Federal and State Maternity Benefits
Author: Dana Fenton
While there are no federal laws that outline a specified maternity leave for expectant mothers in the United States, the Family and Medical Leave Act applies to all 50 states. There are also 21 individual states that have laws that offer some form of maternity leave exception. The United States is one of only five countries that does not provide a federally mandated maternity leave or require employers to provide some sort of maternity leave provision.
Since its inception in 1993, the Family and Medical Leave Act (FMLA) has allowed more than 40 million workers to experience the many benefits it offers. However, current legislators want to reformat the FMLA guidelines to include more workers, more types of businesses, and to make maternity leave more affordable for everyone.
Under FMLA, a covered employer must allow an eligible employee a maximum of 12 weeks of unpaid leave during a 12 month period of time. FMLA eligibility would apply in the following situations:
- Birth and care of a newborn child of the employee
- In cases of a foster child or an adoption by the employee
- To take care of an ill member of the immediate family (spouse, child, or parent)
- Personal medical leave if an employee is disabled and cannot work
The following table shows each individual state and what type of benefits are allotted:
Alaska: Workers who are employed by a private company with more than 21 employees who reside within a 50 mile radius and who have worked more than 35 hours per week within the previous 12 months are entitled to an 18 week leave per calendar year in the event of birth or adoption of a child.
California: Most workers are covered by state short term disability insurance with some notable exceptions: person must have worked at the same company for one year, worked for 1,250 hours within the past year, company must have a minimum of 50 employees, and employees must live within 75 miles of the work site. For pregnancies without complications, the benefit period is generally from 4 weeks before your due date to 6 weeks after delivery. If your pregnancy or recovery prevents you from working beyond that time, your doctor needs to indicate that on the initial claim form, in which case it is treated just like any other medical condition that prevents you from working. Temporary disability payments are made on a weekly basis at approximately 55% of weekly income with a cap of $602 per week. Additionally, once a person has recovered, they can receive up to 6 weeks of family leave insurance payments not to exceed $728 per week.
Connecticut: Women are covered when employed by a company that has more than three employees. The unpaid leave covers the time during which a woman is medically disabled due to pregnancy and childbirth, which is 6 to 8 weeks on average. The Connecticut Family and Medical Leave Act allows up to 16 weeks of unpaid leave for child birth and prohibits an employer from taking adverse action against an employee who elects to use this leave time.
District of Columbia: Workers who are employed by a company with more than 20 employees have coverage. The period of leave for maternity disability is 6 to 8 weeks on average. Compensation comes from temporary disability insurance, which pays around 58% of weekly wages, not to exceed $408 per week.
Hawaii: All working women are covered. Fathers and adoptive parents who are not covered under FMLA or maternity disability law and work within the private sector, at a job for six months or more, and for a company that has less than 100 employees, may be eligible for up to four weeks of leave. Unpaid leave covers the period of time a woman is disabled due to pregnancy and childbirth, which is typically 6 to 8 weeks.
Iowa: Women who work for a company that has four or more employees qualify. The leave is unpaid and covers the period of time in which a woman is disabled due to pregnancy and childbirth, which is typically 6 to 8 weeks.
Kentucky: All workers who adopt a child under the age of 7 are eligible. The law applies only to adoptive parents. The leave time covers a maximum of six weeks and is unpaid.
Louisiana: Women who work for a company with more than 25 employees can qualify. The unpaid leave period applies to the time during which a woman is medically disabled due to pregnancy and childbirth. This is 6 to 8 weeks on average, but the leave period cannot exceed 4 months in duration.
Maine: Employees of a company that has more than 15 employees qualify for unpaid family and medical leave for a period of up to 10 weeks every 24 months.
Massachusetts: Women who are employed by a company that has more than eight employees qualify for up to 8 weeks of unpaid leave.
Minnesota: Employees of a company with more than 21 employees who have worked for 12 months on at least on a part-time basis qualify for unpaid leave. The leave allows up to six weeks for the birth or adoption of a child. For qualifying low-income families, the At-Home Infant Program (AHIP) is available. AHIP is a program designed for women who would normally receive a child care subsidy. Eligible women use the payment that would normally go towards child care to take care of their child at home.
Montana: All working mothers qualify for unpaid leave for the period of time a woman is medically disabled due to pregnancy and childbirth, typically 6 to 8 weeks.
New Hampshire: Women who work for a company with more than six employees qualify for unpaid leave for the period they are medically disabled due to pregnancy and childbirth, typically 6 to 8 weeks.
New Jersey: Workers who are employed by a company with more than 50 employees and those who have worked more than 1,000 hours within the past year can qualify. The leave covers employees for a period of 12 weeks within a 24 month period. Payment during this time period consists of state disability insurance, which equals two-thirds of average weekly pay, not to exceed $459 per week. For pregnancy disability, a woman can collect up to four weeks prior to expected due date and up to six weeks post delivery.
New York: Any worker who is covered under FMLA is eligible. The leave period is not to exceed 26 weeks, but is typically 6 to 8 weeks for pregnancy. State temporary disability insurance pays 50% of weekly income, up to $170 per week.
Oregon: Employees of a company with more than 25 employees and have worked at least 25 hours per week for the previous 180 days can qualify for unpaid maternity leave. The period covers up to 12 weeks for family medical leave and an additional 12 weeks for pregnancy disability. An additional 12 weeks of leave can be taken when taking care of a child with a serious illness. Mothers can take a maximum leave of 36 weeks per calendar year, and fathers can take up to 24 weeks within a calendar year.
Rhode Island: Any worker who is eligible for FMLA is covered. The leave period covers 12 weeks in duration, and payment comes from state disability insurance, which is calculated by figuring 4.62% of base-period earnings. The weekly maximum benefit allotment is $561. Women with children may qualify for an additional benefit per dependent (up to 5 children maximum) of $10 or 7% of the weekly benefit, whichever amount is greater.
Tennessee: All female employees can qualify for coverage. The unpaid leave period is not to exceed four months.
Vermont: Employees of a company with more than ten employees and work an average of 30 hours per week can qualify for coverage. The unpaid leave period maximum is 12 weeks.
Washington: Women employed by a company with more than eight employees can qualify for coverage. The unpaid leave period covers the time a woman is medically disabled due to pregnancy and childbirth, which is 6 to 8 weeks on average.
Wisconsin: Workers who are eligible for FMLA (unpaid leave), part-time employees who work for a company with more than 50 employees, and those who have worked for a minimum of 1,000 hours but less than 1,250 hours can qualify for coverage. FMLA eligible employees receive 12 weeks off in the event of the birth or adoption of a child. Part-time employees are eligible for six weeks of unpaid leave as well.
Many U.S. companies are working towards having more family-friendly policies, and several offer alternatives in the form of short and long term disability insurance programs. The passing of the Family and Medical Leave Act of 1993 brought about a milestone in the country; as a result, there have been many reforms enacted to protect the rights of pregnant women in the workforce.
