How Long Is Maternity Leave? 0 Paid Days for Too Many Working Mothers 

82, 68, 52, 39—These are the number of weeks Estonia, Sweden, Japan, and Britain offer paid or partially paid parental leave to working mothers. So, what about the United States? How long is maternity leave?

Currently, the U.S. provides 0 days of guaranteed, paid maternity leave. 

As the Kaiser Foundation states, “unlike nearly all other industrialized nations, the U.S. does not have national standards on paid family or sick leave.” 

If a company does not offer paid maternity leave, new mothers receive no assistance other than the Family and Medical Leave Act (FMLA), which grants eligible employees the right to take up to 12 weeks of unpaid maternity leave within a 12-month period for the birth, adoption, or foster care placement of a child. Even then, it’s important to note that FMLA applies to certain employers and has specific eligibility criteria based on factors such as the size of the company and the length of an employee’s tenure. 

Essentially, this means some mothers are expected to return to work immediately after delivering or adopting their baby or face serious financial hardships. 

Because of this, it’s crucial to understand your employer’s specific policies regarding paid leave and explore available options for financial support during your maternity leave. Furthermore, maternity leave laws can vary from state to state. Certain states have implemented their own laws that provide additional benefits beyond FMLA, such as paid leave or longer periods of time off. It’s essential to familiarize yourself with the laws and regulations in your state to better understand the support available to you as a new mother.

Whether you’re seeking to understand your rights or extend your maternity leave, this article will serve as a comprehensive guide to help you navigate maternity leave, allowing you to make informed choices that best support you and your growing family.

What Is Maternity Leave?

Maternity leave refers to a period of authorized time off from work that is granted to expectant or new mothers, typically surrounding the birth or adoption of a child. The period of leave often takes place a few weeks before the due date and extends several weeks after the baby is born. During this time, maternity leave allows women to prioritize their health and well-being and establish a strong foundation for their child’s physical and emotional development during the early stages of parenthood. 

How Long Is the Average Maternity Leave? 

According to Zippia, the average maternity leave is 10 weeks, though most people associate the average maternity leave with 12 weeks because this is the time allowed by the Family and Medical Leave Act (FMLA). 

Understanding Your Rights Under FMLA

Here are the key legal rights provided by FMLA:

1. Length of Leave: FMLA grants eligible employees the right to take up to 12 weeks of unpaid leave within a 12-month period for the birth, adoption, or foster care placement of a child. This allows mothers to take time off to care for and bond with their newborn or newly adopted child.

2. Job Protection: Under FMLA, eligible employees are entitled to job protection, meaning they have the right to return to their position or an equivalent position with the same pay, benefits, and terms upon their return from maternity leave. This protection helps mothers focus on their new roles as parents without fearing losing their jobs.

3. Employer Coverage: FMLA applies to private-sector employers with 50 or more employees, federal government agencies, and local educational agencies. To be eligible for FMLA benefits, employees must have worked for their employer for at least 12 months and have accumulated at least 1,250 hours of work during that time.

4. Health Insurance Continuation: During maternity leave, eligible employees are entitled to maintain their employer-provided health insurance coverage on the same terms as if they were actively working. This ensures that mothers and their families can continue accessing necessary healthcare services.

Learn more about FMLA and maternity leave by visiting the Department of Labor’s FAQ page. 

Understanding Paid Family and Medical Leave (PFML)

Several states in the United States have implemented their own laws to provide additional support for new mothers beyond the federal provisions of the Family and Medical Leave Act (FMLA). 

PFML is a program implemented in certain states that provides eligible employees with paid time off for various family-related and medical reasons. This includes bonding with a new child, which encompasses maternity leave. 

