As of 2026, 14 states and Washington DC have active paid family leave programs that cover maternity leave: California, Colorado, Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, and Washington. Several more states have paid leave legislation pending. In all other states, employees must rely on FMLA (unpaid, job-protected leave) or employer-provided benefits.
Paid maternity leave by state: 2026 guide to leave laws, benefits, and compliance
In this article
Between the federal Family and Medical Leave Act, a growing patchwork of state paid family leave programs, and short-term disability provisions, figuring out maternity leave laws by state is one of the more complex compliance challenges employers face today.
And for multi-state employers, it only gets harder — because maternity leave requirements by state can vary widely in eligibility rules, wage replacement rates, funding mechanisms, and duration.
As of 2026, 14 states and the District of Columbia have enacted paid family leave laws that cover maternity leave. Several more have legislation pending. For employers operating across state lines, understanding these laws is a compliance requirement with real financial consequences for getting it wrong.
This post will break down state-by-state laws in 2026 so you can understand leave laws, employee benefits, and how to stay compliant.
What is paid maternity leave?
Paid maternity leave is job-protected time off for employees to recover from childbirth and bond with a new child while receiving partial or full wage replacement.
In the US, there's no federal paid maternity leave law. The protections that do exist come from a combination of state programs, employer policies, and, in some cases, short-term disability insurance.
FMLA maternity leave: What it does and doesn't cover
The Family and Medical Leave Act (FMLA) is the federal baseline for maternity leave. It provides up to 12 weeks of unpaid, job-protected leave for eligible employees at covered employers (those with 50 or more employees within a 75-mile radius). Employees must have worked at least 12 months and 1,250 hours to qualify.
The key word is unpaid. FMLA guarantees your job will be there when you return, but it doesn't require your employer to pay you during leave. That's the critical difference between FMLA and paid leave, and it's why state paid family leave programs exist. For a deeper overview of how FMLA leave works in practice, see our full guide.
Short-term disability and pregnancy leave
In states without dedicated paid family leave programs, short-term disability insurance is often the primary source of income during maternity leave. Some states — including California, New Jersey, New York, Rhode Island, and Hawaii — mandate short-term disability coverage that can apply to pregnancy and recovery from childbirth.
Short-term disability typically covers the medical recovery period after childbirth (usually six to eight weeks for a vaginal delivery and eight weeks for a cesarean section) but does not cover bonding time. That's an important gap, because state paid family leave programs generally cover both recovery and bonding.
Paid family leave vs. paid maternity leave
Most state programs are structured as paid family leave rather than paid maternity leave specifically. Paid family leave by state typically covers:
Bonding with a new child (birth, adoption, or foster placement)
Caring for a family member with a serious health condition
Military caregiver leave
In some states, safe leave for domestic violence situations
This means the same program that provides paid pregnancy leave also covers fathers, adoptive parents, and other caregiving situations. So if you're asking whether fathers can take paid parental leave — in most states with a paid family leave program, the answer is yes.
States with paid maternity leave in 2026: Quick comparison
Choosing to expand into a new state — or hiring a remote employee in one — means understanding that state's leave requirements. Here's a side-by-side comparison of every state that currently requires paid maternity leave.
