Do companies have to give maternity leave by law? Federally, yes for many workers, but only as unpaid, job-protected time. The Family and Medical Leave Act entitles eligible employees to up to 12 weeks off around the birth of a child, and the Pregnancy Discrimination Act and Pregnant Workers Fairness Act protect you from being punished or refused reasonable accommodations for pregnancy. No federal law, however, requires an employer to pay you during maternity leave. Whether any of your time off is paid depends on the state you work in and what your employer voluntarily offers.1U.S. Department of Labor. Family and Medical Leave Act
What the FMLA Guarantees
The FMLA is the federal law that creates a right to maternity leave. Eligible employees can take up to 12 workweeks of unpaid leave in a 12-month period for the birth and care of a newborn. Both parents can use FMLA leave to bond with the baby during the first year after birth, and a birth mother can also use it for pregnancy-related health issues and recovery from childbirth. During your leave, the employer must keep your group health insurance in place on the same terms as if you were still working.1U.S. Department of Labor. Family and Medical Leave Act
When you come back, the employer must return you to the same job or to an equivalent role with the same pay, benefits, and working conditions. That requirement holds even if your position was restructured or someone was hired to cover your work.2eCFR. 29 CFR 825.214 – Employee Right to Reinstatement
Which Employers Are Covered, and Who Qualifies
The FMLA only applies to public agencies, public and private schools, and private companies with 50 or more employees within a 75-mile radius.3eCFR. 29 CFR 825.111 – Determining Whether 50 Employees Are Employed Within 75 Miles That threshold leaves out roughly 40 percent of the private-sector workforce. If your employer is smaller than that, federal law does not guarantee you any maternity leave at all, though a state law or company policy may still apply.
Working for a covered employer isn’t enough on its own. You also have to have been employed there for at least 12 months (they don’t need to be consecutive) and have worked at least 1,250 hours in the 12 months immediately before your leave starts. That works out to about 24 hours a week, so many part-time employees won’t clear the bar. Only hours actually worked count; paid and unpaid leave time does not.4U.S. Department of Labor. FMLA Advisor – Employee Eligibility
Is Any of It Paid?
Federal law does not require paid maternity leave. Whether you get a paycheck during time off usually comes from one of three sources.
State paid family leave programs. Thirteen states and the District of Columbia run mandatory paid family and medical leave programs, typically funded through payroll taxes. These programs replace a portion of your wages, not the full amount, for a set number of weeks — most offer around 12 weeks for bonding. Some states also run separate temporary disability insurance programs that cover pregnancy and childbirth recovery, which can extend the total paid time for a birth mother. Many state laws also apply to smaller employers that fall below the FMLA’s 50-employee threshold, so it’s worth checking your state’s rules even if you don’t qualify federally.5National Conference of State Legislatures. State Family and Medical Leave Laws
Short-term disability insurance. Many employers offer group short-term disability that covers pregnancy and childbirth, generally paying 50 to 70 percent of salary during the disability period. For an uncomplicated vaginal delivery, the covered window is usually about six weeks; for a cesarean, typically eight. Enrollment is often limited to open enrollment periods or qualifying life events, so if this is offered at your workplace, look into it well before your due date.
Employer policies. Some companies voluntarily offer paid parental leave. Policies vary enormously: some large employers provide 16 to 20 weeks of fully paid leave, others offer a few weeks at partial pay, and many offer nothing beyond what the law requires. Federal employees have a separate program under the Federal Employee Paid Leave Act, which provides up to 12 weeks of paid parental leave for eligible workers after a birth or placement.6U.S. Department of Labor. Paid Parental Leave
Other Pregnancy Protections at Work
Separate from leave, two federal laws protect you while you’re pregnant and working.
The Pregnancy Discrimination Act, an amendment to Title VII, applies to employers with 15 or more employees. It doesn’t create a right to leave. It requires that pregnancy, childbirth, and related medical conditions be treated the same as any other temporary condition that affects an employee’s ability to work. An employer cannot fire, refuse to hire, or demote you because of pregnancy, and health insurance must cover pregnancy-related expenses on the same terms as other conditions.7U.S. Equal Employment Opportunity Commission. Pregnancy Discrimination Act of 1978
The Pregnant Workers Fairness Act, effective June 2023, goes further. It requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related conditions, unless doing so would cause the business undue hardship.8Office of the Law Revision Counsel. 42 USC 2000gg – Definitions Reasonable accommodations can include schedule changes, a stool to sit on, more frequent breaks, access to food and water, telework, a temporary transfer to lighter duty, and time off for medical appointments or recovery.9U.S. Equal Employment Opportunity Commission. What You Should Know About the Pregnant Workers Fairness Act
After you return, the PUMP Act requires most employers to provide reasonable break time and a private space (not a bathroom) to express breast milk for up to one year after birth. Employers with fewer than 50 employees can claim an undue hardship exemption, but the Department of Labor treats that as a stringent standard.10U.S. Department of Labor. FLSA Protections to Pump at Work
How to Request Maternity Leave
If your need for leave is foreseeable, which a due date usually is, you must give your employer at least 30 days’ notice before FMLA leave begins. If that isn’t practical, such as with a premature delivery or sudden complication, notify your employer the same day you learn of the need or the next business day.11eCFR. 29 CFR 825.302 – Employee Notice Requirements for Foreseeable FMLA Leave
You don’t have to mention the FMLA by name. Giving enough information for the employer to recognize the leave qualifies is enough, such as saying you’ll need time off for the birth of your baby. Your employer can ask for medical certification to support the leave, and you have 15 calendar days to provide it once asked. Missing that window without good reason lets the employer delay or deny the leave.12U.S. Department of Labor. FMLA Advisor – Medical Certification – General Put your request in writing and keep copies.
Your Benefits During Leave
Group health insurance continues on the same terms as before, but you still owe your share of the premiums. If your payment is more than 30 days late, the employer can drop coverage after giving you 15 days’ written notice. When you return, the employer must restore your coverage immediately, with no waiting periods, no new enrollment hurdles, and no medical exams.13eCFR. 29 CFR 825.212 – Employee Failure to Pay Health Plan Premium Payments During FMLA Leave
Bonuses depend on how they’re structured. If a bonus requires hitting a specific goal like perfect attendance or a sales target and you didn’t hit it because you were on leave, the employer can withhold it. But if employees on other types of leave still receive the bonus, you’re entitled to it too. Your employer must treat FMLA leave at least as favorably as other comparable leave.14U.S. Department of Labor. FMLA Advisor – Equivalent Position and Benefits
If Your Employer Violates the Law
If your employer interferes with your leave, retaliates against you for taking it, or refuses to restore you to your job, you can file a complaint with the Department of Labor’s Wage and Hour Division or file a private lawsuit. You don’t need to do both, and you don’t need to file with the DOL before suing.15U.S. Department of Labor. FMLA Advisor – Filing a Complaint
If you win an FMLA case, the court can award lost wages and benefits, interest, and liquidated damages equal to the total of your lost pay and interest, effectively doubling the recovery. An employer only avoids liquidated damages by proving the violation was an honest, good-faith mistake. The court will also order the employer to pay attorney’s fees and court costs.16Office of the Law Revision Counsel. 29 USC 2617 – Enforcement For PWFA violations, you file a charge with the Equal Employment Opportunity Commission, following the same process used for other workplace discrimination claims. State family leave laws often have their own enforcement agencies and may allow additional remedies, including emotional distress damages, that federal law does not.
Document everything. Save emails confirming your leave request, note the dates of conversations with HR, and keep copies of any medical certifications you submit. Employers that break these laws often count on employees not knowing their rights or not having proof.