Comprehensive Guide to Maternity Leave in the United States

Editor: Hetal Bansal on Mar 07,2025

 

Maternity leave in the United States is an increasingly important issue for working parents, policymakers, and businesses. While many other developed countries have federally mandated paid maternity leave policies, the U.S. does not. As a result, many new mothers face a difficult decision: to balance work and family life or not. The question often arises: what is the average maternity leave in the United States? Or to be more direct how long is maternity leave in the United States? The answers vary fairly widely depending on employer policies, state laws and personal circumstance. This guide looks at maternity leave in the United States, the policies associated with it, its comparison with countries worldwide, and what expectant mothers should know about rights and choices.

Understanding Maternity Leave in the United States

Maternity leave in the United States is a very complex topic since there is no federal law requiring paid time off for new mothers. Maternity leave policies vary according to the policies of employers, state regulations, and the federal law that includes the FMLA.

Federal Maternity Leave Policies

The closest thing to a national maternity leave policy is the Family and Medical Leave Act of 1993. Under FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave per year for family or medical reasons, including childbirth and newborn care.

  • Employees must have worked for at least 12 months and recorded at least 1,250 hours of service for their employer before taking the leave.
  • Only those companies with 50 or more employees within a 75-mile radius are covered by FMLA.

Because FMLA leave is often unpaid, many new mothers return sooner than they would like to work. Small businesses or parttime workers are sometimes exempt from FMLA protection, so maternity leave is even more challenging.

State-Level Maternity Leave Laws

Since the federal law does not provide guarantee of paid leave, many states have expanded upon it and provided a better alternative for leave under maternity. Several such states offer family-leave programs, including California, New York, New Jersey, Rhode Island, and Massachusetts. Some form of partial wage replacement for a short period is provided by such programs and are usually funded through payroll taxes.

For instance:

  • The state of California allows paid family leave of up to eight weeks and provides 60-70% of wages via the state's disability insurance program.
  • New York provides a 12 weeks paid leave for the employee while they receive some percentage of the salary.
  • Under its temporary caregiver insurance program, Rhode Island provides paid leave for four weeks.

These state-level programs are more generous than FMLA but fall well short of the fully paid extended maternity leave policies that can be found in most other countries.

What Is the Average Maternity Leave in the United States?

The average maternity leave in the United States is impossible to identify since it is company-dependent and state-law-dependent. However, according to some surveys, most new mothers take around 10 weeks of leave, although most of that time is unpaid. FMLA allows for up to 12 weeks of unpaid leave, but many women go back to work earlier due to financial pressure.

A Pew Research Center study revealed that nearly one in four U.S. mothers return to work within two weeks of giving birth for financial reasons. Private sector benefits also differ widely. Major corporations, especially those in the tech and finance industries, often extend up to six months of paid leave. Many small businesses and organizations offer no paid leave at all.

How Long Is Maternity Leave in the United States Compared to Other Countries?

woman employee packing up for Maternity Leave

When looking at the United States in comparison with other countries regarding maternity leave, the United States stands out as one of the only developed nations that do not have a federal paid leave requirement. Instead, across Europe and Asia, these countries are offering far more generous maternity leave packages.

Maternity Leave in European Countries

  • Sweden provides 480 days of paid parental leave that can be divided between both parents. The government pays 80% of the parent's salary for most of this period.
  • Norway also offers 49 weeks of paid leave or 59 weeks at 80% pay, paid for by the government.
  • Germany provides the new mother with 14 weeks of paid leave, followed by benefits for parental leave of up to three years.

Maternity Leave in Other Developed Nations

  • In Canada, there is up to 18 months of parental leave for which the government provides, for most of this period, up to 55% of earnings.
  • Australia offers 18 weeks of paid leave, which the government covers at minimum wage levels.
  • Japan offers 14 weeks of paid maternity leave at nearly two-thirds of the mother's salary.

How is this compared with maternity leave in the United States? At most, women there can take 12 weeks of unpaid leave under FMLA-far less than what is available in many other countries.

The Impact of Limited Maternity Leave in the United States

Because maternity leave policies in the U.S. are inconsistent and often unpaid, they can have profound effects on families, workplaces, and the economy.

Financial Struggles for New Mothers

The lack of paid maternity leave makes many women go back to work too early. This is disadvantageous to the mother and baby. Research studies have shown that longer maternity leaves are associated with better maternal health, lower postpartum depression rates, and improved infant well-being.

Workplace Challenges

Many women struggle with balancing work and newborn care without support at work. In fact, some women experience career reversals: promotions are missed, wages reduced, or even job loss because leave policies are too meager.

The Push for Paid Maternity Leave

As growing realization of these issues made its way to the surface, this contributed to the growing advocacy for paid-leave policies at the national level. The Build Back Better Act proposed a four-week paid leave program, but it has not yet become law. Advocates continue pushing policies that would provide paid leave to all working mothers, just as other developed nations do.

The Future of Maternity Leave in the United States

As the discourse on maternity leave policies becomes increasingly vocal, there is hope that the U.S. will one day implement a federal paid leave program. While many companies and states have already taken the first step to provide paid leave, millions of women continue to be left woefully short in maternity leave protections.

For now, expecting mothers should:

  • Confirm if they are qualified for FMLA leave and also state-level benefits.
  • They should discuss maternity leave with the employer before delivering.
  • Plan financially for any unpaid leave they may have to take.

The hope is that very shortly, the United States will find its place among other developed nations, aligning this state with the importance of paid maternity leave in maintaining healthy families and workers. Until then, knowledge of these existing policies continues to be a baseline necessity for change.

Conclusion

Maternity leave in the United States is still a challenge to most working mothers as there are no mandates at the federal levels, and even state and employer policies vary. The U.S. lags behind other developed nations in this regard, compelling most women to go back to work sooner than they would have wished. Still, while some states offer paid leave and companies do too, millions are left wanting. Advocacy for national paid leave continues to gain momentum, and future policy shifts may help work toward a better system for working mothers and their families.

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