What you should know about maternity leave coverage when you’re pregnant

If you are considering having a baby or are already pregnant, it’s important to understand the benefits available to you through your job, as well as your rights under federal and state laws.. You may also have questions about your pay, how much time you can take off, and job security. In the United States, federal laws don’t require employers to provide paid maternity leave, so learning about your state's laws and any employer-provided benefits is an important first step.

Here are some questions and helpful answers about maternity leave, disability insurance, the Family and Medical Leave Act (FMLA), the Pregnant Workers Fairness Act (PWFA), and state-paid family and medical leave (PFML).

What is the Family Medical Leave Act (FMLA), and how can it impact your maternity leave from work during pregnancy?

The FMLA is a federal law that provides important employment protections. If you work for a company with more than 50 employees in a 75-mile radius and you meet the eligibility requirements (12 months and 1,250 hours worked), it can help protect your job when you need to take time off for medical or bonding reasons. In most family or medical leave circumstances, including maternity leave, FMLA covers you by protecting your ability to return to your job if you're away from work for up to 12 weeks during a 12-month period.

What is the Pregnant Workers Fairness Act (PWFA), and how can it impact my maternity leave from work?

PWFA requires a covered employer (15 or more employees) to provide a reasonable accommodation to qualified employees or applicants with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions (“PWFA limitation”). The PWFA does not replace the ADA or any other federal, state, or municipal laws. Because some PWFA limitations do not rise to the level of a disability under the ADA, the PWFA was designed to fill the gap by providing reasonable accommodations to employees with PWFA limitations. Employers will also want to consider any potential state or local pregnancy accommodation or anti-discrimination laws that may apply when completing reviews for pregnant employees.

Is maternity leave paid?

No. However, depending on the state you live in – or your benefits package from work – you may be eligible for paid maternity leave. For example, you could combine your paid time off (PTO) and short-term disability coverage to receive pay while on leave, depending on your employer's policy. In some states, paid family and medical leave is mandated by law, so check your state's regulations carefully.

How long is maternity leave?

In the U.S., there is no national standard for maternity leave length or maternity leave pay (if provided). New moms take an average of 10 weeks for maternity leave, often using a combination of both paid and unpaid time off.¹

It’s important to note that FMLA is not the same as paid maternity leave. Although FMLA secures your job while you're on a covered leave, it does not require employers to pay you while on leave. However, employers may provide a company paid maternity or parental leave while out of work if they choose.

Some states have taken steps to provide paid leave benefits. Although they may follow the same basic principles, each state looks a little different in terms of the program name, benefit provisions and eligibility requirements.

What are the states with paid family and medical leave (PFML), and how is PFML different from FMLA?

The following states have PFML programs as of 2024:

*Benefits scheduled for 2026

**Benefits scheduled for 2028 State-mandated PFML is different from FMLA in that it provides paid leave (and in some cases job protection). Each state sets its own rules for taking paid family and medical leave, who is considered a family member, how long employees can take paid leave, which employees qualify for leave, contribution amounts, who contributes, and benefit amount. States require employees and/or employers to contribute to a paid leave fund through payroll deductions to support the program.

What is short term-disability insurance, and how does it impact maternity leave?

While there's no such thing as "maternity leave insurance," short-term disability insurance (STD) is an employee benefit that can provide replacement income when you are temporarily unable to work due to a qualifying medical event, including pregnancy. Although specifics vary, STD insurance may provide 50% to 70% of an employee's regular wages for up to eight weeks after birth or longer, depending on plan design and additional complications to the pregnancy.

Currently (2025), five states — California, Hawaii, New Jersey, New York, and Rhode Island — and Puerto Rico mandate STD coverage, and that is how paid maternity leave is provided.³ Other states like Massachusetts and Oregon offer Paid Family and Medical leave, which also cover maternity lave. In states with no mandated paid leave for maternity, employers may choose to offer STD benefits — or not. These policies have different terms and eligibility requirements, so it’s important to find out how well you’re covered before you count on using short-term disability for maternity leave. For example, some policies may cover pregnancy complications in addition to post-childbirth recovery during maternity leave. Your employer’s human resources manager should be able to advise you on the correct ways to submit claims for private or state insurance.

Many, if not most, companies also allow employees to use sick, vacation, personal, or other paid time off to both extend their allotted maternity leave and get paid while on maternity leave. You could use this method to extend your leave by weeks and still get paid for at least a portion, depending on your state, accrued PTO, and company’s policies.

How can you prepare financially?

If you have a Flexible Spending Account (FSA) or a Health Savings Account (HSA) at your job, consider putting more into it with each paycheck. This money is deducted without being taxed, which can be financially advantageous. And it can be spent on a wide range of out-of-pocket medical expenses like co-pays and deductibles.

Also, consider additional insurance benefits that may be available through your job. For example, look at hospital indemnity insurance which can help you focus on recovery and your new baby instead of bills, because it provides a direct payment for each day of a covered hospital stay. Coverage will vary depending on your plan.

What questions should I ask my human resources manager at work?

Employers vary when it comes to maternity leave policy. Contact your human resources department — ideally well ahead of time so you don’t lose eligibility if you miss a deadline — to explore available options for how to continue to receive your salary while on maternity leave and how best to prepare.

Ask specifically about the effect of pregnancy and maternity leave on your income, and the type of notice you'll need to give the employer to secure your job. Employers are evolving their coverage in this area, so it is important to understand the specifics of what your employer offers.

It’s exciting that you’re entering a wonderful new stage in your life. Understanding your finances and knowing how to help protect your income can make this time even better and help reduce some of your stress.

Guardian customers:

If you have questions about your group disability insurance coverage through your employer speak to your human resources department first, or contact us here.

Need some help?

Reach out to your Human Resources department for more information, or contact Guardian here.