How Long Is Maternity Leave? Federal Law Requirements

How long is maternity leave in the United States?

If you’re searching “how long is maternity leave,” the most accurate compliance answer is: there is no single nationwide length of paid maternity leave required by federal law in the U.S. Instead, leave length depends on (1) whether the employee qualifies for job-protected leave under the Family and Medical Leave Act (FMLA), (2) whether a state or local paid family leave program applies, and (3) the employer’s internal policy and benefits (PTO, short-term disability, parental leave).

For many covered employees, the baseline federal standard for maternity leave in America is up to 12 weeks of unpaid, job-protected leave under the FMLA. Below is a practical, HR-focused breakdown of what “maternity leave USA” typically means under federal requirements—and what to do to stay compliant.

For broader context on federal rules, see SwiftSDS’s guide to Federal law pregnancy leave.

Federal maternity leave: the FMLA sets the default job-protected timeline

How long is maternity leave under FMLA?

Under the Family and Medical Leave Act (29 U.S.C. § 2601 et seq.), eligible employees may take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for:

The birth of a child and bonding
Prenatal care and incapacity related to pregnancy (pregnancy leave)
Serious health conditions related to pregnancy/childbirth

This is the most common federal answer to “how long is maternity leave in America” for private employers.

Who is eligible for FMLA maternity leave?

FMLA applies only when both the employer and employee meet coverage requirements:

Employer coverage (general rule):

Private employers with 50+ employees within a 75-mile radius
Public agencies and schools (special rules)

Employee eligibility:

Worked for the employer at least 12 months (not necessarily consecutive, with some rules)
Completed 1,250 hours worked in the prior 12 months
Works at a site where the employer meets the 50/75 rule

If you need a small-employer-focused breakdown, see Family medical leave act for small business. If your workforce includes 1099 roles, note that misclassification can create risk; SwiftSDS also addresses edge cases like are contractors eligible for fmla.

How does maternity leave work under FMLA (step-by-step)

For HR teams, compliance typically hinges on consistent notice, certification, tracking, and reinstatement:

Employee notice: When foreseeable, employees should provide 30 days’ notice (or as soon as practicable).
Employer notices: Provide eligibility and rights/responsibilities notices (commonly via DOL forms and internal process).
Medical certification (as applicable): Employers may request certification for pregnancy-related serious health conditions (not for pure bonding leave).
Leave designation: Designate qualifying time as FMLA leave and track the 12-week entitlement.
Maintain benefits: Continue group health insurance under the same terms as if the employee were working.
Reinstatement: Return the employee to the same or an equivalent job (limited exceptions may apply).

If you operate in specific states with additional rules, SwiftSDS maintains jurisdiction pages like Federal (United States) Posting Requirements as well as state pages (examples: Florida (FL) Labor Law Posting Requirements, Ohio (OH) Labor Law Posting Requirements, and Maryland (MD) Labor Law Posting Requirements).

Pregnancy leave vs. maternity leave: what federal law actually protects

HR and business owners often use “maternity leave” as a catch-all. Legally, the underlying protections can come from multiple sources:

FMLA (job-protected leave)

FMLA provides job protection and continued health coverage, but it is generally unpaid.

Title VII/Pregnancy Discrimination Act (PDA)

The Pregnancy Discrimination Act requires employers to treat pregnancy-related conditions the same as other medical conditions for employment purposes. This affects:

Light duty policies
Leave policies
Benefits and reinstatement decisions

A key compliance theme is equal employment opportunity; SwiftSDS discusses EEO principles in as it pertains to employment opportunity the eeo strives to.

ADA and pregnancy-related accommodations

Pregnancy itself is not automatically a disability, but pregnancy-related impairments (e.g., gestational diabetes, preeclampsia) can qualify under the Americans with Disabilities Act (ADA), triggering reasonable accommodation duties. For documentation and process support, see ada hr and ada forms for employers.