State | Program name | Max duration | Wage replacement rate | Max weekly benefit (2026) | Employer size threshold |
|---|---|---|---|---|---|
California | CA Paid Family Leave (PFL) + State Disability Insurance (SDI) | 8 weeks PFL + up to 10-12 weeks SDI | 70-90% of wages | $1,765 | All employers |
Colorado | FAMLI | 12 weeks (+4 for pregnancy recovery) | 90% up to 50% of state avg weekly wage, then 50% above | $1,381.45 | 1+ employees |
Connecticut | CT Paid Leave | 12 weeks (+2 for complications) | 95% up to 40x state min wage, then 60% above | $1,016.40 | 1+ employees |
Delaware | Healthy Delaware Families Act | 12 weeks (parental leave) | 80% | $900 | 10+ (parental), 25+ (full coverage) |
DC | DC Paid Family Leave | 12 weeks (+2 for pregnancy) | 90% up to 1.5x min wage x 40, then 50% | $1,190 | All employers |
Maine | Paid Family and Medical Leave | 12 weeks | 90% up to 50% of state avg weekly wage, then 50% | $1,199 | 15+ (mandatory) |
Maryland | Time to Care Act | 12 weeks | Up to 90% based on income tier | $1,000 | 1+ employees |
Massachusetts | MA PFML | 20 weeks family + 20 weeks medical (26 combined max) | 80% up to 50% of state avg, then 50% | $1,230.90 | All employers |
Minnesota | Paid Leave (launched Jan 1, 2026) | 20 weeks combined | 55% to 95% | $1,423 | 1+ employees |
New Jersey | NJ Family Leave Insurance (FLI) + Temporary Disability Insurance (TDI) | 12 weeks FLI + up to 26 weeks TDI | Up to 85% | $1,119 (FLI) / $1,055 (TDI) | All employers |
New York | NY Paid Family Leave + DBL | 12 weeks PFL + up to 26 weeks DBL | 67% of wages capped at 67% of statewide average | $1,228.53 | All employers |
Oregon | Paid Leave Oregon | 12 weeks (+2 for complications) | 100% up to 65% of state avg, then 50% | $1,636.56 | 1+ employees (25+ for contribution requirement) |
Rhode Island | Temporary Caregiver Insurance (TCI) + TDI | 6 weeks TCI + up to 30 weeks TDI | ~60% | $1,102.50 | All employers |
Washington | WA Paid Family & Medical Leave | 12 weeks family + 12 weeks medical (16 combined, 18 with complications) | 90% up to 50% of state avg, then 50% | $1,647 | All employers |
Deep dive: Paid maternity leave laws by state
Here's a detailed breakdown of how paid maternity leave works in each state with an active program.
California paid maternity leave
California has one of the most established paid leave programs in the country. The state provides two overlapping programs: California Paid Family Leave (PFL) provides up to eight weeks of partial wage replacement for bonding with a new child, and California State Disability Insurance (SDI) covers the pregnancy disability period (up to four weeks before delivery and six to eight weeks after). Combined, California paid maternity leave can cover roughly 14 to 16 weeks. The wage replacement rate is 70-90% of wages depending on income level.
What employers need to know: All California employers are covered regardless of size. Employees fund the program through payroll deductions. Employers must inform employees of their rights through required notices and coordinate benefits between SDI, PFL, and any company-provided leave policies.
New York paid family leave
New York Paid Family Leave provides up to 12 weeks of job-protected, paid leave for bonding with a new child. The wage replacement rate is 67% of the employee's average weekly wage, capped at 67% of the state average weekly wage. New York also has a separate Disability Benefits Law (DBL) covering the medical recovery period. Combined, paid maternity leave in New York can cover around 18 to 20 weeks (26 weeks maximum between both programs).
What employers need to know: PFL is funded entirely through employee payroll deductions, but employers must purchase PFL coverage through their disability insurance carrier. New York PFL is administered through insurance carriers, not a state-run fund.
New Jersey paid maternity leave
New Jersey Family Leave Insurance (FLI) provides up to 12 weeks of benefits for bonding with a new child at 85% of the employee's average weekly wage. Temporary Disability Insurance (TDI) covers the pregnancy recovery period — up to 26 weeks at the same replacement rate. New Jersey maternity leave laws are among the most comprehensive in terms of total possible coverage duration.
What employers need to know: Both programs are funded through employee payroll deductions. Employers can opt for private insurance instead of the state plan, but it must meet or exceed state benefits.
Massachusetts paid family leave
Massachusetts PFML provides up to 12 weeks of family leave for bonding and up to 20 weeks of medical leave for pregnancy recovery, with a combined maximum of 26 weeks per benefit year. The wage replacement rate is 80% of wages up to 50% of the state average weekly wage, then 50% above. The maximum weekly benefit for 2026 is $1,230.90.
What employers need to know: Massachusetts paid family leave is funded through payroll contributions split between employers and employees. Employers with 25 or more covered employees must pay the employer share. Employers can apply for a private plan exemption if their company-provided benefits meet or exceed the state program.
Washington paid family leave
Washington Paid Family & Medical Leave provides up to 12 weeks of family leave and 12 weeks of medical leave, with a combined maximum of 16 weeks (18 with pregnancy complications). The wage replacement rate is 90% up to 50% of the state average weekly wage, then 50% above. The maximum weekly benefit for 2026 is $1,647.
What employers need to know: Premiums are split between employers and employees. Employers with fewer than 50 employees are exempt from the employer share but must still collect and remit employee premiums. Washington also offers a small-business assistance grant for employers with fewer than 150 employees.
