Paid maternity and parental leave

In the United States, paid maternity and parental leave is not required by federal law for most employees. However, various programs and policies exist that differ by state, employer, and sometimes the nature of the job. In this article, we go over how paid maternity and parental leave works in the U.S.

What is the difference between maternity, paternity, and parental leave?

To ensure you’re clear on the type of leave you’re considering, it’s helpful to get the terminology right. After all, it’s not just pregnant women who might need time off to welcome a new family member. That’s why it’s important to look more closely at the different types of leave available.

• Maternity leave: First up is the most commonly discussed type. This is leave for women who have recently given birth or are about to give birth. The USA is one of only three countries worldwide that doesn’t guarantee paid maternity leave, which often leads many mothers to quit their jobs, making them less financially secure or stressed about returning to work while adjusting to life with a new child. Maternity leave typically applies to biological mothers.
• Paternity leave: Paternity leave is becoming a topic of increasing importance. This leave is for the father of a child, and it applies to biological fathers. The introduction of paternity leave has been linked to reducing the gender wage gap, improving mental health for both parents, and reducing the stigma around women in the workforce.
• Parental leave: Finally, parental leave is the broader term used for any parent taking time off after a new child joins the family, whether through birth or adoption. This distinction is significant because it encompasses all parents, not just biological mothers or fathers, making it relevant for both adoptive parents and those who wish to discuss leave in a more inclusive way.

How does maternity, paternity, and parental leave work in the U.S.?

Federal Law

• Family and Medical Leave Act (FMLA): The FMLA provides eligible employees with 12 weeks of unpaid leave to care for a newborn, adopted, or foster child, or to care for a seriously ill family member. While FMLA ensures job protection during this time, it does not provide pay. This applies to companies with 50 or more employees, and the employee must have worked for at least 12 months (and 1,250 hours).
• No federal paid maternity leave: The U.S. does not have federal legislation requiring paid maternity or parental leave, which is unusual compared to many other countries. Although there have been ongoing proposals for paid family leave, none have been passed at the national level.

State-Specific Paid Leave

Some states have created their own paid family leave programs, which provide financial support during maternity, paternity, or parental leave. These programs are typically funded through payroll taxes.

States that offer paid leave include:

• California: Up to 8 weeks of paid family leave.
• New Jersey: Up to 12 weeks of paid leave with partial pay.
• New York: Paid family leave for up to 12 weeks.
• Rhode Island: Paid leave for up to 4 weeks for bonding with a new child.
• Massachusetts: Paid family leave for up to 12 weeks.
• Washington and Oregon also offer paid family leave.

Employer-Specific Paid Leave

• Private employers may offer paid maternity or parental leave, but this is not required by law. Larger companies or those with more comprehensive benefits packages are more likely to provide paid leave.
• The length of paid leave and whether it is fully or partially paid can vary by employer.
• If no paid leave is offered, employees may be able to use accrued paid time off (PTO) or sick days during their parental leave, depending on company policies.

Vacation or holiday leave during maternity, paternity or parental leave

In the USA, vacation or holiday leave during maternity, paternity, and parental leave depends on whether the leave is unpaid under the Family and Medical Leave Act (FMLA), paid by the employer, or covered by state-specific paid family leave programs. Under FMLA, employees are entitled to 12 weeks of unpaid leave, and vacation or holiday leave is not automatically accrued. However, some employers may allow the use of accrued paid time off (PTO) during FMLA leave. For paid leave, holiday pay may be included depending on company policies or state programs, but this varies widely. Employees should check with their HR department or local authorities for specifics on their rights and entitlements regarding vacation or holiday pay during parental leave.

Please note the legal disclaimer for this article.