A comprehensive guide to maternity leave in the US

Maternity leave can be challenging for both employers and eligible employees to navigate. 

In the United States, certain rights are protected under federal law while some states have additional regulations. On top of that, your company can have its own policy on maternity leave. 

Luckily, maternity leave in the US does not have to be confusing. In this article, we'll break down what maternity leave in the US looks like. We'll also summarize best practices on maternity leave so your organization can support expecting employees in the best way possible.

What is maternity leave?

Maternity leave is a type of family medical leave that is protected under federal and state law in the United States. It specifically protects pregnant team members when they need to take extended time off work to care for themselves and recover from a pregnancy. 

Maternity leave also extends to the care of newborns or other new family members, such as adoptive or foster children. In the US, 40% of employers offer paid maternity leave, up 8% from previous years.

While some employers might think that maternity leave is an expense, companies can benefit from a reasonable maternity policy. Employers who show that they care about their employees’ well-being tend to recruit top talent.

Well-managed family and medical leave can improve workplace productivity and employee retention. In fact, 69% of employees stay loyal to employers who offer comprehensive benefits that include maternity leave.

Is maternity leave a legal requirement in the US?

The short answer to this question is yes. Some employers go further and offer additional coverage and protection for maternity leave.

Which laws govern maternity leave in the US? 

There are three main federal regulations concerning maternity leave: the Family and Medical Leave Act (FMLA), the Pregnant Workers Fairness Act (PWFA), and certain stipulations under the Americans with Disabilities Act (ADA). Some states in the US have additional personal leave policies for maternity leave.

Let’s take a look at how each of these policies and regulations work.

Family and Medical Leave Act (FMLA)

Employees who work for covered employers can qualify for maternity leave under the Family and Medical Leave Act (FMLA). These employees are allowed to take unpaid, job-protected leave during a defined 12-month period for specified family and medical reasons. Under the FMLA, eligible employees receive up to 12 weeks (or 480 hours) of unpaid leave time.

Employers can’t fire an employee while they’re on leave. The individual also has the right to return to the same or equivalent position when they return from their leave.

Essentially, employers are expected to ensure a mother who takes time off after a pregnancy isn’t going to have to take a step back in their career as a consequence. Communicating your support to your employee can also help them have peace of mind when they start their maternity leave. 

Americans with Disabilities Act (ADA)

A pregnancy that results in long-term (12 weeks or more) complications may qualify as a disability. Some long-term pregnancy-related impairments that are covered under the ADA include those related to walking, standing, and lifting. Other covered impairments include issues with musculoskeletal, neurological, cardiovascular, circulatory, endocrine, and reproductive function.

Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act makes sure pregnant workers are treated fairly in the workplace when they need accommodations, either before, during, or after pregnancy.

The PWFA is a new regulation that aims to fill in the gaps left by the FMLA and the ADA. It protects employees from discrimination when they need their employer to make changes in the workplace, even though they don’t technically have a disability. For instance, a pregnant employee might need more frequent breaks, ‌uniform accommodation, or the assurance of closer parking. 

This law applies solely to pregnancy-related accommodation. 

You can further support your team members by communicating your willingness to accommodate them during their pregnancy journey. Ask them if there is anything your company can do to help, and make sure they feel like their needs are being met. The bottom line is that helping your employees have a safe, healthy pregnancy can help them thrive during and after the experience.

Maternity leave entitlement by state

Most states offer specific maternity protections.

If your company is located in a state with specific maternity laws, be diligent about staying updated on those regulations. Laws change, so it’s worth reviewing your maternity leave policy annually to check for any gaps to make sure you're staying compliant.

Many of the states on the list allow extended leave for expectant parents and their partners. Most of them are augmented by family medical leave provisions that are protected under the FMLA. In certain cases, employees may qualify for up to 30 weeks of leave. 

In Rhode Island, for example, a new parent may qualify for up to 30 weeks of parental leave when a major disability is involved. Covered workers are eligible for a 60% wage replacement, with a maximum benefit of $795.00 paid out per week.

