What is maternity leave?

Maternity leave is time off for a birthing parent to recover from childbirth and care for a new baby. The US has no federal paid maternity leave, but several federal laws protect the job, the pregnancy and the return to work.

In shortMaternity leave is leave around the birth of a child for the birthing parent. In practice it combines two kinds of time: recovery from pregnancy and childbirth, which is the parent’s own health condition, and bonding with the baby. Federal law does not require it to be paid. The FMLA gives an eligible employee of a covered employer up to 12 weeks of unpaid, job-protected leave in a 12-month period, which can cover prenatal care, incapacity during pregnancy, recovery after the birth and bonding. Leave for the birth must be used within 12 months of the birth, and spouses who work for the same employer may be limited to a combined 12 weeks for birth and bonding, though recovery from the birth is not part of that combined limit. The Pregnant Workers Fairness Act requires employers with 15 or more employees to make reasonable accommodations for known limitations related to pregnancy, childbirth or related conditions, unless that would cause undue hardship, and leave can be one of those accommodations. After the return, the PUMP Act gives employees reasonable break time to express breast milk for one year after the child’s birth, in a place other than a bathroom that is shielded from view and free from intrusion. Pay usually comes from state paid family leave or disability programs, short-term disability insurance, PTO or an employer policy.

Laws that apply around a birth

Maternity leave protections
Law	What it does	Who it covers
FMLA	Up to 12 weeks unpaid, job-protected leave	Eligible employees of covered employers
Pregnant Workers Fairness Act	Reasonable accommodations, which can include leave	Employers with 15 or more employees
PUMP Act	Break time and a private space to pump for one year	Most employees covered by the FLSA
State programs	Paid family leave or disability pay in some states	Varies by state
Company policy	Paid leave or extra time	As written

See paternity leave for the non-birthing parent and paid family leave by state for state pay programs.

With EZTime time-off requests, employees ask for PTO from their phone and managers approve it in one place.

FMLA covered recovery and bonding, and the PWFA covered two more weeks.

Worked example: recovery, bonding and the return

A nurse’s 14 weeks

A hospital nurse who is FMLA eligible has a baby by C-section on May 4. Her doctor certifies 8 weeks of recovery. That recovery is FMLA leave for her own serious health condition. She then takes 4 weeks of bonding leave, using 12 weeks of FMLA in total.

She asks for 2 more weeks before returning, because of a complication. Her FMLA is used up, but the hospital has more than 15 employees, so under the Pregnant Workers Fairness Act it considers the extra 2 weeks as an accommodation for a limitation related to childbirth, and grants it.

When she returns in week 15, her manager has already arranged a room near the unit that is not a bathroom, has a lock, and is free from intrusion, and adjusts her break schedule for pumping. That obligation runs until her child’s first birthday. Her state’s paid family leave program paid part of her wages during the bonding weeks.

Mistakes that are specific to maternity leave

Counting recovery from childbirth against the spouses’ combined bonding limit.
Ending employment when FMLA runs out without considering the PWFA or the ADA.
Offering a bathroom as the place to pump.
Calling all maternity leave bonding leave, so paid bonding benefits are given unequally to fathers and mothers.
Not telling employees about state paid family leave they may be able to claim.

Planning coverage and the return

Talk with the employee about expected dates, knowing they may change.
Plan coverage for the leave, such as cross-training or open shifts.
Agree how you will keep in touch, and how often, without asking for work.
Before the return, arrange a lactation space and a break schedule.
Confirm the return date and any schedule change in writing.

Under the federal PUMP Act, employers do not have to pay for pumping breaks, unless the employee is not completely relieved from duty during the break or state law requires pay. If the employer already pays for rest breaks and the employee pumps during one, that break is paid as usual.

Second example: pumping breaks on a hospital unit

A nurse returns to 12-hour shifts and needs to pump three times a shift. Her unit already has two paid 15-minute rest breaks per shift.

Her manager schedules pumping during the two paid breaks and adds a third 20-minute break, unpaid unless she is called back to work during it. The charge nurse covers her patients during each break so she is fully relieved. The arrangement continues until her child’s first birthday.

Plan the return before the leave startsAgree on the return date, the pumping space and the break plan in the same meeting where the leave is approved. It turns the first day back into a routine instead of a scramble.

Questions people ask

Is maternity leave paid in the US?

Not under federal law. Pay may come from a state program, short-term disability insurance, PTO or the employer’s policy.

How long is maternity leave in the US?

An FMLA eligible employee can take up to 12 weeks. The PWFA, state law or company policy can allow more.

Can I be fired while on maternity leave?

FMLA leave is job-protected, and pregnancy discrimination is unlawful. An employer cannot penalize an employee for taking protected leave.

Do employers have to provide a place to pump?

Under the PUMP Act, yes for most employees: reasonable break time and a place other than a bathroom, shielded from view and free from intrusion, for one year after the birth.

Are pumping breaks paid?

Federal law does not require pay for them, unless the employee is not fully relieved from duty or uses an already paid break. Some states require pay.

Can an employee return part-time after maternity leave?

Only if the employer agrees, unless a law or accommodation requires a change. Many employers offer a gradual return.

Related on EZTime

See who is off before you build the schedule

Time off requests, approvals and the schedule sit side by side, so coverage gaps show up before the week starts.

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Disclaimer: What you read here about maternity leave is general information, not legal, payroll or tax advice, so confirm the current rule where you operate; the examples are fictional.