Maternity leave: A guide for expecting moms

What is maternity leave?

Maternity leave is the period when a mother stops working after giving birth, adopting, or starting to foster a child. Women use this crucial time to recover from childbirth, adjust to life with a new child, care for their little one, and bond with their baby.

Studies have shown that maternity leave is beneficial for both a mother and her baby – it's linked to lower infant and child mortality rates, increased initiation and duration of breastfeeding, better mother-baby bonding, and overall improved postpartum mental health. It also has benefits for employers, as maternity leave has been shown to increase the chances that employees will stay at their jobs long-term.

Unfortunately, the U.S. is one of only six countries in the world – and the only high-income nation – without a federally mandated paid family leave policy. Lawmakers have introduced legislation that would require four weeks of paid family leave (which would include both maternity leave and paternity leave), but efforts have stalled.

How long is maternity leave?

It varies, depending on what maternity leave benefits you have and how long you might be able to afford to take unpaid time away from work. Maternity leave can last anywhere from just a few days up to an entire year, depending on what benefits you have access to. One study found that the average time off for working U.S. women after having a baby is 10 weeks.

Many people think of maternity leave lasting 12 weeks, which is the amount of unpaid, protected time off that's available through the Family & Medical Leave Act (FMLA). But it's not always that straightforward: Only about 60 percent of U.S. employees actually qualify for FMLA benefits (more on that below), if they even have the means to take it.

Many moms and families can't afford to take three months away from work without receiving a paycheck, so their maternity leaves end up being considerably shorter, sometimes even just a few weeks or a few days. One study reported that 23 percent of employed women in the U.S. return to work within just ten days of having a baby.

How does maternity leave work?

Because there's no nationally mandated paid family leave in the U.S., despite support for it, most moms end up culling together a combination of other benefits and time off to create their maternity leaves. This usually includes a mix of short-term disabilityOpens a new window (STD) benefits, vacation and personal days, and FMLA-protected unpaid time off.

Once you tell your boss you're pregnant, check with your human resources (HR) representative or department to see if there's a particular order in which you must use these benefits – sometimes you're not allowed to take unpaid time off until you've used all your vacation time, for example. It can feel overwhelming to navigate all these policies, but your HR rep can help you get your leave set up and let you know what benefits you're entitled to. (If you don't have an HR rep at your job, there are more resources below that can help you navigate maternity leave.)

Unfortunately, most moms can only take as much as their financial situations allow. Talk with your partner or other family members about how much time you can afford to take off, and start making your maternity leave plan based off of those resources.

Most maternity leaves include a combination of the following:

Paid family leave

Only 11 states (and Washington, D.C.) currently offer or will soon begin offering some form of paid family leave, which is most often funded through employee-paid payroll taxes and administered through a disability insurance program. Those are:

• California
• Colorado
• Connecticut
• Delaware
• Washington, D.C.
• Maryland
• Massachusetts
• New Jersey
• New York
• Oregon
• Rhode Island
• Washington

A growing number of private companies offer paid family leave for their employees – according to the U.S. Bureau of Labor Statistics, 23 percent of private employees nationally qualify. Paid parental leave for these companies varies – for some this means a few months of paid time off after a birth, adoption, or surrogacy. For other very generous (and rare) corporations, the biggest perk is unlimited paid time off for up to one year after welcoming a baby.

Federal employees receive paid leave benefits as well, and they're entitled to 12 weeks of paid time off following the birth or placement of a child.

Family & Medical Leave Act

The Family & Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid time off for a pregnancy-related absence or to take care of a newborn. Taking FMLA is an option for about 60 percent of the workforce, men and women. In 2015, the law was amended to include protections for same-sex couples.

In order to qualify for FMLA benefits:

• You have to work for a private company that has 50 or more employees (all public agencies and local education agencies are covered, regardless of size).
• You must have worked for your employer for at least 12 months and for at least 1,250 hours during the previous year (an average of 25 hours per week for 50 weeks).

While the FMLA has its benefits, there's fine print that's worth noting:

• If you work for a company with fewer than 50 employees or you're new at your job (you've been there for less than a year), you won't qualify.
• You may not be guaranteed job security if you're in the top 10 percent of wage earners at your company within a 75-mile radius of where you live.
• Because the time off is unpaid, many new moms find they're not able to take off three months of work without receiving a paycheck.

Short-term disability

Short-term disability is meant to cover your salary – or a portion of it – during the time that you're unable to perform your job due to illness, injury, or childbirth. Many large employers and unions offer it as part of their provided health insurance policies. If it's not available to you through work, you may also purchase STD through a private insurance provider.

Private STD insurance through your employer will generally pay around 60 to 100 percent of your salary for a certain number of weeks. Six weeks is the standard amount of time covered for short-term disability and pregnancy, but some plans allow more time if you've had complications or a C-section delivery. Many also cover pregnancy bed rest before birth.

Paid vacation time

In many cases, paid vacation time can be used toward your maternity leave. Many employers will allow and even encourage you to use the paid time off (PTO) you've accrued toward your maternity leave before starting an unpaid leave.

