Do you get paid if you are pregnant?

Oftentimes, maternity leave is about 12 weeks long — that is, if you're eligible for it (and many people in the U.S. aren't). Through the Family and Medical Leave Act (FMLA), the federal government guarantees 12 weeks of unpaid, job-protected leave for the birth of a newborn or adopting a child.

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Planning to take maternity leave? It may not be exactly what you think — or hope — it is if you live in the U.S. The first 12 weeks of a baby’s life are a crucial time for moms to recover physically and bond with their newborns. Research shows that taking time off after the birth of a baby has benefits for both parents and employers, including increasing the odds you’ll breastfeed for longer and that you’ll be at your same company a year later. Unfortunately, many women can’t take that much time off because their employers don’t offer enough (or any) paid leave for childbirth — and they can’t afford to go without a paycheck. That said, a growing number of private companies and even states now offer new parents some paid time off as part of a family leave policy. Read on to learn what you need to know about navigating maternity leave.

What is maternity leave?

Maternity leave is usually defined as the time a mother takes off work for the birth or adoption of a child. Paternity leave is typically defined as the time a father takes off work. Many companies now offer what’s called parental or family leave, which, among other things, allows new parents to take time off for the birth or care of a newborn.

How long is maternity leave?

Oftentimes, maternity leave is about 12 weeks long — that is, if you’re eligible for it (and many people in the U.S. aren’t). Through the Family and Medical Leave Act (FMLA), the federal government guarantees 12 weeks of unpaid, job-protected leave for the birth of a newborn or adopting a child. But the law only applies to certain employees at certain companies (more on that below).

Do you get paid for maternity leave?

Some states and individual employers offer paid parental leave, but not all. That’s because the FMLA doesn’t require employers to pay their workers during the time they take off.

Here’s who might offer paid leave:

Individual employers

A number of companies, large and small, have voluntarily opted to offer paid leave. Some generous policies grant a number of months or more. That said, only 17 percent of American workers have access to paid family leave through private employers, according to the U.S. Bureau of Labor Statistics. To learn more about your current or a prospective employer’s family leave, ask the company’s human resources department.

States with paid leave

A handful of states — California, Massachusetts, New Jersey, New York, Rhode Island, Washington, Oregon, Colorado and Connecticut — plus the District of Columbia guarantee paid family leave, which is typically funded through employee-paid payroll taxes and administered through disability insurance programs. Programs in states including Colorado and Oregon have yet to take effect, however, and some like Michigan offer paid family leave to those who meet certain requirements and apply for it.

Government employers

Employees of the federal government now receive 12 weeks of paid parental leave after the Federal Employee Paid Leave Act went into effect in October 2020.

Unpaid leave with the Family and Medical Leave Act (FMLA)

You may have heard of the Family and Medical Leave Act (FMLA), a federal law in the U.S. guaranteeing many new parents leave. Here’s how it works:

What is the FMLA?

The FMLA requires many — though not all — companies in the U.S. to allow their employees (both male and female) 12 weeks of unpaid family leave within a 12-month period after the birth or adoption of a child. Enacted in 1993 as a way to guarantee parents time with their new kids without worrying about their jobs, the FMLA also requires employers to allow you to return to your position (or a similar one) with the same compensation package at the end of your 12-week leave. That’s a great thing for parents and kids alike, but there are exceptions.

Qualifying for the FMLA

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It’s estimated that only about 60 percent of American workers qualify for FMLA benefits. You do if: Your company has 50 or more employees within 75 miles of your workplace. You’ve worked for your employer for at least 12 months, although those months don’t have to be consecutive. You’ve worked with your employer for at least 1,250 hours in the 12 months before the start of your FMLA leave. In other words, you've worked at least 40 hours per week for at least seven of the last 12 months or done 24 hours of weekly work for 12 months.

