One of your best employees just told you she’s pregnant. You’re genuinely happy for her. Then the questions start: How much leave can she take? Will it be paid? What does the law actually require? And suddenly, you’re navigating a maze of federal policies that barely exist and state laws that shift depending on local jurisdictions.
Maternity leave is time off given to employees before and after childbirth. In the United States, sometimes it’s paid. Often it’s not. The structure depends on where you operate and what your company offers beyond the legal minimum. What makes this simple concept so confusing is that, among required full-time employee benefits, the U.S. has no universal federal paid maternity leave program. Instead, it has a patchwork system where individual states set their own rules.
For employers trying to build competitive benefits packages or navigate compliance across multiple locations, this creates real challenges. You might have employees in California enjoying robust paid family leave while colleagues in Texas rely solely on unpaid FMLA protections. The differences are stark. The implications are significant.
This guide breaks down which states offer paid maternity leave programs and what they actually provide. We’ll walk through the benefits available in each state so you can understand your obligations as an employer and make informed decisions about supporting your team.
Federal maternity leave: An overview
At the federal level, the U.S. guarantees very little. The main protection comes from the Family and Medical Leave Act, passed in 1993. But it has significant gaps that leave many workers without coverage.
The FMLA basics
FMLA provides up to 12 weeks of unpaid, job-protected leave for childbirth and bonding. Your employee can take the time off without losing her position. But there’s no requirement to pay her during those weeks.
The law only applies to companies with 50 or more employees. Your employee also needs to have worked for you for at least 12 months and logged 1,250 hours during that period. If your company is smaller or your employee is newer, FMLA doesn’t help.
What employers actually provide
Many companies fill the gap with their own policies. Some offer paid maternity leave as a standalone benefit. Others use short-term disability insurance to cover a portion of the leave period. And some let employees stack PTO to create paid time off.
The range is enormous. A tech startup might offer 16 weeks fully paid. A small retail business might only provide what FMLA requires. Industry norms and competition for talent shape what companies actually deliver beyond the legal minimum.
States with paid maternity leave programs
As of late 2025, 13 states plus the District of Columbia have active paid family leave programs that cover maternity leave. Two additional states will launch their programs in 2026. The specifics vary dramatically from state to state.
Here’s what each jurisdiction currently offers:
- California. The state’s Paid Family Leave program provides up to eight weeks of benefits at 60% to 70% wage replacement. The percentage depends on income level, with lower earners receiving higher replacement rates.
- Colorado. Colorado’s FAMLI program launched in 2024 and offers up to 12 weeks of leave with wage replacement funded through premiums paid by both employers and employees. Benefits are calculated based on average weekly wages.
- Connecticut. Employees receive up to 12 weeks through the state’s Paid Family and Medical Leave Act (PFMLA). Workers get 95% of their wages up to a specified weekly cap.
- Delaware. Employer and employee contributions in Delaware’s Paid Family Medical Leave began in January 2025, with benefits starting in January 2026. Workers receive up to 12 weeks at 80% of their average weekly wages, capped at $900 per week.
- District of Columbia. The Universal Paid Leave program offers up to 12 weeks of coverage for new parents. Wage replacement rates vary based on income levels.
- Maine. The new Paid Family and Medical Leave program began collecting contributions in January 2025, with benefits available starting in May 2026. Eligible workers receive up to 12 weeks using a tiered structure that provides 90% replacement for lower wages and 66% for higher wages.
- Maryland. Contributions to Maryland Family and Medical Leave Insurance (FAMLI) don’t begin until January 2027, with benefits starting in January 2028. Once active, eligible workers will receive up to 12 weeks at up to $1,000 per week.
- Massachusetts. The state provides up to 12 weeks of family leave through its Paid Family and Medical Leave program. Workers can access up to 26 weeks total when combining medical and family leave, with benefits capped at $1,170.64 per week.
- Minnesota. The state’s paid leave program launches in January 2026, providing up to 12 weeks of family leave for bonding with a new child. Workers can access up to 20 weeks total when combining family leave with medical leave for pregnancy complications.
- New Jersey. Family Leave Insurance has been operating for years and provides up to 12 weeks of coverage. Workers receive approximately 85% of their average weekly wages during leave.
- New York. The Paid Family Leave program offers up to 12 weeks at 67% of average weekly wages. As of 2025, benefits are capped at $1,177.32 per week.
- Oregon. Paid Leave Oregon launched in 2023 and provides up to 12 weeks of family bonding leave. Benefits are calculated at varying rates based on income, with a cap of $1,568.60 per week.
- Rhode Island. The Temporary Caregiver Insurance program covers up to six weeks of leave. Workers receive 60% of their average weekly wages, capped at $795 per week.
- Washington. The state offers up to 12 weeks of paid family leave through its Paid Family and Medical Leave program. Workers experiencing pregnancy complications can access up to 18 weeks, with benefits reaching up to 90% wage replacement capped at $1,542 per week.
