Understanding what each state’s rules about paid maternity or paternity leave are is important for just about everyone, regardless of their role in life. For expecting families, knowing their own states rules, and the rules of any state they may want to live, are obvious. For HR decision makers, CEOs, CFOs, and business owners, it is critical to know these rules for the state where they are located, and in any other states where they have employees. This post offers a simplified overview of each state’s laws when it comes to maternity leave in the United States.
Types of Required Maternity Leave Benefits
When it comes to paternity leave benefits, all states will fall under the federal Family and Medical Leave ACT (FMLA). This ensures that employees of companies that fall under this act will be provided with the option to take up to 12 weeks off of work after the birth of a child. These 12 weeks, however, do not have to be paid according to the law.
Additional Maternity Leave Rules by State
Several states currently offer additional paternity leave benefits that are important for business owners to be aware of.
Maternity Leave in California
Mothers can qualify for temporary disability payments for up to four months after childbirth. In most cases this means they will be able to receive about 2/3 of their normal pay.
Paternity Leave in Hawaii
Women in Hawaii will receive 58% of their average weekly wages while they are disabled due to pregnancy and/or childbirth. This is up to a maximum of 26 weeks.
Family Leave in Montana
Women are permitted to take up to six weeks of disability pay due to pregnancy and childbirth. In addition, adopting parents are permitted up to 15 days of family leave.
Maternity Leave in Washington
Employers in Washington that have at least eight employees must offer disability payments to a woman due to pregnancy or childbirth. This is required for the amount of time the woman is disabled, up to eight weeks in most cases.
Paternity Leave in Iowa
In Iowa woman may be provided with up to eight weeks of disability related to childbirth or pregnancy.
Family Leave in Kansas
Kansas lists pregnancy and childbirth as a qualifying event for disability. In most cases, it will apply for six to eight weeks, though if necessary it can be extended.
Maternity Leave in Minnesota
New mothers in Minnesota are provided with up to six weeks of paid leave due to childbirth or the adoption of a child.
Family Leave in Connecticut
Women who are physically disabled due to childbirth or pregnancy can receive disability payments. This typically lasts for six to eight weeks.
Leave Related to Childbirth in New Jersey
Women are eligible for state payments starting four weeks prior to birth (starting when you begin leave) and six weeks after birth (eight weeks if a cesarean section is performed). These payments are approximately 2/3 of normal weekly wages.
Maternity Leave in New York
All private sector women can receive 50% of their weekly wages (up to $170/week) while physically disabled due to childbirth or pregnancy. This is typically for six to eight weeks, but can be extended up to 26 weeks if there are complications.
Paternity Leave in Main
Women are provided with 10 weeks of leave after the birth or adoption of a child. This 10 weeks, however, can be spread out over a two-year period.
Family Leave in Massachusetts
Women are provided with eight weeks of leave after the birth of a child.
Leave Due to Childbirth in New Hampshire
In New Hampshire women are permitted to take disability payments during the time which their doctor’s say they should not work. This is typically six to eight weeks.
Maternity Leave in Rhode Island
Women will receive approximately 60% of their average weeks, with a maximum of $504 per week, during their pregnancy or childbirth related disability. This will typically last for six to eight weeks, but there is a maximum of thirty weeks.
Family Leave in Louisiana
Women can qualify for disability payments for up to a maximum of four months in Louisiana, though in most situations it lasts six to eight weeks.
Additional Parental Leave Benefits
While the above information identifies what is required by various federal and state laws when it comes to paternity leave, many companies go above and beyond. In most situations, a company will look at the types of benefits that are offered by other companies in the region and attempt to match them in order to remain competitive. As an HR manager or other member of a leadership team with a company, parental leave benefits are an important area of an overall benefits package.