In most cases, extended state leave is available for the birth, adoption, or foster placement of a new child. The leave time usually also covers employees who have developed a serious health condition because of the pregnancy.

To see a full and current breakdown of maternity leave laws by state, check out our free US State Explorer tool.

How does maternity leave work for a remote worker?

The US Department of Labor stipulates that parental leave applies in the same way to remote employees as it does to office employees. Simply put, if the employee is on the payroll, they have the same rights regardless of whether the employee is remote, hybrid, or otherwise.

How do you know if your company should offer maternity leave?

There are specific regulations for companies as well as eligible employees when it comes to maternity leave.

Covered companies

Under the FMLA, public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees must provide leave accommodations to pregnant workers.

Under the PWFA, a covered company includes private and public sector employers with at least 15 employees, federal agencies, employment agencies, and labor organizations.

Eligible employees 

Maternity leave is provided to workers under the FMLA if they have worked for their covered employer for at least 12 months and fulfilled at least 1,250 hours over the past 12 months. 

Under the PWFA, workers and applicants of covered employers who have known limitations related to pregnancy, childbirth, or related medical conditions are protected from work-related discrimination.

How familiar are you with mandated maternity leave policies? 

Adhering to maternity leave laws and policies is critical for HR professionals for many reasons. Not only do you want to support your expectant team members in their time of need, but you also want to ensure that you’re staying compliant with the applicable regulations. 

Do you have questions about how to stay compliant with maternity leave laws? Chat with an expert at Remote about benefits for your employees in the United States and beyond. 

How non-compliance can cost your company

Non-compliance with state and federal maternity leave policies is subject to private lawsuits as well as enforcement actions at the state and federal levels. Specifically, violations of protected maternity leave can result in the following regulatory actions against a business:

• Employees may be eligible for back pay. Typically, this covers lost pay due to violations from non-compliance with state or federal regulations.

• Employees may receive front pay beginning from the date of judgment and continuing until a specific date.

• Covered employers may be required to reinstate an employee to their former position if the employee was fired due to parental or disability discrimination.

• Eligible employees who can prove a protected leave violation are eligible to recoup attorneys’ fees and costs.

Company maternity leave policies: how does your company compare?

To build a competitive benefit package, it's good to know how employers and employees think about maternity leave.

For US employees, parental leave is one of the top 10 important benefits. In fact, companies that offer 12 weeks of paid maternity leave see 70% less turnover. Employee retention is one major reason why around 85% of US employers are expecting to extend their paid parental leave policy.

To learn more about how other countries outside the US create inclusive parenting policies, check out Remote's own research on parental leave in 11 countries.

How can HR professionals support employees applying for maternity leave? 

Is your organization providing enough support to employees eligible for maternity leave?

It’s important for any HR professional to fully understand the complexities of maternity leave management. Make sure that your organization stays compliant with maternity leave regulations, and educate your employees of their rights.

Here are points to consider to support your employees before they take maternity leave:

• Eligibility criteria: What benefits are your employees eligible for? How long do these benefits last? Do state regulations differ from federal ones?  

• Length of leave: How much leave time is allowed? How much time does your employee want to take?

• Any specific/reasonable expectations: Does the employee need to communicate with the employer during their leave? How will your employee contact the company if anything changes?

• Paid leave requirements: How does the employee apply for benefits? What paperwork should be filled out?

• The amount of time needed to file: Adhere to local and federal guidelines when collecting and submitting maternity leave paperwork.

Filing for maternity leave can be a laborious process for both the employer and employee. It can get exponentially more complex for companies with remote workers located in various states, or different countries. 

To keep track of your employees on leave and manage your global workforce all in one place, consider partnering with a global HR partner. A global HR Management platform like Remote can help you stay compliant with different maternity leave regulations, so your employees can focus on spending time with family.

HR answers for maternity leave

Understanding federal and state laws for maternity leave is only half the battle. For HR professionals, managing leave requests and providing support for eligible employees is also important.

A global HR Management platform like Remote can help you navigate maternity leave with ease. With one system for all your employee data, communications, and HR processes, you get more time to focus on building and supporting your team. 

Get started with Remote today.