Paid maternity leave: Laws by state in 2025
Understanding how maternity leave and family leave operate in each state can make or break a company’s compliance strategy. Navigating the interplay between federal laws, state laws, and employers’ internal guidelines is more than just a routine policy check—it’s a cornerstone of a supportive workplace culture. And the stakes are high: Employees are seeking robust paid parental leave as part of their benefits packages, while employers need clarity to uphold the laws and protect both workers and the organization.
If you’ve ever asked yourself “How long is maternity leave?” or “Is maternity leave required in the US?”, this comprehensive guide will walk you through everything from understanding what parental leave is to learning how maternity leave works in 2025.
In this article, we’ll break down the Family and Medical Leave Act (FMLA), explore state laws that go above and beyond federal law, and highlight temporary disability insurance, short term disability, and other benefits that can supplement unpaid or partially paid leave. We’ll also uncover the key distinctions between paid sick leave, paid parental leave, and paid family leave, give you insights on eligibility, and answer the big questions about adoption, foster care, and giving birth.
By the end, you’ll not only understand how employers can structure a strong maternity leave policy, but also how to keep your workers well-supported during pregnancy, childbirth, and beyond.
What is maternity leave?
Maternity leave refers to the period of family leave granted to an employee who is welcoming a child, typically through giving birth, but also through adoption or foster care. However, what is parental leave in a broader sense? It’s the family leave that may apply to any parent—including fathers, adopting parents, and new parents in other circumstances. In some states, coverage extends to family members involved in bonding with a child or foster care arrangement.
While maternity leave often focuses on recovering from pregnancy and childbirth, many state laws also offer or require paid parental leave for fathers or other family members. These laws vary significantly across state lines, with some unpaid and others guaranteeing partially or fully paid time off. The availability of short term disability, temporary disability insurance, and paid sick leave can influence how employees manage their wage replacement during these weeks of family leave.
Maternity leave federal laws
When people talk about maternity leave under federal law, they usually refer to the FMLA—the Family and Medical Leave Act. The Family Medical Leave program, also simply known as FMLA leave, gives eligible employees of covered employers up to 12 weeks of unpaid family leave (or medical leave) per year. The unpaid portion is key: The FMLA itself doesn’t offer paid leave, but it protects the employee’s position and employment status during their medical leave.
The FMLA covers workers in both the public and private sectors, including federal employees and state employees if the employer has at least 50 workers within a 75-mile radius and the employee meets eligibility criteria (for example, being employed for at least 12 months and logging 1,250 hours in that period).
Note that the Family and Medical Leave Act isn’t just for maternity leave—it also applies for caring for family members (like a parent, spouse, or child) due to serious health conditions, including pregnancy-related complications. While the FMLA is a powerful federal law, it doesn’t guarantee paid time off. Instead, employees may combine FMLA leave with paid sick leave, temporary disability insurance, or short term disability programs to build partially or fully paid family leave or paid parental leave if their employer doesn’t offer paid maternity leave.
How long is paid maternity leave by state
Below, see how paid leave works in each state in 2025. Learn where there’s paid and unpaid family leave beyond the FMLA, who is eligible, how long paid leave lasts, and how much employees typically receive. Please note that laws change, so always check official state resources or the Department of Labor for the most current information.
State
Unpaid leave beyond FMLA?
Who is eligible and length of paid leave
How much do employees receive during leave?
Alabama
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Alaska
The Alaska Family Leave Act provides up to 18 weeks of unpaid leave in a 24-month period
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Arizona
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Arkansas
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
California
The California Family Rights Act (CFRA) expands job-protected leave to employees who work at companies with five or more employees in California. California’s Paid Family Leave (PFL) provides temporary disability insurance to new parents who take leave.
Employees with one year of work and at least 1,250 hours of work within the last year.
Eight weeks of paid leave.
70–90% (depending on income) of wages you earned five to 18 months before your claim start date
Colorado
Colorado’s Family & Medical Leave Insurance Program (FAMLI) provides paid, job-protected leave to eligible employees
Employees who earned $2,500 over the previous year for work performed in Colorado.
12 weeks of paid leave.
90% of the portion of weekly wages that is less than or equal to 50% of the state average weekly wage. 50% of the portion of weekly wages that is more than 50% of the state average weekly wage.
Connecticut
CT Paid Leave (CTPL) provides covered workers with income replacement benefits when they take family leave. CTPL is not job-protected leave
Employees of covered employers, which includes almost all businesses with one or more employees working in Connecticut.
12 weeks of paid leave.
Up to a maximum of 60 times the Connecticut minimum wage
Delaware
Delaware Paid Leave goes into effect Jan. 1, 2026.
Employees who have been employed for at least one year and at least 1,250 hours with a single employer, who has a minimum of 10 employees.
12 weeks of paid leave.
80% of the employee’s weekly wage with a maximum of $900 per week
Florida
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Georgia
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Hawaii
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Idaho
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Illinois
The Paid Leave for All Workers Act (PLAWA) allows workers to earn up to 40 hours of paid leave each year, which can be used for any reason, including parental leave
All workers with some limited exceptions, like independent contractors and college students employed part-time by their school.