Further stipulations

You should also know about a few more caveats when it comes to the FMLA: The FMLA only covers one person in a couple per company. If you and your partner work at the same company, you’re entitled to a total of 12 weeks combined — not 12 weeks each. If you and your partner work at the same company, you’re entitled to a total of 12 weeks combined — not 12 weeks each. You may need to use it as a last resort. Your company may require you to “use up” all your vacation days, sick leave and personal days first before you can use unpaid FMLA time. Your company may require you to “use up” all your vacation days, sick leave and personal days first before you can use unpaid FMLA time. You’ll need to give notice. Aim to give your employer at least 30 days of notice that you’re planning to take FMLA-guaranteed time off. Aim to give your employer at least 30 days of notice that you’re planning to take FMLA-guaranteed time off. Your employer can contest leave in certain circumstances. If you’re in the highest 10 percent of wage earners at your company and your employer can prove that your absence would cause significant financial harm, you are entitled to your unpaid leave but you may not be entitled to your job when you return. If you’re in the highest 10 percent of wage earners at your company and your employer can prove that your absence would cause significant financial harm, you are entitled to your unpaid leave but you may not be entitled to your job when you return. Your company must supply some health insurance. The FMLA requires that your company keep you on its health insurance plan while you’re on leave. That means you need to continue making weekly contributions to your company’s plan, or your company (if it’s incredibly generous!) may cover your share and not ask for repayment. In some cases your company may offer you COBRA (a temporary extension of health insurance coverage) benefits instead, which allows you to be covered under the same plan except you’re required to pay the entire premium. This can be costly, especially with a new family member to insure, so talk to someone in your company’s HR department to find out exactly what arrangement it provides. The FMLA requires that your company keep you on its health insurance plan while you’re on leave. That means you need to continue making weekly contributions to your company’s plan, or your company (if it’s incredibly generous!) may cover your share and not ask for repayment. In some cases your company may offer you COBRA (a temporary extension of health insurance coverage) benefits instead, which allows you to be covered under the same plan except you’re required to pay the entire premium. This can be costly, especially with a new family member to insure, so talk to someone in your company’s HR department to find out exactly what arrangement it provides. Leave may impact future promotions and vacation time. Your company is not required to allow you to accrue vacation time while you’re on leave or count that time as length of service. This, in turn, may impact your forthcoming annual vacation days, raises based on seniority, participation in or vesting of your company’s 401(k) plan and vesting of stock options, among other benefits. Your company is not required to allow you to accrue vacation time while you’re on leave or count that time as length of service. This, in turn, may impact your forthcoming annual vacation days, raises based on seniority, participation in or vesting of your company’s 401(k) plan and vesting of stock options, among other benefits. You can’t contribute to other benefits. Since you’re not receiving a paycheck, you aren’t eligible to contribute to your 401(k), pension or flexible spending plans while on unpaid leave.

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Learn more about the FMLA requirements and your rights from the U.S. Department of Labor. There's potential for future change too. Some legislators and activist groups are backing a national paid leave program (like the FAMILY Act).

State laws for maternity leave

Despite the fact that the federal government and all but six states (California, Massachusetts, New Jersey, New York, Rhode Island and Washington) haven’t yet implemented paid leave, some plan to implement paid leave in the future. Connecticut, for example, will require paid leave starting in January 2022, Oregon in January 2023 and Colorado in 2024. Others have expanded coverage for unpaid leave. Minnesota’s family leave applies to employers with at least 21 (instead of 50) employees. Maine’s family leave policy grants up to 10 weeks and applies to employers with at least 15 employees. Find out more information about your state’s maternity leave laws by calling your Department of Labor’s local office.

Short-term disability for maternity leave

Although motherhood is not a disability, short-term disability (STD) insurance can help extend your maternity leave.

What is STD insurance?

Short-term disability (STD) insurance — which many employers and unions pay for and offer as an automatic benefit to their employees — generally pays between 50 and 100 percent of your salary for a certain number of weeks after you give birth. Technically, STD is meant to cover your salary, or a portion of it, during the time you’re unable to do your job as a result of illness, injury or childbirth.

Qualifying for STD insurance

There are many variations of STD benefits. What you receive may depend on your company or union, the number of years you’ve worked there and other factors. Be sure to talk to someone in your HR department and find out what you will be entitled to.

How long STD benefits last

Oftentimes, STD benefits allow you to stay home from work and receive a percentage of your salary for six weeks. Some plans allow more time if you had a C-section or other complications during delivery. Some also cover physician-prescribed bed rest before delivery.

Other ways to extend maternity leave

If you want to extend your time off beyond the length of your maternity leave or STD benefits, you may be able to use any and all of the following:

Vacation time

Sick leave

Personal days

Employers’ policies differ, so get up to speed on your company’s options and regulations before you go on leave. If you’ve exhausted these options, and still want to remain home with your baby, there may be other benefits available to you. Talk to your HR department about whether you can:

Take an unpaid leave of absence

Take unpaid disability leave

Work from home to help ease the transition

Preparing for maternity leave

Once you’ve got a maternity leave game plan in place and have discussed your pregnancy with your boss, make a few final preparations. The message you want to send loud and clear to your employer and colleagues is that you’re committed to both your family and your career. Keep these tips in mind:

whattoexpect.com - How Long Is Maternity Leave and Do You Get Paid? - What to Expect

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