at 67% of wages, capped at the state average weekly wage.
• New Jersey — 12 weeks at 85% of wages, capped at $1,055 per week (2026).
• Massachusetts — 12 weeks at 80% of wages up to 50% of state average, then 50% above (capped weekly amount).
• Washington — 12 weeks at 90% of wages up to 50% of state average, then 50% above. Capped at $1,542 per week (2026).
• Oregon — 12 weeks at 100% of wages for lower earners, scaled down for higher earners. Capped weekly.
• Colorado — 12 weeks at 90% of wages (lower earners) to 50% (higher earners). Capped weekly.
• Connecticut — 12 weeks at 95% of wages, capped at 60x the state minimum wage per week.
• Rhode Island — 7 weeks at 60% of wages.
• Delaware — 12 weeks at 80% of wages (rolling out in 2026).
• Maine — 12 weeks at 90% lower / 66% higher wages (rolling out in 2026).
• Maryland — 12 weeks at up to 90% of wages (rolling out in 2026).
• Minnesota — 12 weeks at 90% lower / 55% higher wages (rolling out 2026–2027).
• District of Columbia — 12 weeks at 90% of wages for lower earners.

States with state-mandated short-term disability (5)

These states require employers to provide STD coverage. Even without state-paid PFL, you'll have something for the recovery period:

• California — SDI pays 60–70% of wages for up to 52 weeks; recovery typically uses 6–8 weeks.
• Hawaii — TDI pays 58% of wages for up to 26 weeks.
• New Jersey — TDI pays 85% of wages, capped.
• New York — DBL pays 50% of wages for up to 26 weeks, capped at $170 per week (lower than most other states).
• Rhode Island — TDI pays 60% of wages.

The other 37 states

If your state isn't listed above, you get only:

• Federal FMLA (12 unpaid weeks if you qualify).
• Whatever your employer voluntarily offers.
• Whatever short-term disability you've privately purchased or your employer offers.

This is most of the country. In these states, your maternity leave depends almost entirely on your employer's policy, your union contract (if any), and your savings.

How to stack benefits (real-world example)

Scenario: California-based parent, vaginal birth, employer offers no paid leave.

1. Weeks 0–6 postpartum: California State Disability (SDI). 60–70% wage replacement.
2. Weeks 6–14: California Paid Family Leave (PFL). 70–90% wage replacement.
3. Total paid weeks: 14 weeks at 70–90% wages, all funded by state programs.

Same scenario in Texas:

1. Weeks 0–12: FMLA — job-protected but unpaid.
2. Total paid weeks: Zero, unless your employer offers leave or you've bought private disability insurance.

That's the gap. Where you live matters as much as where you work.

What FMLA actually protects

Federal FMLA gives you:

• 12 weeks of leave per 12-month period.
• Job protection (same or equivalent job upon return).
• Health insurance continuation at the same employer cost.

You qualify if all three apply:

• You've worked for your employer for at least 12 months.
• You've worked at least 1,250 hours in the past 12 months (~25 hours/week).
• Your employer has 50+ employees within 75 miles.

About 60% of US workers qualify. If you don't, you may still have rights under state law (some states have stricter coverage rules than federal FMLA).

Pregnancy Discrimination Act + PWFA

Two federal laws give you additional protections during pregnancy itself:

• Pregnancy Discrimination Act (PDA) — applies to employers with 15+ employees. Prohibits firing, demoting, or refusing to hire someone because of pregnancy.
• Pregnant Workers Fairness Act (PWFA) — passed 2022, took effect 2023. Requires reasonable accommodations during pregnancy (sitting breaks, water, lighter duty, etc.) unless they cause undue hardship.

Together, these don't pay you, but they do mean you can't be punished for being pregnant or asking for reasonable accommodations.

How to file (timeline)

Different states + employers have different forms. The basic timeline for most states:

• 4–6 weeks before due date: Notify HR formally in writing. Some employers require 30 days' notice.
• 2 weeks before due date: File state PFL or SDI claim if applicable (some states allow earlier filing).
• Within 30 days of birth: File any remaining paperwork — short-term disability claim, employer parental leave forms, certificate of birth submission.
• 2 weeks before return date: Confirm return date with HR, including any flex/part-time transition.

The employer paid-leave gap (and what to ask)

Even in PFL states, employer-paid leave is often the main benefit. Questions to ask HR:

• "Do we offer paid parental leave separate from state benefits?"
• "How many weeks are paid, and at what percentage?"
• "Does it stack on top of state PFL, or does the company offset what the state pays?"
• "Is short-term disability included?"
• "Can I use accrued PTO/sick leave on top of paid leave?"
• "What's the policy on partial-pay or extended leave beyond the standard weeks?"

Get answers in writing. Verbal HR promises don't survive HR turnover.

If you're self-employed or a contractor

Most paid leave programs don't cover 1099 workers automatically. Some states let you opt in voluntarily (CA, NJ, RI, WA, OR, CT). You pay into the system and qualify after a waiting period.

If your state doesn't offer this and you want paid leave, your options are private short-term disability insurance (buy 1+ year before pregnancy) or savings.

What to do if you live in a no-PFL state

Three plays:

1. Push your employer. Many employers in low-PFL states have voluntarily expanded their own paid leave. Negotiate during your hiring/review cycles.
2. Buy short-term disability privately. The bigger insurers (Aflac, etc.) let you buy STD coverage outside an employer. Buy it before pregnancy — most won't cover a pregnancy that's already underway.
3. Save aggressively starting at trying-to-conceive. Aim for at least 12 weeks of expenses saved by the time you deliver. Treat it like a paid leave fund.