Colorado paid family leave
Colorado FAMLI provides up to 12 weeks of paid leave, with an additional four weeks for pregnancy or childbirth complications. Parents with an infant in intensive neonatal care may receive an extra 12 weeks. The wage replacement formula is 90% of wages up to 50% of the state average weekly wage, then 50% above.
What employers need to know: Colorado FAMLI premiums are split 50/50 between employers and employees. Employers with fewer than 10 employees are only responsible for remitting the employee portion. Employers can apply for a private plan exemption.
Connecticut paid leave
Connecticut Paid Leave provides up to 12 weeks of benefits for bonding with a new child, with an additional two weeks available for incapacitation during pregnancy. The wage replacement rate is 95% of the employee's weekly wage up to 40 times the state minimum wage, then 60% above.
What employers need to know: All employers with one or more Connecticut-based employees are covered. Employee contributions fund the program through payroll deductions.
Oregon paid leave
Paid Leave Oregon provides up to 12 weeks of family leave for bonding, plus an additional two weeks for pregnancy-related complications (14 weeks total for childbirth). The wage replacement formula is 100% of wages up to 65% of the state average weekly wage, then 50% above. The maximum weekly benefit is approximately $1,636.56.
What employers need to know: Premiums are split 60/40 between employees and employers. Employers with fewer than 25 employees are not required to pay the employer share.
Rhode Island maternity leave
Rhode Island's Temporary Caregiver Insurance (TCI) provides up to 6 weeks of parental leave. The state also has a Temporary Disability Insurance (TDI) program covering pregnancy-related disability for up to eight weeks. The wage replacement rate for both programs is approximately 60% of wages.
What employers need to know: Both TCI and TDI are funded entirely through employee payroll deductions. Employers must withhold and remit contributions.
Minnesota paid family leave
Minnesota's Paid Leave program took effect January 1, 2026, making it one of the newest state paid leave programs. It provides up to 20 weeks of combined family and medical leave. The wage replacement rate is 90% of wages up to 50% of the state average weekly wage, then 50% above.
What employers need to know: Premiums are split between employers and employees. All employers with one or more Minnesota employees must participate.
Maryland paid family leave
Maryland's Time to Care Act launched in 2026, providing up to 12 weeks of paid leave. The replacement rate is up to 90% of wages with a maximum benefit of $1,000 per week. Employees who have worked at least 680 hours in the preceding 12 months are eligible.
What employers need to know: Contributions are split between employers and employees. Employers with fewer than 15 employees pay only the employer share.
Delaware paid leave
The Healthy Delaware Families Act provides up to 12 weeks of paid parental leave with benefits beginning in 2026. The wage replacement rate is 80% of the employee's average weekly wage. Parental leave applies to employers with 10 or more employees.
Maine paid family leave
Maine's Paid Family and Medical Leave program launched May 1, 2026, providing up to 12 weeks of paid leave. Contributions began in 2025. The program is mandatory for employers with 15 or more employees; smaller employers can opt in.
DC paid family leave
Washington DC Paid Family Leave provides up to 12 weeks of paid leave for bonding with a new child, along with two additional weeks to care for your pregnancy. The maximum weekly benefit is approximately $1,190. DC's program is funded entirely by employer contributions at a rate of 0.62% of wages — there are no employee contributions.
States without paid maternity leave laws
Most states do not have paid maternity leave programs. In these states, employees rely on FMLA (if eligible), employer-provided benefits, or short-term disability insurance. For employers in states without paid leave, it's worth noting that many choose to offer paid maternity leave voluntarily as a competitive benefit for recruiting and retention.
Texas: No state paid family leave program. Employees are covered only by FMLA if eligible.
Florida: No state paid maternity leave program.
Pennsylvania: No statewide paid family leave. Philadelphia and Allegheny County have local paid sick leave ordinances.
Georgia: No state paid maternity leave program.
Illinois: No statewide paid family leave, though Chicago has its own paid leave ordinance.
Ohio: No state paid maternity leave law.
Michigan: No state paid family leave program, though the state has expanded its Earned Sick Time Act.
Tennessee: No state paid family leave, though employers with 100+ employees must provide up to four months of unpaid maternity leave under the Tennessee Maternity Leave Act.
How does paid maternity leave work?
Funding mechanisms
State paid leave programs are funded in one of three ways: employee-funded (employee pays the full premium through payroll deductions), shared contributions (split between employer and employee), or employer-funded (the employer pays the full cost, as in DC). The funding model matters for payroll compliance because employers must accurately withhold and remit contributions in every state where they have covered employees.
