What’s the Deal with Maternity Leave in the USA?

Congrats! You’re pregnant! I know how excited you must be. But you’re also a working woman and have questions about maternity leave. That’s something you’ll need to figure out quickly! So, what’s the deal with maternity leave in the USA? I am very sorry to tell you the deal isn’t so great. As I prepared to give birth to my first child in 2017, I remember sitting in my office reading through a thick packet of papers my Human Resources department had given me when they found out I was pregnant. I wanted to prepare for my baby’s birth. Also, I needed to plan for the time I’d take off to deliver and bond with her. But I was surprised to learn that while my employer would grant me maternity leave — it would be entirely unpaid.

I was shocked, frankly. I had been working for my employer for seven successful years. We also lived in Massachusetts, a state that was ahead of the curve and leading the way on many progressive policies. I also learned that I couldn’t carry over any sick days I had saved in the coming new year. This news scared and dismayed me. I hadn’t realized that I might have to choose between making ends meet financially for my family or being home to nurture and bond with my newborn daughter.

The Sad State of Maternity Leave in the USA

As a new mom, I was unaware of just how far behind the United States is in providing basic paid leave to parents compared to other countries. As I started my motherhood journey, I took the time to learn more about what options families have for parental leave in the U.S. (And it’s not much, unfortunately.) I also researched what the consequences of this dearth of policy can do to a mother’s and baby’s health, a family’s overall financial health, and the economy. What I learned was that, as a country, we aren’t doing well at all. We can do a lot better.

I was happy to learn that in 2018, Massachusetts passed legislation called the Paid Family and Medical Leave (PFML) program, which provides workers with job-protected, paid family leave every year.¹ Even so, most paid leave programs only pay a portion of the mother’s actual salary.¹³ She still has to contend with lower wages if she takes time off.

As of 2024, these are the only places in the U.S. that have passed legislation to implement mandatory paid family leave programs, according to the National Conference of State Legislatures (NCSL):¹¹

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

Let’s look at what kinds of policy got us here today and what the current impacts of minimal maternity leave are on health and economics in the USA:

The Family and Medical Leave Act (FMLA)

U.S. labor law regulates maternity leave at the federal level. The rest is left up to state legislatures to create state-specific laws around maternity leave. Or the decision is left to companies and organizations to make for themselves.

The capstone of the parental leave policy for the U.S. is the Family and Medical Leave Act (FMLA), passed by President Bill Clinton in 1993.^2,12 This policy provides 12 weeks of federally mandated unpaid leave to mothers of newborn or adopted children.¹² This act leaves new parents with a tough choice: they can take unpaid time off with their newborn or continue to work to make ends meet.

While it’s better than having no policy at all and has arguably moved maternity leave policy in the right direction, the FMLA is over 30 years old and quite outdated. The work climate has changed. More and more women are now powering the U.S. workforce. The 1993 bill aimed to address a shift in the American workplace as the percentage of working mothers with children under 18 rose from 35% in 1965 to 67% in 1992.¹⁴ But this upward trend has only continued, making the need for paid maternity leave in the USA even more critical.

According to the U.S. Department of Labor, the labor force participation rate for all women with children under 18 was a whopping 74% of all women in 2023.³ Both the Obama and Trump administrations advocated for paid family leave. Unfortunately, neither succeeded in getting any legislation across the finish line. Paid family leave for new moms (and dads) continues to be a privilege enjoyed by a select few who either work for a company that provides paid family leave or live in a state with a policy granting some paid leave.

The USA Is an Outlier on Parental Leave

Believe it or not, our country is one of a small handful of countries left in the world that don’t guarantee paid maternity leave.⁴ Of that paid paternity leave, the U.S. shares the bottom spot with other countries offering zero weeks paid.¹⁵ In 2018, only 27% of Americans had access to paid parental leave, according to the U.S. Bureau of Labor Statistics (BLS).⁵ Employers consider paid leave a benefit. In 2023, the BLS found that only 6% of the lowest 10% of wage earners received paid family leave.¹⁶ Ultimately, paid parental leave policies remain up to individual employers.

Lack of Maternity Leave Impacts Physical and Emotional Health

Studies show that there are various ways unpaid maternity leave can be harmful to children and their mothers.⁷ To begin with, the guaranteed paid maternity leave may reduce maternal stress during pregnancy. But on the flip side, if a woman foresees an unpaid block of time in her future (i.e., unpaid maternity leave), she may be more likely to work longer and more stressful hours leading up to the birth. This could have adverse health effects on the newborn and mother. Stress during pregnancy has been shown to adversely impact birth outcomes.⁷

Furthermore, the time a mother and newborn spend together in the first year of the baby’s life matters significantly. As such, a child’s well-being is affected by the quality and quantity of time they spend with their mother during this first year. A mother may be more able to breastfeed, care for the child if they’re ill, or seek prompt medical care for them.⁷ In addition, fewer occurrences of depressive symptoms in the mother are correlated to longer maternity leave.⁸ Lastly, unpaid maternity leave may strain the mother’s income. As a result, this can lead to diminished material resources available for child-rearing and nutrition.⁷

Maternity Leave Is Good for the Economy

Whether or not a woman has the opportunity for paid maternity leave can significantly impact her career trajectory. If a woman has maternity leave, she’s likelier to spend quality time with her newborn and return to work afterward.¹⁶ With the option of paid maternity leave, a woman doesn’t have to choose between working (and missing out on time with her newborn simply to make ends meet financially) and staying home temporarily.

The USA’s current maternity leave policy contributes to the gender pay gap and, by extension, the income gap.¹⁷ When women have the option of maternity leave, they’re more likely to stay in the workforce long-term.¹⁸ This contributes to the country’s economic growth.¹⁹

Maternity leave is simply good for business. A study in 2011 by California’s Center for Economic and Policy Research after the state implemented paid leave showed that 91% of businesses said it had a positive effect on profitability or no effect at all.⁹ And economists have found that when people have the option of paid leave, they take it.¹⁰ This reduces the chance that they will completely drop out of the workforce, including women.²⁰ Mothers with paid maternity leave have a higher chance of returning to work.¹⁶ This produces better results for the economy at large.¹⁹

Maternity Leave May Not Be the Best Option

Three years after my first child was born, I found myself as a full-time stay-at-home mom (SAHM) and writer. I do my work on a part-time basis. Part of the reason I opted for this lifestyle was that I knew staying at a large organization or corporate job wouldn’t provide the amount of paid time off I’d hoped to have, knowing I was planning to have several children in a row.

I wanted to work at a reduced rate and still earn money. I also wanted to be home with my kids when they were young and be fully present for them during those infant months. Like most moms of young children, I was looking for flexibility — but not at the expense of losing income. My previous employer wasn’t able to offer this kind of flexibility. Nor did the state I lived in mandate paid maternity leave when I had my first child.

Ultimately, I decided to change course and reorganize my work-life balance. This was partly because paid maternity leave wasn’t an option for me. While my personal choices have worked out for me, a woman in today’s world shouldn’t have to leave her career or industry of choice simply because there’s no maternity leave offered.

Check With Your Employer ASAP

For many, many moms, changing direction or leaving a work situation isn’t an option. They must choose entirely between staying at home (and losing income, job security, and promotion) or continuing to work (at the expense of missing crucial bonding time with their newborn baby or newly adopted child). These shouldn’t be the only choices mothers have in our nation.

Check with your employer if you’re wondering what options you have for your maternity leave policy. Also, be sure to visit the government website for the state you currently live in.