The FMLA doesn't require employers to allow you to accrue PTO while you're out on leave – this is typically at your company's discretion. If your company doesn't allow it, the downside is you won't have many, if any, paid vacation days to use once you return to work until you accrue more. Additionally, this may impact future raises and the ability to participate in your company's 401(k) plan and stock options.

Unpaid time off

Unpaid time off is time away from work for which you won't get paid. It refers to days off beyond sick leave, paid vacations, and paid time off (and also includes any FMLA-related leave). Some companies will make you use up all of your PTO before you can start taking unpaid time for leave, and may only allow you to take a certain amount of unpaid time off, so talk to your manager and HR department about your options. Of course, you'll need to consider your financial situation here too, and take as much unpaid time off as you can reasonably afford.

If you work a temporary or part-time job and aren't offered PTO or other benefits, any time you take off after having your baby will likely end up being unpaid.

Do I still get insurance and other benefits while I'm on maternity leave?

In some cases, yes. According to the FMLA, your company must keep you on its health insurance plan while you're on leave, whether it's for disability or family leave. Usually, a company will pay your premiums but ask to be reimbursed for your share (the amount that's taken out of your paycheck). Some companies may cover your share.

If you tell your company that you don't plan to return to work following your leave or if your job is eliminated while you're gone, your employer may stop paying your premiums and put you on COBRA. This program allows you to continue to be covered under the same plan for a limited amount of time, but you pay the entire premium out of pocket. You also may be required to pay back the money spent to maintain your health insurance while you were on leave.

Can I take maternity leave if I'm adopting or fostering a child?

When adopting or fostering, you won't qualify for short-term disability benefits, but you're still entitled to 12 weeks of unpaid leave under the FMLA, or possibly more under your state's paid leave provisions or your company's private paid leave policy.

Generally, leave for adoption or fostering begins once the child arrives at your home or when you leave to go get the child if you're adopting from another state or country. You may also be eligible to take time off during the adoption process to meet with lawyers or attend home visits. You can take vacation time as well, and some states and employers allow you to use your sick leave.

Many private companies' paid family leave policies (and some state policies such as New York's) apply to families who are adopting or fostering. This is sometimes referred to as “bonding leave,” and it's typically offered to all types of families, including same-sex couples.

How does maternity leave work if I'm self-employed?

If you work for yourself, you aren't eligible for FMLA, but you can opt into maternity leave by purchasing a private disability policy. Make sure the policy includes pregnancy and postpartum coverage, that you have private health insurance in place – or are covered by your partner's insurance – and understand the percentage of prenatal, delivery, and postpartum costs it covers. You may also be eligible for short-term disability, depending on your state's policy.

If you're self-employed and taking maternity leave, you'll want to carefully plan out the financial aspects of your leave, such as how you'll cover your work expenses. Also consider communicating to your clients how long you'll be out of the office, how you'll stay in touch, and who they should contact in your absence.

How to prepare for maternity leave

Figure out your plan for leave. Explore all your options for leave, and determine whether you'll be using a combination of FMLA, short-term disability, and paid/unpaid time off and in what order. You also need to know what you can afford (essentially, how long you'll be financially okay on just a portion of your salary), and whether or not your partner, if you have one, plans to take leave too.

Talk to your company's HR department. Once you tell your boss and colleagues that you're pregnant, set up a meeting with your HR rep. You need to give at least 30 days' notice for FMLA, but it's best to know as far in advance as possible what your options are. This is also a good time to talk to co-workers who also went on leave from your company. Ask them how they structured their leave and how they transitioned back into work.

Fill out all the paperwork. You'll want to get this done sooner rather than later (your HR department can help). You'll be required to fill out paperwork for FMLA, separate paperwork for short-term disability, as well as any internal paperwork for your company. You'll also need a signed note from your healthcare provider, which proves to the government that you gave birth. (Your provider will be used to this, and their office team will know what to do to get this completed.)

Write up a transition plan. This isn't a legal requirement but more a courtesy to your colleagues. Try to set aside some time before late into your third trimester to write up a step-by-step document to prepare your team for your absence. It should note important information such as deadlines and client information that someone else will handle while you're gone.

Decide when your maternity leave will start. There's no "right time" to stop working while pregnant. A lot will depend on your energy level, how easy or complicated your pregnancy is, and the stress and physical labor involved in your job. Your financial situation will also be a factor, as the sooner you start leave, the sooner it will run out after your baby's born. Under the FMLA, you can typically start taking unpaid leave anytime during your pregnancy – or anytime thereafter – as long as you conclude your leave within 12 months after your child's arrival.

More resources for navigating maternity leave in the U.S.

To find out what kind of disability or unemployment insurance and other family leave provisions are currently available or coming soon to where you live, check with your state's Department of LaborOpens a new window. You can also search online for your state's disability insurance policies.

For a directory of companies that offer private short-term disability coverage for individuals, contact America's Health Insurance PlansOpens a new window.

For more information on FMLA and family leave policies, visit:

• U.S. Department of LaborOpens a new window
• National Partnership for Women & FamiliesOpens a new window
• Families and Work InstituteOpens a new window
• A Better BalanceOpens a new window