Duration of leave
How long is maternity leave by state? The answer ranges from six weeks (Rhode Island TCI) to 26 combined weeks (Massachusetts), depending on whether you're counting bonding leave only or combining it with medical recovery leave. Most states provide 12 weeks of family leave for bonding, with additional medical leave available for pregnancy recovery.
Wage replacement rates
Maternity leave pay by state varies significantly. Highest replacement rates: Oregon (100% of wages up to 65% of state average weekly wage), Colorado and Washington (90%). Moderate: Massachusetts (80%), New Jersey (85%), Delaware (80%). Lower: Rhode Island (~60%), New York (67%). Most programs use tiered formulas that replace a higher percentage of lower wages.
FMLA vs. state paid family leave: Key differences
FMLA | State paid family leave | |
|---|---|---|
Scope | Federal | State-specific |
Pay | Unpaid | Partial wage replacement |
Job protection | Yes (12 weeks) | Varies by state (most provide job protection) |
Employer coverage | 50+ employees within 75 miles | Varies (many cover all employers) |
Employee eligibility | 12 months, 1,250 hours | Varies by state |
Funding | No cost (no wage replacement) | Payroll contributions (employee, employer, or both) |
Leave duration | 12 weeks | Varies (6-26 weeks depending on state and leave type) |
FMLA and state paid leave can run concurrently. An eligible employee in California, for example, uses PFL benefits for income during the same period that FMLA protects their job. Employers must carefully manage leave tracking to coordinate these programs correctly.
Employer compliance requirements for paid maternity leave
Staying compliant with paid maternity leave laws requires more than just knowing the rules. It requires systems and processes that can apply the right rules, to the right employees, in the right states, at the right time.
Payroll withholding and contribution requirements
In every state with a paid leave program, employers have payroll obligations — withholding employee contributions, remitting employer contributions, or both. These rates change annually. Getting this wrong creates compliance risk and affects employees' eligibility and benefit amounts when they file a claim.
Multi-state leave compliance
An employer with employees in California, New York, Massachusetts, and Colorado is managing four different contribution rates, eligibility standards, benefit structures, and administrative requirements simultaneously. For remote workers, the employee's work state — not the employer's headquarters — determines which paid leave laws apply. Leave management software has become a compliance requirement rather than a convenience for multi-state employers.
Employee notice and posting requirements
Most states with paid leave programs require employers to provide written notices to employees about their rights and benefits, including workplace postings, new-hire notices, and sometimes individual notifications when an employee experiences a qualifying event. Keeping a compliant leave policy documented and updated is a key part of this requirement.
Which state has the best paid maternity leave?
For total leave duration: Massachusetts offers the longest potential coverage — up to 26 combined weeks per year.
For wage replacement: Oregon's 100% replacement rate on lower wages is the most generous.
For combined generosity (duration, wage replacement, broad eligibility): Washington, Colorado, and Oregon consistently rank among the strongest programs.
No state currently provides 100% wage replacement on all earnings. Oregon comes closest for lower-income workers, with 100% replacement up to 65% of the state average weekly wage. Paid maternity leave is not required at the federal level — it exists only in states that have enacted their own programs.
Maternity leave laws 2026: Key changes employers should know
Paid leave laws by state continue to evolve. Here are the most significant changes for 2026 that may affect your compliance obligations. Employers should review their payroll systems and leave policies annually to account for these changes.
Change | Details | Effective date |
|---|---|---|
Minnesota Paid Leave launches | New program providing up to 20 weeks combined family and medical leave | January 1, 2026 |
Maryland Time to Care Act benefits begin | Up to 12 weeks of paid leave; max benefit $1,000/week | 2026 |
Delaware Healthy Delaware Families Act benefits begin | Up to 12 weeks parental leave; contributions started in 2025 | January 1, 2026 |
Maine Paid Family and Medical Leave | Up to 12 weeks of paid leave; contributions began in 2025 | May 1, 2026 |
Annual benefit cap adjustments | Most states adjust maximum weekly benefits annually based on wage data | Various (typically January or July) |
Contribution rate changes | Several states updated employer/employee contribution rates for 2026 | Various |
Manage paid leave compliance with Rippling
Managing parental leave laws by state across multiple jurisdictions requires a platform that connects leave management, payroll, and compliance in a single system. Rippling's unified platform automatically applies the correct leave rules for every state where you have employees.
