What is a maternity leave policy?
Maternity leave is paid or unpaid time off at work for new mothers. Maternity leave is a form of parental leave, time off taken by parents who have just welcomed a new child into their lives. A maternity leave policy is an employer’s official documentation around maternity leave benefits for employees.
Key takeaways
- In the U.S., there is no requirement to give paid maternity leave to employees. However, eligible employees are entitled to up to 12 weeks of unpaid leave through the Family and Medical Leave Act.
- Maternity leave is a valuable benefit for employees and employers, as it helps keep operations running smoothly and attracts and retains top talent.
- Your maternity leave policy should be clear and thorough, including essential information such as eligibility, state and federal mandates, compensation, documentation expectations, and return-to-work processes.
Why a maternity leave policy matters for employers
According to the U.S. Census Bureau report, 78% of mothers work immediately before their first birth. This number has doubled over the past half century, representing a large portion of the nation’s workforce. Employers should be prepared with a maternity leave policy that answers common employee questions and clarifies what to expect.
Despite the growing number of mothers in the workforce, Carrot’s Maternal Health in the Workplace report found that only 21% of working mothers say their maternal needs are being effectively supported by workplace benefits.
For employers, maternity leave is a valuable benefit that helps both their strategic goals and their workforce. An SHRM study found that offering paid leave to employees created strategic benefits for the employer:
- 58% reported that offering leave helped attract new talent
- 55% experienced better retention
- 60% saw an increase in employee engagement
Beyond these high-level benefits, there are many benefits of a maternal leave policy, such as compliance with state law, meeting industry benchmarks, promoting employee well-being, and boosting an organization’s reputation.
What U.S. law requires: FMLA and state maternity leave laws
The United States does not have a national maternity leave policy, although individual states have passed laws that mandate maternity leave and parental leave. However, the Family and Medical Leave Act (FMLA) entitles eligible employees to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including the birth of a child, care for a newborn child within one year of birth, and placement of an adopted or foster care child with an employee.
FMLA applies to these covered employers:
- Private-sector employers with 50+ employees
- Public agencies (federal, state, and local governments) regardless of the number of employees
- Local educational agencies (such as public and private elementary and secondary schools)
Employees are eligible for FMLA if they:
- Work for a covered employer for at least 12 consecutive months
- Have worked at least 1,250 hours with the employer before FMLA leave begins
- Work at a location where the employer has at least 50 employees within 75 miles
State-by-state maternity leave laws
Maternity leave laws vary from state to state. As of 2026, 14 states and the District of Columbia have comprehensive mandatory state paid family leave, while nine states have adopted voluntary paid family leave systems through the private insurance market.
Please note that this list is subject to change based on new legislation introduced by federal and state governments.
What should a maternity leave policy include? (7 key elements)
Employees experiencing family changes are dealing with a lot of stress and unknowns. Make your maternity leave policy clear and well-defined to better support employees and the organization.
1. Eligibility criteria. Define who receives which benefits, including specifications around full-time and part-time employees, and length of service at the company.
2. Duration of leave. How many weeks of maternity leave are guaranteed, and how can employees use leave time? Consider any legally mandated minimum leave periods, as well as industry standards and overall company strategic goals.
3. Pay and funding source. If employees can receive compensation for leave, explain how they should expect to be paid. Is it through the employer, short-term disability, insurance, or state-sponsored paid leave? And will they receive full pay, or a percentage of their usual salary or wage?
4. Job protection and return-to-work guarantee. Provide reassurance that those who take maternity leave will return to the same (or equivalent) position.
5. Continuation of health benefits. Explain what employees can expect around health insurance coverage and access to additional counseling services, resources, and specialists, such as through Carrot.
6. Inclusive language. Use clarifying language that explains which situations apply to maternity leave. How does the company support adoptive parents, parents welcoming a child through surrogacy, or non-birthing parents?
7. Notice, documentation, and request process. Clearly define how employees get leave approved. What documentation is required? How much notice should they give? How should they formally request leave?
How maternity leave fits into a broader family-building benefit strategy
Companies with family-building benefits are more likely to attract and keep diverse, top talent. It’s a smart way to stand out to prospective employees and competitors, and showcase company values. However, these aren’t the only reasons top employers invest in maternity leave policies. A maternity leave policy can also:
- Contribute to more equitable working environments.
- Set up teams for success during times of regular workflow disruption
- Protect the company from fees and penalties for noncompliance
But more than anything, having a well-crafted maternity leave policy for new parents just makes sense — especially if you’re also offering other family-building benefits.