These programs aim to support employees by offering partial wage replacement during their leave period for qualifying reasons. The specifics of PFML programs can vary by state, but here is a general overview of how it works and who is typically able to use it:

1. Eligibility: To be eligible for PFML, individuals typically need to meet specific criteria, such as having worked a minimum number of hours or contributing to the program through payroll deductions. Eligibility requirements may also consider factors like the length of employment or being covered under the state’s unemployment insurance system.
2. Covered Reasons: PFML programs generally cover specific situations, including but not limited to bonding with a new child, caring for a seriously ill family member, or attending to one’s own serious health condition. Maternity leave falls within the scope of bonding with a new child, allowing parents to take paid time off to care for and bond with their newborn or newly adopted child.
3. Duration and Wage Replacement: PFML programs typically provide a certain number of weeks of paid leave, often ranging from a few weeks to several months. The wage replacement rate, or the percentage of an employee’s average wages that will be paid during the leave, varies by state and program. Some programs may have a maximum benefit amount or cap on weekly benefits.
4. Application and Administration: Employees seeking to utilize PFML typically need to apply for the benefits through the designated state agency or program. Each state’s program will have its own application process and documentation requirements. Once approved, employees will receive payments during their leave period based on the program’s wage replacement provisions.

Best States for Maternity Leave

“To give children the best start in life, we need to help parents build the nurturing and loving environment that is so critical to children’s learning, emotional well-being and social development.”

Henrietta Fore, UNICEF Executive Director

According to the National Conference of State Legislatures, the best states for maternity leave include 11 states: California, Colorado, Connecticut, Delaware, Massachusetts, Maryland, New Jersey, New York, Oregon, Rhode Island, and Washington, plus the District of Columbia. 

Listed below are some of the country’s best policies for providing additional care and support to mothers:

1. California: California leads the nation in terms of maternity leave support. The state offers the California Paid Family Leave (PFL) program, which provides up to eight weeks of partial wage replacement for bonding with a new child. In combination with FMLA, eligible employees in California can receive a total of up to 18 weeks of job-protected leave.
2. New York: New York has implemented the New York Paid Family Leave (PFL) program, which provides eligible employees up to 12 weeks of paid leave to bond with a new child, care for a family member with a serious health condition, or address certain military family needs.
3. New Jersey: New Jersey offers the Family Leave Insurance (FLI) program, which provides eligible employees up to 12 weeks of partially paid leave for bonding with a new child or caring for a family member. The state’s program also extends job protection beyond FMLA.
4. Rhode Island: Rhode Island has the Temporary Caregiver Insurance (TCI) program, providing up to four weeks of partially paid leave for bonding with a new child or caring for a seriously ill family member. The state’s program complements FMLA’s job protection provisions.
5. Washington: Washington implemented the Paid Family and Medical Leave (PFML) program, providing paid leave for up to 12 weeks for bonding with a new child, caring for a family member with a serious health condition, or addressing certain military family needs.
6. Washington, D.C.: Washington, D.C. has the Universal Paid Leave Act (UPLA), which offers eligible employees up to eight weeks of paid leave for bonding with a new child, six weeks of paid leave for caring for a family member with a serious health condition, and two weeks of paid leave for personal medical reasons.

Maternity Leave in the U.S. vs. Other Countries

“The United States is the only developed country in the world without paid maternity leave.”

President Barack Obama

When comparing maternity leave policies, it becomes evident that the United States significantly lags behind other countries, resulting in a disadvantage for working mothers. 

For example:

• Out of 193 countries in the U.N., the U.S. is one of seven countries in the world not to offer paid parental leave. It is the only high-income country to do so. 
• Only 23 percent of people working at private companies have access to maternity leave.
• Mothers lose $22.5 billion in wages each year due to a lack of paid maternity leave in the U.S. 
• One-third of women take no maternity leave after the birth or adoption of a child. 
• A survey from Breeze found that 89% of women on unpaid leave without disability insurance couldn’t cover costs comfortably during their time off work, with almost 20 percent taking on credit card debt and almost 10 percent getting a personal loan. 
• Another survey from Breeze showed that in regards to unpaid maternity leave, “74% [of women] wouldn’t have any cash savings left after 8 weeks of unpaid maternity leave. 54% would consider a personal loan to cover costs, while 49% might dip into their retirement account.”
• In “Financial Hardship Among Pregnant and Postpartum Women in the United States, 2013 to 2018,” 24.2% of peripartum women reported unmet health care needs, 60.0% reported health care unaffordability, and 54.0% reported general financial stress. 
• A report from the Bipartisan Policy Center claims 1 in 5 mothers cite discrimation due to pregnancy at work. 
• According to a survey from Inhersight, 32 percent of mothers say they’ve experienced discrimination at work due to having children. 