States without paid maternity leave programs
The majority of U.S. states have no statewide paid maternity leave mandates. In these jurisdictions, employees depend entirely on federal FMLA protections for job security and whatever benefits their employer chooses to provide. This creates a significant gap in coverage, especially for workers at smaller companies that fall outside FMLA requirements.
Without state programs, working parents face tough choices. They can exhaust their PTO and sick days. They can negotiate unpaid leave and try to cover expenses with savings. Or they can return to work earlier than they’d prefer.
Employers in these states often use paid maternity leave benefits as a competitive recruitment tool. Companies that offer generous policies stand out in tight labor markets. But the absence of mandates means benefits vary wildly between industries and company sizes.
Here are the states without paid maternity leave programs:
- Alabama
- Alaska
- Arizona
- Arkansas
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Michigan
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- West Virginia
- Wisconsin
- Wyoming
Employer considerations by state
Navigating maternity leave requirements across different states means dealing with a patchwork of rules and obligations. What applies in Colorado might look completely different from what’s required in Michigan or Ohio. Here are the key areas where employers need to pay attention.
Understanding eligibility requirements
Each state sets its own rules for who qualifies for paid leave benefits. Washington requires employees to work at least 820 hours during a qualifying period. Massachusetts looks at earnings thresholds, requiring workers to earn at least $6,300 in the four completed calendar quarters before their leave. These differences mean your compliance obligations shift depending on where your employees work.
Payroll funding obligations
Operating in states with paid leave programs comes with direct costs. Most programs are funded through payroll taxes split between employers and employees. Delaware caps contributions at 0.8% of wages, while other states use different formulas and maximum contribution amounts. You need to factor these ongoing expenses into your budget when expanding into new states.
Compliance and penalties
Getting state leave requirements wrong can trigger fines and legal disputes. Each program has specific notice requirements, contribution deadlines, and administrative processes. Staying current with changes is essential since programs continue to evolve and states regularly adjust benefit caps and eligibility rules.
The recruitment advantage
In states without mandated paid parental leave, generous maternity benefits become a powerful hiring tool. Offering 12 or 16 weeks of paid leave in Texas or Florida immediately sets you apart from competitors relying on unpaid FMLA alone. Companies serious about attracting top talent in these markets often build robust leave policies that exceed what the law requires.
“Providing full or partial pay during this period can significantly alleviate financial stress and allow employees to focus on their health and new baby,” suggests Meg Faure, a best-selling author and entrepreneur who started Parent Sense. “While paid leave is optimal, it’s not always practical for businesses,” Faure says. So, companies should “offer as much as possible.”
Best practices for employers managing maternity leave policies
Building a strong maternity leave strategy takes more than checking off compliance boxes. The best employers treat leave policies as part of their broader talent strategy, balancing legal requirements with competitive benefits that reflect their values.
Here are the essential practices for getting it right:
- Communicate leave options clearly. Workers need to understand their rights well before they need them, so provide detailed information about eligibility, duration, and pay structure. Transparent communication builds trust and prevents confusion when employees are preparing for leave.
- Supplement state programs. Even in states with paid leave mandates, topping up benefits to 100% wage replacement or extending leave duration beyond state minimums sets you apart. This approach signals that you value your employees beyond what the law requires.
- Standardize policies where possible. Creating a baseline policy that exceeds the highest state requirements simplifies administration and ensures equity across your workforce. You can then layer in state-specific elements where local laws demand it.
- Track regulatory updates. New programs are launching regularly, and existing ones adjust benefit caps, contribution rates, and eligibility criteria. Staying current prevents compliance gaps and helps you plan for increased costs in new jurisdictions.
- Plan for work coverage. Arrange interim staffing or redistribute responsibilities before someone goes on leave so they feel less pressure to stay connected or return early. Thoughtful coverage planning protects both business continuity and employee well-being.
- Offer phased return options. Allowing employees to return part-time or with flexible hours for the first few weeks eases the transition and reduces return-to-work anxiety. This flexibility improves retention and helps new parents adjust to their dual responsibilities.
While maternity leave directly benefits employees, research indicates that “offering parental leave can also benefit organizations themselves, improving recruitment, retention, and employee engagement,” reports Zara Abrams, science writer at the American Psychological Association. “But for leave to help companies and individuals, it needs to be seen as usable,” she adds.
Simplify U.S. maternity leave by state with Pebl
Managing maternity leave across multiple states or countries gets complicated fast. Pebl’s global benefits platform brings everything into one centralized system, handling payroll, benefits administration, and compliance across 185+ countries and all U.S. jurisdictions.
Instead of juggling different state programs, contribution rates, and eligibility rules manually, you get a unified dashboard that keeps your team compliant while your employees access the benefits they’re entitled to. Contact us to learn more.
This information does not, and is not intended to, constitute legal or tax advice and is for general informational purposes only. The intent of this document is solely to provide general and preliminary information for private use. Do not rely on it as an alternative to legal, financial, taxation, or accountancy advice from an appropriately qualified professional. The content in this guide is provided “as is,” and no representations are made that the content is error-free.
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