In the US, there is no federal requirement for employers to provide paid maternity leave to their employees, including paternal leave. Some states do require paid maternity leave.
What Is Maternity Leave?
Maternity leave is type of leave taken when an employee falls pregnant, scheduled to give birth or adopting a child. This type of leave allows new or existing parents to take time to adjust to a new routine with the addition to their family. However, in the US, there is no mandatory maternity leave policy, but there is a list of states whereby only mothers and not fathers are eligible for this type of leave.
How Long Is Maternity Leave In The US?
As stated by the U.S. Department of Labor, the Family and Medical Leave Act (FMLA) enables employees up to 12 weeks of unpaid, job protected leave per year for:
- The birth or placement of a child with the employee for adoption or foster care.
- To care for a spouse, child, or parent with a serious health condition.
- A serious health condition that makes the employee unable to work.
- Reasons related to a family member’s service in the military
States That Offer Maternity Leave In The US
Some states implement their own maternity leave laws with more benefits than the federal requirements. This means that maternity leave duration in the US and requirements differs per state and business. Below is a breakdown of which states offer maternity cover:
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Illinois
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Minnesota
- New Hampshire
- New Jersey
- New York
- Oregon
- Rhode Island
- Vermont
- Washington
Additionally, many US employers offer their own paid maternity leave policies or a longer duration entitlement as part of a benefits package to attract employees.
Communicate Your US Maternity Leave Policy
Overall, it's important to clearly communicate your US maternity leave policy in employment handbooks, review state regulations, and understand your rights under FMLA. This will help determine the length and type of maternity leave your US employees are entitled to.
Or you could use a US employer of record to assist in your employment compliance when employing in the US. Workwell Global has three decades of experience helping international companies, specifically recruitment agencies, hire talent; whoever and wherever in the US as an Employer of Record. Begin your US expansion journey and book a call with one of our employment experts today.
Disclaimer: The information provided here does not, and is not intended to, constitute legal advice. Instead, the information and content available are for general informational purposes only