These measures demonstrate that a company encourages its employees to become parents, and also understands how that family-building journey intersects with work. It doesn’t just begin when an employee gets pregnant or starts IVF treatment, and it doesn’t end when that employee welcomes a new child in their home.
Choosing to expand a family means dealing with new stressors, such as doctor’s appointments, finances, emotional well-being, and return-to-work, among other things. All of these are touchpoints for employers to offer benefits that fit the needs of their budgets, goals, and employees.
How to write a maternity leave policy (step by step)
Not sure how to write a maternity leave policy? Here’s what you should do:
- Benchmark peers. Start by researching what parent leave benefits are being offered by similar companies within your industry. Are their offerings competitive? Do they offer paid or unpaid leave? How many weeks?
- Define eligibility and duration. Make it clear who is eligible for maternity leave, including differences for part-time and full-time employees, and length of service. For eligible employees, how much time are they entitled to take?
- Decide on pay structure and funding. If employees will receive paid maternity leave, is it at their full pay rate, or a reduced rate? And will the leave be funded primarily through state and federal programs, private insurance, or a combination?
- Build in job protection and return-to-work support. One of the biggest stressors of family-building while working is wondering how you will juggle new responsibilities with work responsibilities. Document how your organization will support new parents by maintaining the same job and providing a plan to ease them back into work.
- Submit your policy for legal review. Ensure your organization is compliant with local and federal laws, and that the maternity leave policy is legally sound. Otherwise, you could be facing some serious (and expensive) consequences.
- Communicate the policy to employees. Make sure employees understand the company’s maternity leave policy. Anticipate questions and provide easy-to-understand answers.
- Revisit your policy annually. A lot can change in a year, including laws, employee expectations, and company growth. Make sure your leave benefits are meeting the needs of the employer and employee as things change.
How do leading employers structure maternity leave? A quick benchmark
To stay relevant and desirable in a competitive market, keep up-to-date with how industry leaders are structuring maternity leave.
Common mistakes to avoid when writing a maternity leave policy
So far, we’ve covered what should be included in a thoughtful maternity leave policy. But what are some common mistakes that employers should avoid?
- Excluding non-birthing or adoptive parents. Your policies should be equitable to abide by regulations and eliminate risks.
- Not including a return-to-work plan. A return-to-work plan shows that the employer has a clear process to support the employee’s transition back to work.
- Unclear information about pay. Employees want to know how they will be paid so they can adjust their budgets. This establishes trust and provides security.
- No update cadence for employees. How and when can each party expect updates during leave, especially with regard to needing more leave?
- Ignoring how state and federal leave interact. If the company’s maternity leave policy coordinates with other programs, what does this look like? What should employees expect?
Be sure to dig into these common mistakes and take measures to avoid them when writing a maternity leave policy.
Frequently asked questions
What is a good maternity leave policy?
A good maternity leave policy includes all necessary information for employees to fully understand parental leave benefits, such as eligibility requirements, compensation, length of leave, explanation of health benefit continuation, inclusive language, and documentation processes.
How long is maternity leave, typically?
There is no standard length for maternity leave in the U.S. However, on average, new mothers take 10 weeks of maternity leave. FMLA entitles birthing parents to up to 12 weeks of protected unpaid maternity leave, but many cannot afford to forgo their regular paychecks to take the full leave amount.
Is maternity leave paid or unpaid?
Maternity leave is either paid or unpaid, depending on the employer and the state in which an employee works. Most states in the U.S. do not require paid maternity leave. 14 states offer comprehensive mandatory state-sponsored family leave.
Do part-time employees qualify?
Part-time employees can qualify for both paid and unpaid maternity leave. This depends on whether the employee meets minimum eligibility requirements for state or federal leave, or their employer’s benefits package.
How is maternity leave different from parental leave?
Maternity leave is a specific form of parental leave, typically referring to the birthing parent. Parental leave is the umbrella term, and maternity leave falls under that definition. Many companies and organizations prefer to use the term “parental leave” because it is more inclusive overall.
Flexible benefits for a diverse workforce
Writing a good maternity leave policy isn’t enough. There are so many experiences and touchpoints in family-building that can’t be covered by a simple policy. Employers get the best from their employees when they prioritize providing day-to-day support that helps individuals through every step of the journey. Request a demo to learn how you can provide employees with personalized, expert-guided care.
