How Many Paid Maternity Leave Days Are Required In The Us?

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In the US, around 82 percent of Americans support access to paid parental leave, which is regulated by labor law. However, only twelve weeks of unpaid leave are required for mothers of newborn or newly adopted children, and only if they work for a company with fifty or more employees. Thirteen states and the District of Columbia offer mandatory paid family and medical leave programs, with California, Colorado, Connecticut, Delaware, Maine, Massachusetts, Maryland, Minnesota, New Jersey, and Rhode Island requiring paid parental leave to employees.

As of March 2023, only 27 of the 13 states and the District of Columbia have implemented mandatory paid family leave systems, primarily through a social insurance model funded by payroll taxes. The Family and Medical Leave Act (FMLA) was enacted in 1993, which required establishments with 50 or more employees to provide 12 unpaid workweeks of leave during the 12-month period beginning on the date of the birth or placement involved.

The average maternity leave in the US is 10 weeks, and only 12 percent of women in the private sector have access to any sort of paid maternity leave. There is no federal paid maternity leave, and it’s left to the states to figure out how to implement it.

Maternity leave in the US is primarily governed by the Family and Medical Leave Act (FMLA), a federal law that provides eligible employees with up to 12 weeks of unpaid leave annually for parents of newborn or newly adopted children. Paid parental leave under FEPLA is limited to 12 work weeks and may be used during the 12-month period beginning on the date of the birth or placement involved.

In 2026, there could be a big year for paid family leave, with new laws in Delaware, Maine, Maryland, and Minnesota expected to go into effect. The United States is the only high-income country in the world that does not mandate paid maternity leave, and only a small portion of the country has any statutory minimum for maternity leave compared to other countries.


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Is There A Lack Of Paid Maternity Leave In The US
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Is There A Lack Of Paid Maternity Leave In The US?

The United States currently lacks a federal law guaranteeing paid family or medical leave, placing it among just a few countries worldwide without such provisions. Unlike many developed nations, the U. S. does not provide a national paid parental leave program, leaving over 100 million workers—about 80% of the U. S. workforce—without paid time off for childbirth or adoption. Various proposals, including those associated with the FAMILY Act and the Build Back Better Act, have been brought forth but face significant roadblocks, despite strong public support. Presently, many states, such as California and New Jersey, do offer paid family leave; however, their provisions vary widely.

The most recent data indicate that only 27% of U. S. workers have access to paid parental leave, and employers appear to be reverting to pre-pandemic leave policies. The U. S. ranks lowest among 40 developed countries concerning paid parental leave, with an absence of federally mandated maternity leave. This lack has dire consequences, forcing many new mothers to leave their jobs or face reduced pay when seeking employment after parental leave.

Much of the debate around paid family leave increasingly highlights disparities, including those affecting transgender and non-binary parents who encounter challenges due to insufficiently inclusive company policies. Broadly, public sentiment supports paid maternity leave, indicating strong demand for change.

How Many Countries Have Maternity Leave
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How Many Countries Have Maternity Leave?

In 20 of 41 countries, the majority of paid leave is designated for maternity leave, with six countries – Canada, Israel, Slovakia, Switzerland, Costa Rica, and New Zealand – providing no paid leave for fathers. Over 120 nations offer paid maternity leave, with significant variation in duration and compensation. Among the 41 countries with paid maternity leave, higher-income nations like New Zealand, Iceland, and Ireland provide approximately six months (26 weeks) of maternity leave.

In contrast, African and Middle Eastern countries tend to have shorter leave durations. Overall, 141 countries offer some form of maternity leave, with only seven lacking a legal requirement for employers to provide paid leave. The International Labor Organization (ILO) highlights that 119 countries meet the standard of 12 weeks' maternity leave, while 62 provide 14 weeks or more. Notably, many countries, including Germany, Sweden, and France, established paid maternity leave over a century ago.

