Maternity Leave by State: Learn Your Rights
Wondering how your state measures up on maternity leave rights? Learn them here so you can take advantage of any family-friendly state benefits!
All 50 states and Puerto Rico fall under the federal Family and Medical Leave Act (FMLA) which entitles eligible employees to take unpaid, job-protected maternity leave for 12 weeks. But the following 18 states — plus the District of Columbia and Puerto Rico — have laws that are in some ways more generous than the FMLA.
Consider this your state-by-state guide to those extra maternity leave benefits. Don't see your state? Call or write your state representative and ask him or her to strengthen leave laws.
Western/Mountain States
California
Coverage: Women in workplaces with at least five employees; there are no requirements for number of months or hours worked.
Leave: The period of time during which you're disabled due to pregnancy and childbirth, up to a maximum of four months.
Pay: Women may collect state temporary disability payments of about two-thirds of their wages— up to $490 a week — for the time during which they're physically disabled due to pregnancy and childbirth (usually six to eight weeks). If a company continues health insurance for employees on other kinds of leave, it must do so for women disabled due to pregnancy and childbirth.
Hawaii
Coverage: All working women are eligible.
Leave: The period of time during which you're physically disabled due to pregnancy and childbirth (usually six to eight weeks).
Pay: Women may collect 58 percent of their average weekly wages from the state while they're physically disabled due to pregnancy and childbirth, up to a maximum of 26 weeks.
Montana
Coverage: All working women and adopting parents are eligible.
Leave: Up to six weeks of leave for disability due to pregnancy and childbirth; adopting parents may take 15 days for family leave.
Oregon
Coverage: Workplaces with at least 25 employees; you need to have worked at least 90 consecutive days. Temporary workers hired for less than six months are not covered.
Leave: 12 weeks for birth or adoption of a child up to age 6.
Washington
Coverage: Women at workplaces with at least eight employees.
Leave: The period of time during which you're physically disabled due to pregnancy and childbirth (usually six to eight weeks). If a company continues health insurance for employees on other leaves, it must do so for women disabled due to pregnancy and childbirth.
Midwest
Iowa
Coverage: Women at workplaces with at least four employees.
Leave: Up to eight weeks for disability due to pregnancy and childbirth.
Kansas
Coverage: Women at workplaces with at least four employees.
Leave: The period of time during which you're physically disabled due to pregnancy and childbirth (usually six to eight weeks).
Minnesota
Coverage: Workplaces with at least 21 employees; you need to have worked for 12 consecutive months at least half time.
Leave: Up to six weeks of leave for the birth or adoption of a child. Health insurance must be continued during leave; however, your employer may require that you pay for it.
East Coast
Connecticut
Coverage: Women at workplaces with at least three employees.
Leave: The period of time during which you're physically disabled due to pregnancy and childbirth (usually six to eight weeks).
New Jersey
Coverage and leave: Those eligible for the FMLA — which New Jersey grants to workers who have worked 1,000 hours in the past year — are secure in their job for 12 weeks.
Pay: All women may collect state payments for four weeks before the birth (if you go on leave at that point) and six weeks afterward for a vaginal delivery; eight weeks for a cesarean section. Payments are approximately two-thirds of your weekly wages, up to $401 per week. It's possible to collect payments but still lose your job if you don't qualify for the FMLA.
New York
Coverage and leave: Those eligible for the FMLA are secure in their job for 12 weeks.
Pay: All women who work in the private sector (as opposed to working for the government) can collect 50 percent of their average weekly wages — up to $170 a week — while they're physically disabled due to pregnancy and childbirth (usually six to eight weeks, up to a maximum of 26 weeks). It's possible to collect payments but still lose your job if you don't qualify for the FMLA.
New England
Maine
Coverage: Workplaces with at least 25 employees at a permanent work site; you need to have worked for 12 consecutive months.
Leave: Up to 10 weeks of leave over a two-year period for birth or adoption. Health insurance must be continued during leave; however, your employer may require that you pay for it.
Massachusetts
Coverage: Workplaces with at least six employees; you need to have completed your employer's initial probationary period or, if there's no probationary period, three consecutive months as a full-time employee.
Leave: Eight weeks of leave for birth or adoption of a child under age 18, or adoption of a child under age 23 if the child has a disability. Employers are not required to continue health insurance.
New Hampshire
Coverage: Women at workplaces with at least six employees are eligible. Nonprofit, religious, educational, fraternal, and charitable corporations are exempt (some private schools and hospitals, for instance, are excluded).
Leave: The period of time during which you're physically disabled due to pregnancy and childbirth (usually six to eight weeks). If a company continues health insurance for employees on other kinds of leave, it must do so for women disabled due to pregnancy and childbirth.
Rhode Island
Coverage and leave: Those eligible for the FMLA are secure in their job for 12 weeks.
Pay: All women may qualify to receive about 60 percent of their average weekly wages from the state -- up to $504 a week -- for the duration of disability (usually six to eight weeks, up to a maximum of 30 weeks). Women with other children may qualify for an additional benefit of up to $10 for each dependent, up to a maximum of five dependents. It's possible to collect payments but still lose your job if you don't qualify for the FMLA.
Vermont
Coverage: Workplaces with at least 10 employees; you need to have worked at least 30 hours a week for at least one year.
Leave: 12 weeks for birth or adoption of a child age 16 or younger. Health insurance must be continued during leave; however, your employer may require that you pay for it.
South
Kentucky
Coverage: All employees adopting a child under age 7 are eligible.
Leave: Six weeks of family leave.
Louisiana
Coverage: Women at workplaces with at least 26 employees.
Leave: The period of time during which you're physically disabled due to pregnancy and childbirth (usually six to eight weeks, up to a maximum of four months). Employers are not required to continue health coverage.
D.C. & Puerto Rico
District of Columbia
Coverage: Workplaces with at least 20 employees; you must have worked at least 1,000 hours in the past 12 months.
Leave: Up to 16 weeks of leave every two years to care for a newborn or newly adopted child.
Puerto Rico
Coverage: All working women are eligible.
Leave: The time during which you're physically disabled due to pregnancy and childbirth (usually eight weeks, though you may add an additional 12 weeks if there are complications).
Pay: Women may apply to collect half their pay for eight weeks.
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