As the research above shows, the U.S., as a country, offers limited provisions and fewer protections to working mothers. Several other nations, listed below, have implemented more comprehensive and progressive policies in the following categories:

Duration

In the United States, there is no mandated duration for paid maternity leave. However, countries like Sweden, Norway, Finland, and Germany set the bar high by providing generous leave periods. In Sweden, new mothers can take up to 480 days of paid leave, which can be shared with the father. Norway offers 49 weeks at full pay or 59 weeks at 80% pay. Finland grants each parent a seven-month period of paid leave. In Germany, parents can take up to three years of job-protected leave, with the option to apply for a parental allowance that lasts up to 14 months.

Paid Leave

Unlike the U.S., which does not guarantee paid maternity leave on a federal level, other countries prioritize financial security for new mothers. For instance, in Canada, eligible women can receive up to 15 weeks of paid leave, covering 55% of their average weekly earnings. Meanwhile, Iceland provides nine months of paid leave, covering 80% of the mother’s salary. In Norway, mothers receive 100% of their salary for the first 16 weeks and 80% for the remaining leave period. These examples demonstrate the commitment of these countries to ensure that mothers are financially supported during their maternity leave.

Job Protection

The United States offers job protection through the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid leave. However, several countries go beyond unpaid leave and ensure robust job protection during maternity leave. In addition to Germany, countries like Australia, France, and the United Kingdom provide strong job protection guarantees. In Australia, eligible employees have access to up to 52 weeks of unpaid parental leave, and it is illegal to terminate an employee due to pregnancy. France grants job-protected leave of up to 16 weeks, during which employers cannot terminate the employee’s contract. In the United Kingdom, eligible employees can take up to 52 weeks of maternity leave, with the first 26 weeks being job-protected.

Supportive Policies

Many countries recognize the importance of supporting working parents through additional policies. In the Netherlands, parents can take the number of hours they work, times it by 26, and receive that amount of unpaid time off for children under eight (so 1,040 hours over eight years for a 40-hour workweek). Denmark provides subsidized childcare, making it easier for parents to balance work and family life. Sweden offers affordable and accessible childcare services, ensuring parents can pursue their careers without compromising their children’s care. These supportive policies aim to create an environment where working parents can thrive both professionally and personally.

Frequently Asked Questions About Maternity Leave 

What is the average maternity leave?

According to Zippia, the average maternity leave is 10 weeks, paid or unpaid. Their study found eight weeks is the average maternity leave at companies, though federal law mandates 12 weeks of unpaid leave. 

Are Employers Legally Obligated to Pay for Maternity Leave?

No, they are not. In the United States, employers do not have to provide paid maternity leave on a federal level. However, as mentioned above in the sections on federal and state support, there are legal protections for eligible employees like FMLA, PFML, UPLA, and FLI. 

Do You Get Paid for Maternity Leave? If So, How Much?

In the United States, whether someone receives paid maternity leave varies depending on their employer’s policies and state laws. While the Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid leave, there is no federal law mandating paid maternity leave. Some employers offer paid maternity leave as part of their benefits package, but the duration and payment amount vary. Certain states, like California, New Jersey, New York, Rhode Island, and Washington, D.C., have implemented their own paid family leave programs that may include maternity leave. It is advisable to consult with employers or refer to state laws for specific information on eligibility, duration, and payment details.