Current leave policies show that Australia offers 20 weeks at minimum wage, China mandates 14 weeks at 100% pay, and Italy provides 20 weeks at 80% pay. Additionally, globally, 109 countries have parental leave available for fathers, with 47 offering more than four weeks. In total, maternity leave policies differ significantly across nations, with clear disparities in duration and payment structures.

How Many Days Maternity Leave In Usa
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How Many Days Maternity Leave In Usa?

The Family Medical Leave Act (FMLA) allows eligible employees up to 12 weeks of unpaid, job-protected leave, primarily addressing family and medical needs, including maternity leave for mothers and parental leave for fathers. However, many individuals do not qualify under the federal law, and there is no mandated federal paid maternity leave in the United States; it is up to states to implement their own policies. Currently, only California, Rhode Island, and New Jersey offer paid maternity leave.

The average maternity leave taken by new mothers in the U. S. is about 10 weeks, of which part may be covered by paid sick or personal leave, leaving the rest unpaid. The FMLA applies to both biological and adoptive parents but fails to guarantee paid leave, making the U. S. one of the few countries without such a provision. Each state and company may have different regulations and benefits, affecting the length and payment status of maternity leave.

Consequently, many parents return to work after the 12-week FMLA period, despite individual circumstances varying widely. Ultimately, while the FMLA provides a safety net, it is limited in scope, especially regarding paid leave options.

Does The US Have Mandatory Paid Maternity Leave
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Does The US Have Mandatory Paid Maternity Leave?

In the U. S., there is no federal law mandating paid maternity leave, making it unique among high-income nations. The primary legal protection for maternity leave comes from the Family and Medical Leave Act (FMLA), which guarantees job protection for up to 12 weeks of unpaid leave after childbirth or adoption for certain employees. Currently, only 13 states and the District of Columbia have enacted mandatory paid family leave systems, while nine additional states offer voluntary paid leave through private insurance.

As of 2020, the Federal Employee Paid Leave Act provides 12 weeks of paid parental leave for eligible government employees, but this does not extend to the broader workforce. Despite discussions surrounding paid leave proposals, a vast majority of workers lack access to paid parental leave. Only eight states offer publicly funded paid maternity leave, including California, New Jersey, and Rhode Island, while many employees continue to face a lack of financial support during maternity. Overall, the U. S. remains the only one among 41 nations assessed that does not guarantee any paid leave for new parents, underscoring significant gaps in support for families welcoming children.

What US States Have Mandatory Maternity Leave
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What US States Have Mandatory Maternity Leave?

Thirteen states—California, Colorado, Connecticut, Delaware, Maine, Massachusetts, Maryland, Minnesota, New Jersey, New York, Oregon, Rhode Island, and Washington—along with the District of Columbia, have established mandatory paid family and medical leave programs. The United States lacks a nationwide maternity leave policy, leading various states to implement their own leave mandates. While no federal law requires paid maternity leave, eight states—California, Connecticut, Massachusetts, New Jersey, New York, Rhode Island, Washington, and Oregon—offer publicly funded paid maternity leave.

Maternity leave in the U. S. is primarily governed by the Family and Medical Leave Act (FMLA), which allows eligible employees up to 12 weeks of unpaid job-protected leave annually. In addition to the mandatory systems, nine states have voluntary programs that provide paid family leave via private insurance. Starting in 2020, several states, including California, New Jersey, and Rhode Island, required paid parental leave even for small businesses.

The landscape of parental leave varies across the nation, with disparities in benefits and coverage, complicating compliance for employers. The United States remains unique among wealthy nations for not offering a national paid parental leave program, igniting discussions about potential reforms in the future.

Is There Paid Maternity Leave
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Is There Paid Maternity Leave?

