Federal and State Maternity Benefits


working mother

While there are no federal laws that outline a specified maternity leave for expectant mothers in the United States, the Family and Medical Leave Act applies to all 50 states.

Many U.S. companies are working towards having more family-friendly policies.

There are also 21 individual states that have laws that offer some form of maternity leave exception. The United States is one of only five countries that does not provide a federally mandated maternity leave or require employers to provide some sort of maternity leave provision.

Since its inception in 1993, the Family and Medical Leave Act (FMLA) has allowed more than 40 million workers to experience the many benefits it offers. However, current legislators want to reformat the FMLA guidelines to include more workers, more types of businesses, and to make maternity leave more affordable for everyone.

Under FMLA, a covered employer must allow an eligible employee a maximum of 12 weeks of unpaid leave during a 12 month period of time. FMLA eligibility would apply in the following situations:

  • Birth and care of a newborn child of the employee
  • In cases of a foster child or an adoption by the employee
  • To take care of an ill member of the immediate family (spouse, child, or parent)
  • Personal medical leave if an employee is disabled and cannot work

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Federal and State Maternity Benefits

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15 comments

  1. Bonnie says:

    You are missing states in your article. Please add Colorado.

  2. isabel says:

    Lots of info… thanks

  3. Diana says:

    Nothing in Florida…

  4. KITTYNOLAND says:

    Wow! I’m almost irritated. I fully didn’t expect to see my dear state of New Mexico offering anything! My son spent two months in the NICU two hours from our home. I was a first time mom and the day my son came home; my husband went to work from 6 p.m-6a.m. I don’t want to complain too much because my husband is a linear accelerator operator. He has a fabulous job. Nonetheless, I wonder if all these benefits contribute to our broken economy? I do think having socialized daycare would be awesome. It would allow women to continue working without ending up on numerous needed welfare benefits. I am a German -American and it irritates me that women are not even recognized as workers, if they stay home and raise children. In Europe, you are paying into your social security, of sorts. Then again, how many Americans would be willing to give up 51% of their paycheck to have all the socialized benefits which European countries offer?

  5. KaelinRae says:

    I still need to get with my personnel person and discuss my options. I’m going to be working for a new store in the chain that is almost done being built, so every one is scattered at different locations.

  6. Aiden says:

    Great article. Very informative. Do they have paternity leave info?

  7. verochka31 says:

    Great article! it’s nice to know that woman still have respectful right to take care of themselves and their babies.

  8. Janice says:

    It is nice to see that women have a way to take care of there self.

  9. I wish there was some kind of act that helps employees of a seasonal job to receive some sort of maternity leave pay.

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