40 hours of paid leave.
100% of the employee’s normal pay
Indiana
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Iowa
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Kansas
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Kentucky
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Louisiana
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Maine
Beginning in 2026, eligible workers will have paid time off to bond with a child after birth, fostering or adoption
Nearly all employees in Maine, including full-time, part-time, temporary, and seasonal workers. Self-employed workers can opt in for coverage.
12 weeks of paid leave.
90% of the portion of weekly wages that is less than or equal to 50% of the state average weekly wage. 66% of the portion of weekly wages that is more than 50% of the state average weekly wage. Benefits will be capped at 100% of the state average weekly wage
Maryland
Beginning July 1, 2026, Maryland Family and Medical Leave Insurance (FAMLI) will provide paid, job-protected leave to eligible employees
Employees who work at least 680 hours in positions based in Maryland in the four quarters prior to their leave.
12 weeks of paid leave.
Up to $1,000 per week
Massachusetts
Massachusetts's Paid Family and Medical Leave (PFML) offers workers paid time off of work for family or medical reasons
Employees who meet earnings requirements, including earning at least $6,300 (rounded to the nearest hundred dollars) during the last four completed calendar quarters prior to their leave, or earning at least 30 times the weekly benefit they’re eligible to collect.
26 weeks of paid leave.
Up to $1,170.64 per week
Michigan
No additional family leave under state regulations
Workers must meet FMLA eligibility.No mandated paid leave.
N/A
Minnesota
No additional family leave under state regulations
Does participate in company processes; an employee’s work is considered integral to the business
N/A
Mississippi
No additional family leave under state regulations
Agreement does not have a defined end date (though many countries permit fixed term employment agreements)
N/A
Missouri
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Montana
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Nebraska
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Nevada
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
New Hampshire
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
New Jersey
New Jersey’s Family Leave Insurance program provides workers with cash benefits to take paid leave to bond with a newborn or newly placed adoptive or foster child
Any New Jersey worker who contributes to the state plan for Family Leave Insurance or an approved private plan.
85% of the employee’s average weekly wage
New Mexico
No additional family leave under state regulations
Does participate in company processes; an employee’s work is considered integral to the business
N/A
New York
New York State Paid Family Leave provides eligible employees with job-protected, paid time off to bond with a newly born, adopted, or fostered child. As of January 1, 2025, workers in New York who are pregnant receive additional paid time off for doctors’ appointments and other prenatal care.
Full-time employees after 26 consecutive weeks of employment. Part-time employees after 175 days of employment, which do not need to be consecutive.
12 weeks of paid leave.
67 percent of the employee’s average weekly wage, capped at 67% of the Statewide Average Weekly Wage (SAWW)
North Carolina
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
North Dakota
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Ohio
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Oklahoma
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Oregon
Paid Leave Oregon offers paid, job-protected leave to Oregon workers who give birth, adopt, or foster a child. Many Oregon workers are also eligible for paid sick time.
Employees who work in Oregon and earned at least $1,000 in the base year prior to their leave are eligible for paid leave. Employees who work for an employer with 10 or more employees are eligible for paid sick time.
12 weeks of paid leave. One hour of paid sick time for every 30 hours worked up to 40 hours per year.
Up to $1,568.60 per week
Pennsylvania
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Rhode Island
Rhode Island provides paid, job-protected time off to new parents through its Temporary Caregiver Insurance (TCI) program
Most employees who work in Rhode Island (even if they live out of state), as long as they pay into the TCI fund.
6 weeks of paid leave.
60% of the employee’s average weekly wage, up to a maximum of $795 per week
South Carolina
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
South Dakota
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Tennessee
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Texas
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Utah
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Vermont
Vermont Voluntary Paid Family and Medical Leave Insurance (FMLI) provides paid, job-protected leave for new parents. The program started with state employees and is being expanded to include other types of Vermont workers.
Vermont State government employees. Private sector and non-state public employers can opt in. Self-employed individuals will be eligible to opt in beginning Jul 1, 2025.
6 weeks of paid leave.
60% of the employee's average weekly wage
Virginia
No additional family leave under state regulations
Agreement does not have a defined end date (though many countries permit fixed term employment agreements)
N/A
Washington
Washington Paid Family and Medical Leave offers paid time off to workers with serious health conditions. Prenatal or postnatal care, pregnancy, and childbirth qualify for paid leave under the law.
Employees in Washington who worked 820 hours in the four quarters prior to their leave.
12 weeks (up to 18 weeks for pregnancies with certain complications).
Up to $1,542 per week
West Virginia
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
Wisconsin
Wisconsin has its own Family and Medical Leave Act (WFMLA), which allows for up to six weeks of unpaid leave, but doesn’t require any paid leave
Employee has at least 1000 hours of work and paid leave for employer in the preceding 52 weeks and employee worked for employer for at least 52 consecutive weeks.
No mandated paid leave.
N/A
Wyoming
No additional family leave under state regulations
Workers must meet FMLA eligibility.
No mandated paid leave.