In the U. S., there is no federal paid maternity leave, placing the responsibility on individual states, with only California, Rhode Island, and New Jersey currently offering paid leave policies. Approximately 25% of women feel compelled to return to work within two weeks of giving birth due to economic pressures. While the Family and Medical Leave Act (FMLA) allows for up to 12 weeks of unpaid leave, it does not mandate payment, leading to disparities in how leave is handled across states, where some allow paid leave for fathers as well.

In contrast, the U. S. stands out as the only OECD country lacking a national paid parental leave policy, with only 11 states providing paid maternity leave, mostly concentrated on the East Coast. Research indicates that paid parental leave is beneficial for parents, children, and society, and there is growing support for instituting such policies at the federal level. Existing state laws on paid family and medical leave help mitigate wage loss during significant life events, including illness and childbirth.

However, overall, U. S. policies remain fragmented and insufficient compared to other countries, where paid maternity leave is often a statutory right. This inconsistency emphasizes the need for comprehensive maternity leave reform.

How Common Is Paid Maternity Leave In The US
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How Common Is Paid Maternity Leave In The US?

As of March 2021, only 23% of civilian workers and 23% of private industry workers had access to paid family leave, while 89% had access to unpaid leave. The average paid maternity leave provided by employers is around 8 weeks, though federal law mandates only 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA). A substantial 70% of women take some maternity leave, averaging around 10 weeks, but a significant portion remains unpaid.

Currently, just 21% of U. S. workers have employer-provided paid family leave. Only eight states offer publicly funded paid maternity leave: California, Connecticut, Massachusetts, New Jersey, New York, Rhode Island, Washington, and Oregon. Comparatively, numerous countries allocate most paid leave for maternity leave, with in some nations, such as Canada and Israel, maternity leave making up all paid leave. Since 2020, the number of organizations providing paid maternity leave decreased from 53 to 35.

Consequently, paid parental leave has become a pivotal strategy for employers aiming to attract talent, with 33% of employees requesting additional maternity leave. Despite the FMLA's provisions, a meager percentage of low-income workers access paid family leave, with only 14% of part-time workers receiving it.

How Many Days Of Maternity Leave Are In The US
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How Many Days Of Maternity Leave Are In The US?

The United States lacks a national paid parental leave law, relying instead on the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave to eligible employees. This allows employees to return to their previous positions after leave. While the federal FMLA mandates unpaid leave, states such as California, New Jersey, New York, Rhode Island, and Washington offer paid family leave systems that include maternity leave benefits.

Currently, only a few states, including California, New Jersey, and Rhode Island, have active paid maternity leave policies. On average, new mothers take around 10 weeks of maternity leave, with some days being covered by paid sick or personal time. The average paid parental leave period among U. S. employers is approximately eight weeks. Notably, the FMLA protects up to 12 weeks of unpaid maternity leave but does not guarantee pay, and many eligible employees may not take the entire duration due to financial constraints.

Comprehensive knowledge of federal and state laws, employer policies, and tips for planning maternity leave is crucial for expectant parents. While 55% of U. S. employers provide paid maternity leave and 45% offer paid paternity leave, disparities exist across states, underscoring the lack of a uniform federal policy.

Which States Have Paid Maternity Leave
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Which States Have Paid Maternity Leave?

In the United States, only eight states provide publicly funded paid maternity leave: California, Connecticut, Massachusetts, New Jersey, New York, Rhode Island, Washington, and Oregon. While there is no national maternity leave policy, many states offer job protection beyond the Family and Medical Leave Act (FMLA). Thirteen states plus Washington D. C. have mandatory paid family leave programs, while nine states have voluntary systems allowing paid family leave through private insurance.

The average payment for paid maternity leave is about $1, 140. 66 per week among states that offer it. States such as California, New Jersey, New York, Rhode Island, and Washington have designed paid family leave systems that encompass maternity leave. Currently, 11 states along with Washington D. C. provide comprehensive paid family leave policies, while some others have enacted voluntary paid leave options. Notably, Hawaii also has provisions for paid temporary leave.