Key capabilities include:
Automated state leave compliance: Jurisdiction-specific rules applied automatically based on employee work location.
Payroll integration: Paid leave contributions calculated, withheld, and remitted correctly for every state.
Leave tracking and coordination: FMLA, state PFL, short-term disability, and company leave policies managed in a single system.
Employee self-service: Employees can view leave balances, submit requests, and track claim status.
Real-time reporting: Visibility into leave usage, costs, and compliance status across your entire workforce.
Frequently Asked Questions
What states require paid maternity leave?
How much does paid maternity leave cost employers?
Costs vary by state and depend on whether the program is employer-funded, employee-funded, or shared. Employer contribution rates typically range from 0% (employee-only funded states like California and New York) to 0.62% of wages (DC, which is fully employer-funded). In states with shared contributions, the employer's share typically ranges from 25% to 50% of the total premium. Most state programs are funded primarily through small employee payroll deductions, which means the direct cost to employers is limited in most states.
Can employees use short-term disability for pregnancy?
Yes. In states that mandate short-term disability insurance (California, New Jersey, New York, Rhode Island, and Hawaii), employees can use disability benefits to cover the medical recovery period after childbirth. Many private short-term disability policies also cover pregnancy-related disability. Short-term disability typically covers six to eight weeks of recovery (longer for a cesarean), while state paid family leave covers the bonding period. The two programs can stack, giving employees coverage for both recovery and bonding time.
What happens if an employer doesn't comply with state paid leave laws?
Consequences for noncompliance vary by state but can include fines, back pay obligations, and penalties assessed per employee per violation. Several states also impose specific penalties for retaliating against employees who request or take paid leave, including potential civil lawsuits by affected employees. In states with employer contribution requirements (like DC, Colorado, and Massachusetts), failure to remit contributions can trigger interest and penalties on the unpaid amounts. Employers should also be aware that failing to provide required employee notices is itself a violation in most states with paid leave programs.
How should employers handle paid leave for remote workers?
Generally, the employee's work state — not the employer's headquarters state — determines which paid leave laws apply. If you have a remote employee working in Massachusetts, Massachusetts PFML rules apply to that employee even if your company is headquartered in Texas. This means employers must track each employee's work location and apply the corresponding state's contribution rates, eligibility standards, and leave entitlements. For multi-state employers, this is one of the primary reasons automated leave management and payroll systems have become essential rather than optional.
Is paid maternity leave required in the US?
Not at the federal level. Paid maternity leave exists only in states that have enacted their own programs. The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for eligible employees at covered employers (50+ employees), but there is no federal requirement for wage replacement during that leave. Employers in states without paid leave programs have no legal obligation to provide paid maternity leave beyond what their own voluntary policies offer.
How long is paid maternity leave in California?
California provides up to eight weeks of Paid Family Leave for bonding, plus up to four weeks of State Disability Insurance before delivery and six to eight weeks after (six for vaginal delivery, eight for cesarean). The total can reach 14 to 16 weeks of paid coverage. California's SDI and PFL programs run back-to-back, with SDI covering the medical recovery period and PFL covering the bonding period. Wage replacement ranges from 70% to 90% of wages depending on income level, with lower earners receiving the higher replacement rate.
Is HR outsourcing helpful for leave compliance?
For many small and mid-sized businesses, outsourcing HR functions like leave administration can simplify compliance with state leave laws. PEO (Professional Employer Organization) partners and HR outsourcing providers can manage the complexity of multi-state compliance, payroll withholding, employee communications, and required notices. For employers expanding into new states or managing a remote workforce across multiple jurisdictions, this can reduce compliance risk and administrative burden significantly. When evaluating options, ensure any provider has up-to-date knowledge of all the states where your employees work.
Disclaimer
Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.
Author
Vanessa Kahkesh
Content Marketing Manager, HR
Vanessa Kahkesh is a content marketer for HR passionate about shaping conversations at the intersection of people, strategy, and workplace culture. At Rippling, she leads the creation of HR-focused content. Vanessa honed her marketing, storytelling, and growth skills through roles in product marketing, community-building, and startup ventures. She worked on the product marketing team at Replit and was the founder of STUDENTpreneurs, a global community platform for student founders. Her multidisciplinary experience — combining narrative, brand, and operations — gives her a unique lens into HR content: she effectively bridges the technical side of HR with the human stories behind them.
Hubs
See Rippling in action
Increase savings, automate busy work, and make better decisions by managing HR, IT, and Finance in one place.