The United States lacks a federal maternity leave policy, making it the only high-income nation without mandated paid leave for new mothers. While 96 percent of countries provide some form of paid maternity leave, and 81 countries extend this benefit to new fathers, the U.S. only requires employers to treat pregnancy and childbirth like other temporary disabilities under the Pregnancy Discrimination Act. There are certain maternity leave laws that vary by state so a centralized system remains missing in the country.
Although proposals for national paid maternity leave programs have been introduced, such as the one in the Build Back Better Act, individual state maternity leave regulations currently govern maternity leave policies. This comprehensive state-by-state maternity leave guide explores maternity leave laws, paid leave programs, advantages of offering maternity leave benefits, and best practices for implementation across the nation.
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Maternity Leave Laws by State
The government of individual states have taken matters into their own hands to develop policies surrounding maternity leave. These state maternity leave regulations vary significantly in terms of the duration and the terms of compensation, which makes it essential for companies to know what support is promised to their workers. This state-by-state maternity leave guide should be of use to you.
State Maternity Leave Laws Across the U.S.
Maternity leave laws in the United States vary significantly from state to state. As of now, 11 states (California, Colorado, Connecticut, Delaware, Massachusetts, Maryland, New Jersey, New York, Oregon, Rhode Island, and Washington) and Washington, D.C. have enacted comprehensive paid family and medical leave laws. These maternity leave laws by state differ in terms of their guidelines, but they generally provide at least 12 weeks of paid leave for new parents, with some offering even longer durations for medical leave.
| State | Paid Leave Duration | Wage Replacement Rate |
| California | 8 weeks | 60-70% (up to $1,540/week) |
| Colorado | 12 weeks | 90% (up to $1,100/week) |
| Connecticut | 12 weeks | 95% (up to $780/week) |
| Delaware | 12 weeks | 80% (up to $901/week) |
| Massachusetts | 12 weeks | 80% (up to $1,084/week) |
| Maryland | 12 weeks | 90% (up to $1,000/week) |
| New Jersey | 12 weeks | 85% (up to $903/week) |
| New York | 12 weeks | 67% (up to $1,068/week) |
| Oregon | 12 weeks | 100% (up to $1,469/week) |
| Rhode Island | 8 weeks | 60% (up to $978/week) |
| Washington | 12 weeks | 90% (up to $1,427/week) |
- In addition to these comprehensive laws, five states (California, Hawaii, New Jersey, New York, and Rhode Island) and Puerto Rico have established Temporary Disability Insurance (TDI) programs that provide partial wage replacement during disability leave, including for pregnancy and childbirth.
- Four states (California, New Jersey, Rhode Island, and Washington) have also implemented Paid Family Leave (PFL) programs that offer partial wage replacement for leave to bond with a new child or care for an ill family member.
- Several other states, such as Iowa, Louisiana, Maine, Minnesota, Montana, and Vermont, require companies to offer a minimum amount of unpaid maternity leave, typically ranging from 6 to 12 weeks.
Paid Maternity Leave Programs
A paid maternity leave program should be a part of company policy regardless of whether it is mandated by state maternity leave regulations. It allows workers to be open about their situation and aids in retention numbers that are backed by loyalty to the role.
Offering Paid Maternity Leave: A Strategic Advantage
Providing paid maternity leave can be a strategic advantage for companies in attracting and retaining top talent. According to a survey, 82 percent of Americans believe employees should be able to take paid maternity leave. Determining an affordable paid leave policy, including full salary or a percentage, and considering the costs of health insurance and temporary workers, can be a worthwhile investment.
State Paid Leave Programs
Several states have implemented paid family and medical leave programs that cover various reasons, including bonding with a new child, caring for a family member with a serious health condition, and addressing the employee’s own serious health condition. Most states offer up to 12 weeks of paid leave, with the wage replacement rate varying from state to state.
Benefits of Paid Leave
- Improved Employee Retention: Offering paid maternity leave can increase employee loyalty and reduce turnover costs.
- Enhanced Productivity: Employees who take adequate time off for childbirth and bonding tend to be more focused and productive upon their return.
- Positive Company Image: Companies that prioritize family-friendly policies often enjoy a better reputation and increased attractiveness to potential employees.
Advantages of Offering Maternity Leave
Apart from the legal protections of following through with the state-by-state maternity leave guide, there are many internal benefits of offering maternity leave.
Improved Employee Retention
Providing maternity leave benefits can significantly enhance employee retention rates. New mothers often face immense physical and emotional challenges during and after childbirth. By offering paid maternity leave, companies demonstrate their commitment to supporting employees during this crucial life event. This understanding and accommodation foster a sense of loyalty, making employees more likely to remain with the organization.
Enhanced Productivity and Focus
When employees are granted adequate time off to recover, bond with their newborns, and attend to their family’s needs, they tend to return to work more focused and productive. The stress and distractions associated with balancing work and new parenthood are alleviated, allowing employees to dedicate their full attention to their professional responsibilities upon their return.
Positive Company Reputation
Companies that prioritize family-friendly policies, such as paid maternity leave, often enjoy a better reputation and increased attractiveness to potential employees. In today’s competitive job market, offering comprehensive maternity leave benefits can be a significant advantage in attracting and retaining top talent, particularly among working parents and those planning to start families.
Best Practices for Implementing Maternity Leave
If you have to follow the maternity leave laws mandated by the state, you might as well do a good job of it.
Conducting Thorough Research
Implementing an effective maternity leave policy begins with conducting thorough market research. Employers should review the Family and Medical Leave Act (FMLA) and their state’s parental leave policies to ensure compliance. Additionally, researching what other companies in the same industry offer can help organizations stay competitive in attracting and retaining top talent.
Coordinating Logistics and Defining Policies
- Determine if maternity leave benefits will be the same for full-time and part-time employees.
- Decide when the benefits will start and establish guidelines for how much advance notice is required from employees.
- Clearly define the leave offerings, including what types of leave are provided and how the leave time is earned.
- Set rules around leave rollover and what happens to accrued leave when an employee separates from the organization.
Promoting and Communicating the Policy
- Include the maternity leave policy in the employee handbook and announce it to the entire team.
- Encourage leaders to take parental leave to show support and lead by example.
- Highlight the policy on the company’s careers page and in job descriptions to attract potential candidates
- Communicate the parental leave plan to the team, cross-functional partners, and manager as early as possible.