The landscape of maternity leave varies significantly across states, and many workers still face limited access to paid parental leave. Further details, including who pays for maternity leave and which states provide the best benefits, can be explored for more information on state-specific laws and regulations.

Does The US Have Maternity Leave
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Does The US Have Maternity Leave?

The United States stands out as the only wealthy nation without a national paid parental leave program, contrasting sharply with its status as one of the world’s richest countries. While 13 states and the District of Columbia have implemented mandatory paid family and medical leave, the U. S. lacks a federal mandate for paid maternity leave, leaving many women vulnerable. The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave, but this law does not guarantee compensated time off.

Consequently, many women face immense pressure to return to work shortly after childbirth—25% within just two weeks. Additionally, the U. S. is among nine OECD countries that lack leave policies for fathers as well. Some states, like California, Rhode Island, and New Jersey, have adopted their own paid leave policies; however, the federal landscape remains stagnant with no universal provisions in place. Despite proposals for improvement and some administrative support, the inadequacy of maternity leave in the U.

S. means many workers do not have access to crucial paid family leave—a reality highlighted during the pandemic. Thus, the U. S. continues to fall behind other nations in affording parental leave, reflecting a persistent gap in social policy concerning family welfare.

Are US Companies Required To Give Maternity Leave
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Are US Companies Required To Give Maternity Leave?

The United States lacks a national mandate for paid maternity leave, leaving it to employers to decide whether to offer such benefits. While the Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for employees at companies with 50 or more workers, this law does not guarantee paid leave. As noted, certain states like California, New Jersey, New York, Rhode Island, and Washington have implemented paid family leave systems, but these are not uniform across the nation.

Unfortunately, many top companies do not provide paid parental leave for non-salaried, non-birth, or adoptive parents. Only thirteen states and the District of Columbia have mandatory paid family leave programs funded by payroll taxes, requiring participation from all businesses. The lack of a federal standard means that maternity leave policies can vary significantly, leading to gaps in access for many workers. The FMLA protects job leave but focuses on unpaid provisions, highlighting the inadequacies in the U.

S. system for maternity and family leave. Although some companies may offer paid leave, it is often limited to specific employee categories, leaving many without benefits. Overall, the U. S. stands out as the only affluent country without a national paid parental leave program.

How Many US Companies Have Paid Maternity Leave
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How Many US Companies Have Paid Maternity Leave?

As of September 2022, among the Russell 1000 companies, 60 of them disclosed having a paid parental leave policy, marking a 13 percentage point increase from 2021. However, access to paid family leave remains low, with only 27% of private sector workers able to utilize such benefits, as reported by the Bureau of Labor Statistics. The number of organizations providing paid maternity leave has decreased from 53 in 2020 to 35 in 2022, and the provision of paid paternity leave is also declining.

Currently, 55% of employers offer paid maternity leave, while 45% provide paternity leave. Access is starkly limited among lower earners, with only about 6% in the lowest income bracket having access to paid family leave. Additionally, around 12% of part-time workers qualify for such benefits. Only eight states offer publicly funded paid maternity leave, and 13 states have enacted paid family and medical leave laws. The average maternity leave duration across U.

S. companies is roughly 29 days, although variations exist, particularly in major tech firms. Despite some organizations making progress, many still maintain inadequate or discriminatory policies, particularly affecting fathers, adoptive parents, and low-wage employees.


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Freya Gardon

Hi, I’m Freya Gardon, a Collaborative Family Lawyer with nearly a decade of experience at the Brisbane Family Law Centre. Over the years, I’ve embraced diverse roles—from lawyer and content writer to automation bot builder and legal product developer—all while maintaining a fresh and empathetic approach to family law. Currently in my final year of Psychology at the University of Wollongong, I’m excited to blend these skills to assist clients in innovative ways. I’m passionate about working with a team that thinks differently, and I bring that same creativity and sincerity to my blog about family law.

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