Is maternity leave paid? Understanding your rights and benefits
In the United States — the only developed nation without mandated paid maternity leave — new parents often face a heartbreaking choice: Return to work before they’re ready or risk financial stress and instability. Most leaves are shockingly short, unpaid, and rarely include both parents. This is unacceptable — especially since we know parental support plays a crucial part in breastfeeding success and family well-being postpartum.
The truth employers need to hear? Paid maternity and paternity leave are necessary. And leave isn’t just for the sake of the employee. When working parents are given the time and support they need, they return to the workforce more focused and engaged. They’re ready to take on challenges at work because they’ve had the chance to find their footing at home to properly recover and feel prepared to return to work at an appropriate time. Paid parental leave improves employee well-being and retention rates, making it a win-win for everyone. It’s time every employer offered it.
What is maternity leave?
Traditionally, maternity leave has been the time off mothers receive after the birth or adoption of a child. This invaluable time lets them recover and bond with their new baby. Paternity leave is becoming increasingly popular too, as it ensures all parents, regardless of gender, can share early caregiving responsibilities and spend quality time with their little ones.
For employers, providing paid maternity and paternity leave isn’t just ethical — it’s smart business. When companies offer paid leave to both parents, they create a workplace culture that values family, fosters loyalty, and reduces turnover. Studies show that parents who receive paid family leave return to work more productive, efficient, and committed. Paid family leave boosts employee morale and helps companies stand out in a competitive market where work-life balance is now a necessity.
Is maternity leave paid in the United States?
In the U.S., paid maternity leave is not guaranteed at the federal level. The Family and Medical Leave Act (FMLA) of 1993 provides up to 12 weeks of job-protected leave for eligible employees, but it’s unpaid.
The FLMA offers some protections. For instance, it ensures that employees don’t lose their job or get demoted because of their leave, as long as they return to “their same or an equivalent job.” The act also guarantees employees the same benefits before and after leave. However, many workers don’t qualify for FMLA, and it comes with limitations.
FMLA is only applicable to employees who work for companies with 50 or more employees in a 75-mile radius, have been with the company for at least 12 months, and worked at least 1,250 hours in the past year. If both spouses happen to work for the company, they must share the 12 weeks off between them. Because FMLA is unpaid, many parents can’t afford to take full advantage of it.
Different types of maternity leaves in the United States
In addition to FMLA, there are a few different types of maternity leave in the U.S. These vary widely depending on the employer, state, or local laws:
- Federal Employee Paid Leave Act (FEPLA): For eligible federal employees, paid parental leave is granted under FEPLA. It’s a substitute for unpaid FMLA leave and is available during the 12 months after birth or placement.
- Employer-provided paid maternity leave: Some companies offer paid maternity leave as part of their employee benefits package, but the length and payment terms vary. These terms are at the employer’s discretion.
- State-provided paid family and medical leave programs: A handful of states, including California, New York, New Jersey, Rhode Island, Washington, and Massachusetts, have their own Paid Family Leave (PFL) programs. These programs usually provide a portion of the employee’s salary for a set number of weeks; the exact percentage of pay and duration varies by state.
- Short-term disability (STD) insurance: Some employers offer short-term disability insurance that covers a portion of a parent’s salary during maternity leave. This benefit is often used to cover the recovery period after childbirth, typically six weeks, and longer for a C-section.
- Unpaid leave: For employees not covered by the above, unpaid leave may be the only option. While this allows parents time off, the financial strain can make it impossible to take the full 12 weeks or any extended time away at all.
Tips for returning to work from maternity leave
Going back to work after maternity leave is a huge adjustment that requires careful planning, patience, and support. This transition can bring a mix of emotions, from excitement about re-entering the workforce to anxiety about balancing your job with your new parenting responsibilities. To make this process as smooth as possible, connecting with an International Board Certified Lactation Consultant (IBCLC) can be incredibly beneficial.
An IBCLC can provide expert guidance tailored to your unique situation, helping you establish a feeding routine that accommodates both your work schedule and your baby’s needs. They can offer valuable tips on managing breastfeeding or pumping at work, including how to maintain your milk supply, how to store and transport breast milk, and how to communicate your needs with your employer. This support can empower you to navigate potential challenges confidently, ensuring you feel prepared as you step back into your professional role.
Also consider creating a plan that includes scheduling breaks for pumping, discussing flexible work options with your employer, and setting realistic expectations for yourself. Involve your partner or support system in this planning process to share responsibilities so you have a support network in place.
With the right strategies and resources, returning to work can be a positive experience that strengthens your family bond and allows you to thrive in both your personal and professional life.
Fighting for change: Paid maternity leave in the U.S. must improve
Simply put, the maternity leave support programs available in the U.S. have a lot of room for improvement. Even though a few states and forward-thinking employers offer paid maternity leave options, most U.S. workers rely on unpaid leave or partial pay, leaving many families without the support they need during such a critical time.
If all parents had access to paid maternity leave, downstream impacts would contribute to healthier workplaces with stronger employee retention. By advocating for paid leave, employers can turn the often-dreaded return to work into a seamless, empowering experience.
Parents deserve compassionate care and support before, during, and after maternity leave. Schedule an insurance-covered lactation consultation with one of our International Board Certified Lactation Consultants (IBCLCs) to connect with an expert, clinical ally who will offer prenatal through postpartum support at a critical time for prenatal and postpartum families.
We’re here for you, every step of the way. We work with your insurance to provide in-home, in-office, or telehealth visits with an IBCLC.