N/A
How to create a maternity leave policy: 4 steps
Crafting a solid maternity leave policy (or broader parent and family leave policy) can help employers stay compliant with various laws and better support their employees. Below are four steps to get you started:
Step 1. Evaluate the legal requirements
First, examine the FMLA rules, federal employees pay regulations, any relevant state laws, and your local Department of Labor standards.
This involves checking how unpaid medical leave is mandated, whether your organization is required to offer paid family leave, and if temporary disability insurance must be included.
It’s also wise to determine if your organization needs to comply with a paid leave act at the municipal or local level, and whether additional federal laws (like ones covering federal employees) apply.
Step 2. Define eligibility criteria
Decide which employees are eligible for paid parental leave leave based on their employment status, hours worked, and length of service. Determine whether part-time workers in your organization also qualify.
For example, some employers may require that workers be employed for at least a year before qualifying, while others might adopt a more inclusive approach to remain competitive and supportive of new parents.
Step 3. Determine the leave duration and pay structure
Decide on how many weeks of paid time (or partially paid time) you’ll offer. Some employers align with the 12 weeks under FMLA for family leave and offer full or partial wage replacement, leveraging short term disability insurance. Others require their employees to dip into their paid sick leave banks to cover time off after welcoming a new family member. Also consider if voluntary coverage expansions—like an extended paid family leave beyond the FMLA period—are feasible for you. This type of mixed approach can offer employees flexibility.
Step 4. Outline the application and approval process
Create a clear procedure for how employees should request maternity leave or family leave. Specify the documentation required (e.g., medical certifications for pregnancy or childbirth, foster care or adoption papers), the notice period, and approval timelines.
A transparent process helps both workers and management understand their responsibilities, whether you’re complying with federal law, state law, or an employer-specific requirement.
How to handle paid maternity leave: 4 tips
Once your policy is in place, here are some best practices to help you seamlessly manage paid maternity leave:
1. Establish a clear maternity policy
Both employers and employees benefit from a well-documented plan that clarifies eligibility, length of medical leave, whether it’s fully or partially paid leave, and guidelines for returning to workplace duties. Clear communication fosters trust between workers and management.
2. Plan for work coverage during the leave
Arrange interim staffing or work redistribution while the employee is on family leave. Employers can encourage collaborative planning so that no tasks slip through the cracks, and workers feel less pressure to rush back post-childbirth, adoption, or foster care.
3. Provide emotional and professional support
Bringing a child home—whether through pregnancy, adoption, or foster care—is an emotional experience. It can be hugely beneficial to offer resources like counseling, mentorship programs, and check-ins to keep the returning parent engaged and confident. Perks like childcare support can also enhance the transition period.
4. Foster an inclusive workplace culture
When new parents return, promote a flexible environment that acknowledges ongoing caregiving responsibilities. Encourage empathy and open dialogue among employees so that workers who have recently given birth or adopted a child feel supported. An inclusive approach helps retention and morale, showcasing the company’s commitment to family leave.
Rippling: Streamline maternity leave and stay compliant
For businesses interested in streamlining one or more HR functions, Rippling's HR services provide access to expert assistance without sacrificing flexibility. Bring your own brokers, benefits, and workers’ compensation plans, and Rippling takes charge of administration and compliance work, such as state tax registrations and EPLI claims support.
Automate the admin work that comes with hiring in new places—from automatic state and local payroll tax registration to compliance with local laws like paid maternity leave. Rippling's all-in-one workforce management platform provides all the HR and compliance services to help you manage your workforce so you can focus on what matters: growing your business.
FAQs on paid maternity leave by state
How does paid maternity leave work?
Paid maternity leave often combines family leave with medical leave to provide a period of paid time for employees dealing with pregnancy, childbirth, or bonding between new parents and their child.
Many employers leverage programs like short term disability or temporary disability insurance for partial wage replacement. The exact structure varies according to state law, federal law (e.g., the FMLA), and individual employer policies.
Is maternity leave paid in the US?
While the Family and Medical Leave Act (FMLA) offers 12 weeks of job-protected, unpaid medical leave, it doesn’t require paid leave. Paid maternity leave typically stems from state programs (for example, paid family leave programs in California, New Jersey, New York, etc.) or employers offering voluntary coverage. Federal laws do not universally mandate paid time off for childbirth in the US.
Can I use short-term disability insurance for maternity leave?
Yes, many employees rely on short term disability or temporary disability insurance for partial wage replacement during medical leave associated with pregnancy or birth. In states that mandate temporary disability insurance (like Hawaii, New Jersey, Rhode Island, California, and New York), workers may automatically contribute from their paychecks. Check your employer’s policy, and state law guidelines to confirm.
Which states offer paid maternity leave benefits?
States including California, New Jersey, Rhode Island, New York, Washington, Massachusetts, Connecticut, Oregon, and Colorado currently or soon will offer some form of paid family leave or paid parental leave. Programs differ in eligibility, duration, and wage replacement rates. Always verify up-to-date laws through official state websites or the Department of Labor for the most accurate information.
This blog is based on information available to Rippling as of February 24, 2025.
Disclaimer: Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.