Maternity leave United States: paid vs. unpaid (what federal law requires)

Is paid maternity leave required federally?

In most private-sector workplaces, no. There is no universal federal paid maternity leave mandate.

However, employees may be paid through:

Employer-provided PTO (vacation/sick time) used during leave
Short-term disability (STD) plans (often covers a portion of wages for the medical recovery period)
State paid family and medical leave programs (varies by state)

When do wage/hour rules matter during leave?

If an employee is not working, FLSA minimum wage/overtime isn’t the main issue—but pay practices and exempt-status deductions can create risk when employees work partial weeks, intermittently, or during “keep in touch” time.

As part of your federal poster compliance baseline, ensure you have the current FLSA notice posted: Employee Rights Under the Fair Labor Standards Act. If you employ Spanish-speaking workers, also consider the Spanish version: Derechos de los Trabajadores Bajo la Ley de Normas Justas de Trabajo (FLSA).

How long is maternity leave in America for men? (paternity/parental leave)

Private-sector “maternity leave for men” under federal law

Under the FMLA, bonding leave applies equally to eligible mothers and fathers. So, if eligible, men can take up to 12 weeks of FMLA leave for bonding after birth (and certain related circumstances), subject to:

The employer’s 12-month calculation method
Intermittent leave rules (bonding leave intermittently generally requires employer approval)
If both parents work for the same employer, the combined total bonding leave may be limited (under certain FMLA provisions)

This is often what searchers mean by how long is maternity leave for men—it’s typically parental leave under FMLA.

Federal employee paternity leave (paid)

For federal employees, the landscape is different. Under the Federal Employee Paid Leave Act (FEPLA), covered federal workers may qualify for up to 12 weeks of paid parental leave in connection with the birth, adoption, or foster placement of a child (subject to eligibility and service requirements).

For details relevant to government employers and contractors supporting them, see Federal employee leave.

Actionable compliance checklist for HR (SwiftSDS quick guide)

1) Confirm coverage and eligibility early

Verify 50/75 coverage and 12 months/1,250 hours eligibility
Train managers to route pregnancy/leave questions to HR promptly

2) Use consistent documentation and timelines

Provide required FMLA notices on time
Track leave usage and keep medical info confidential in separate files

3) Coordinate overlapping obligations

FMLA + ADA accommodation process (when complications exist)
Anti-discrimination protections (PDA/Title VII) for policy consistency

4) Update postings and multi-state requirements

Maintain federal posters and state/local posters where you have employees
Start with SwiftSDS jurisdiction pages like Federal (United States) Posting Requirements and add state pages such as Ohio (OH) Labor Law Posting Requirements or Maryland (MD) Labor Law Posting Requirements

If you operate in Massachusetts or have employees there, note that state-specific notices can apply, including the Notice: Parental Leave in Massachusetts.

5) Reinforce employee rights culture

Clear leave and accommodation processes support retention and reduce legal exposure. For a broader rights overview, see 5 rights of workers.

FAQ: maternity leave USA (common HR questions)

How long is maternity leave in the United States under federal law?

For eligible employees of covered employers, the primary federal entitlement is up to 12 weeks of unpaid, job-protected leave under the FMLA. Federal law does not set a universal paid maternity leave duration for private employers.

How does maternity leave work if the employee isn’t eligible for FMLA?

If FMLA doesn’t apply (e.g., small employer or insufficient tenure/hours), the employer may still have obligations under Title VII/PDA (non-discrimination) and potentially the ADA (accommodations for pregnancy-related impairments). State leave laws may also provide job-protected or paid leave depending on location.

How long is maternity leave for men?

For eligible employees, FMLA bonding leave is available to fathers on the same terms—up to 12 weeks unpaid. For federal employees, FEPLA can provide up to 12 weeks paid parental leave (eligibility rules apply).

SwiftSDS helps employers stay compliant across federal and state posting and leave requirements; if you need location-specific guidance, start with the Federal (United States) Posting Requirements hub and add the states where you employ workers.