How Much Do Companies Cover for Maternity Leave on Average?

Because paid parental leave is not mandatory in the U.S., companies are not required to financially cover those becoming new parents if they choose to take a leave of absence under FMLA. Research from Zippia found that only 40 percent of private companies offer paid maternity leave, while only 23 percent have access to parental leave. 

Before accepting an open role at a company, it is always a good idea to discuss employee benefits like parental leave. Each business varies when it comes to its maternity or paternity leave policies. For instance, some organizations might cover 100 percent of your pay for 12 weeks or 80 percent of your pay for eight weeks.

Is There a Way to Extend Maternity Leave?

Employer policies: Some employers may allow employees to extend maternity leave beyond the initial duration specified in their policies. This could be through the use of vacation or personal time or through negotiation with the employer for additional unpaid leave. It’s important to consult your employer’s policies or speak with the human resources department to understand the options available to you.

State laws: In some states, such as California, New Jersey, New York, Rhode Island, and Washington, D.C., there are state-level paid family leave programs that may provide additional leave beyond the federal FMLA. These programs may allow for an extended period of paid or partially paid leave, depending on the circumstances. It’s advisable to check the specific provisions of your state’s family leave program.

Can you get maternity leave if you only work part-time?

FMLA applies to both full-time and part-time employees as long as they meet the eligibility criteria. So, part-time employees may be eligible for unpaid maternity leave under FMLA if they meet the requirements.

In addition to federal laws, some states have their own maternity leave laws that provide more protections and benefits for employees. These state laws may offer paid maternity leave or extend the duration of unpaid leave beyond what is mandated by FMLA. Some states also have laws that apply specifically to part-time employees.

Given the complex and varying nature of maternity leave policies in the United States, it’s crucial to consult the specific federal and state laws, as well as your employer’s policies, to determine your eligibility and the benefits available to you as a part-time employee.

Pregnant and Need Paid Maternity Leave, But Don’t Have It? 

If you’re pregnant and your employer does not offer paid maternity leave, look into getting short-term disability insurance. You can do this through an employer-sponsored program if your company offers it or pay for it independently. Doing so should allow you to take time off of work while also still getting paid a percentage of your wages. To get started:

• Obtain short-term disability insurance: Short-term disability insurance is typically purchased either individually or through an employer-sponsored plan. It is important to check whether you have this coverage and understand its terms, including waiting periods and benefit amounts.
• Check eligibility requirements: Each short-term disability policy has specific eligibility criteria, which may include factors like the duration of employment or a waiting period before benefits kick in. Review the policy or contact the insurance provider to confirm if your maternity leave qualifies for coverage.
• Pregnancy and disability period: Many short-term disability policies consider pregnancy and childbirth as a temporary disability, allowing individuals to utilize the benefits during their maternity leave. Typically, a healthcare provider must certify the need for disability due to pregnancy or childbirth-related medical conditions.
• Submit a claim: To access short-term disability benefits, you will need to file a claim with your insurance provider. This usually involves completing a claim form, providing necessary medical documentation, and adhering to any specific deadlines outlined by the insurer.
• Benefit payment: If your claim is approved, the short-term disability insurance provider will typically begin paying benefits after a waiting period. The benefit amount is usually a percentage of your regular income, often ranging from 50% to 100%, and it is typically subject to a maximum limit.

If you are pregnant and facing hardships and stress because your employer is not providing you with maternity leave, remember that you have rights. Whether you take leave supported by FMLA, are granted short-term disability, or utilize your state’s laws, it is illegal not to allow mothers to take maternity leave. You also cannot be fired or discriminated against for being pregnant under the Pregnancy Discrimination Act (PDA). 

To read more about your rights and learn how to contact the Equal Employment Opportunity Commission, visit the National Partnership website.

Want more information on taking leave or having a more flexible work schedule? Learn about taking time off or discover work from home jobs next.