Paternity Leave in the USA
Understanding Your Rights: Maternity and Parental Leave in the U.S.
When you’re facing the emotional whirlwind of new parenthood, especially with postpartum depression in the mix. It’s easy to feel like you’re drowning in information. But you deserve to know your rights. You deserve to be supported.
Here’s a simplified guide to the federal and state laws that may apply to you as a parent or soon-to-be parent in the United States.
Here’s What You Need to Know
The Family and Medical Leave Act (FMLA)
What it offers:
Up to 12 weeks of unpaid, job-protected leave each year.
Why it matters:
Whether you’ve just given birth, are caring for a newborn, or welcoming a child through adoption or foster care, the FMLA allows you to take time off without fear of losing your job.
Who qualifies:
You’re eligible if:
You’ve worked for your employer for at least 12 months
You’ve clocked in at least 1,250 hours in the past year
You work at a location with 50 or more employees within 75 miles
What’s protected:
Your job: You must be allowed to return to the same or a similar position.
Your health insurance: Your employer must continue your group health coverage during your leave.
Tip: This leave is unpaid, so planning ahead financially is key. But the protection it offers can be a lifeline for your mental health.
The Pregnancy Discrimination Act (PDA)
What it protects:
Your right not to be treated unfairly because of pregnancy, childbirth, or related conditions.
What that means in plain terms: If your employer allows leave or accommodations for other temporary disabilities (like a back injury), they must extend the same support to you for pregnancy-related needs.
This applies to:
Hiring
Pay
Promotions
Leave
Job duties
You have the right to be treated fairly, not just as an employee, but as a person navigating the real challenges of motherhood.
The Federal Employee Paid Leave Act (FEPLA)
Good news for federal employees:
If you work for the federal government, you may be entitled to 12 weeks of paid parental leave following the birth, adoption, or foster placement of a child (as of October 1, 2020).
To qualify:
You must meet FMLA requirements
You must have worked in federal service for at least 12 months
This leave replaces the unpaid portion of FMLA leave for the same purpose—giving you the time you need to adjust to your new life without added financial stress.
What About State Laws?
Federal laws are just the baseline. Many states go further, offering paid family leave, broader definitions of family, and support for those working for smaller employers.
Here’s what some states offer as of April 2025:
California: Up to 8 weeks of paid family leave
New Jersey: Up to 12 weeks
New York: Up to 12 weeks
Washington: Up to 12 weeks
Other supportive states include:
Rhode Island, Massachusetts, Connecticut, Maryland, Colorado, Delaware, Maine, Minnesota, Oregon, and D.C.
Additional protections may include:
Job protection beyond 12 weeks
Leave for caring for extended family
Accommodations for pregnancy (like lighter duties or modified schedules)
Every state is different. Check your state’s labor department website or speak with your HR department for the details that apply to you.
You Are Not Alone
Taking parental leave isn’t just about bonding with your child. It’s about giving yourself space to heal—physically, mentally, and emotionally. Whether you’re battling the fog of postpartum depression or just trying to find your feet again, knowing your rights can help you breathe a little easier.
Need more support navigating postpartum life?
Explore the resources and stories on this site. You don’t have to do this alone.