How Long is Maternity Leave in the US?
In the US, there is no federal requirement for employers to provide paid parental leave to their employees, including paternal leave. Some states do require paid parental leave.
Maternity Leave in the US Varies per Business and State
In states that do not have such requirement, maternity leave is at an employer’s discretion and often seen as a benefit. This means that maternity leave duration in the US and requirements differs per state and business.
Maternity Leave in the US if you Have 50+ Employees
Unpaid, job-protected maternity leave is regulated by the Family and Medical Leave Act (FMLA) in the US at the federal level.
Under FMLA, eligible employees are entitled to take up to 12 weeks of unpaid, job-protected leave for:
The birth or placement of a child with the employee for adoption or foster care.
To care for a spouse, child, or parent with a serious health condition.
A serious health condition that makes the employee unable to work.
Reasons related to a family member’s service in the military.
Some states implement their own maternity leave laws with more benefits than the federal requirements.
Additionally, many US employers offer their own paid maternity leave policies or a longer duration entitlement as part of a benefits package to attract employees.
Communicate Your US Maternity Leave Policy
Overall, it's important to clearly communicate your US maternity leave policy in employment handbooks, review state regulations, and understand your rights under FMLA to determine the length and type of maternity leave your US employees are entitled to.
Or you could use a US employer of record to assist in your employment compliance when employing in the US.
Disclaimer: The information provided here does not, and is not intended to, constitute legal advice. Instead, the information and content available are for general informational purposes only.