Maternity Leave Laws in the US (2026 Guide to Federal Pregnancy Protections)
Federal law does not require private employers to provide paid maternity leave. However, multiple federal statutes protect pregnant workers from discrimination and guarantee job-protected unpaid leave, reasonable workplace accommodations, and equal treatment in benefits and employment decisions. The primary federal laws governing maternity leave and pregnancy in the workplace are the Pregnancy Discrimination Act (PDA), the Pregnant Workers Fairness Act (PWFA), the Family and Medical Leave Act (FMLA), the PUMP for Nursing Mothers Act, and the Americans with Disabilities Act (ADA).
| Key Facts | ||
|---|---|---|
| Protection | Law | Coverage |
| Prohibits pregnancy discrimination in hiring, firing, pay, and benefits | Pregnancy Discrimination Act (PDA) | Employers with 15+ employees |
| Requires reasonable accommodations for pregnancy-related limitations | Pregnant Workers Fairness Act (PWFA) | Employers with 15+ employees |
| Provides up to 12 weeks of unpaid, job-protected leave | Family and Medical Leave Act (FMLA) | Employers with 50+ employees |
| Protects break time and private space for nursing mothers | PUMP for Nursing Mothers Act | Most FLSA-covered employees |
| Covers pregnancy-related disabilities (gestational diabetes, preeclampsia, etc.) | Americans with Disabilities Act (ADA) | Employers with 15+ employees |
| Paid maternity leave requirement | No federal law | Varies by state |
Federal Laws That Protect Pregnant Workers
Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act of 1978 is an amendment to Title VII of the Civil Rights Act of 1964. The PDA prohibits employers from discriminating against employees or job applicants based on pregnancy, childbirth, or related medical conditions.
Under the PDA, employers are required to treat pregnancy the same as any other temporary disability for all employment-related purposes. This includes hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.
The PDA applies to employers with 15 or more employees, including state and local governments, employment agencies, and labor organizations.
Key protections under the PDA include:
An employer cannot refuse to hire a worker because of a pregnancy-related condition, as long as the worker can perform the major functions of the job. An employer cannot single out pregnancy-related conditions for special procedures to determine ability to work. If an employee is temporarily unable to perform job duties due to pregnancy, the employer must treat the employee the same as any other temporarily disabled employee — including providing light duty, modified tasks, alternative assignments, disability leave, or leave without pay. An employer cannot require a pregnant employee to remain on leave until after childbirth if the employee recovers and is able to work.
Source: EEOC — Fact Sheet: Pregnancy Discrimination
Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act took effect on June 27, 2023. The PWFA requires covered employers to provide reasonable accommodations to qualified employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employer an undue hardship.
The PWFA significantly expanded protections beyond the PDA by creating an independent right to accommodation rather than requiring comparison to similarly situated non-pregnant employees.
Under the PWFA, employers must not fail to make reasonable accommodations for known pregnancy-related limitations, require an employee to accept an accommodation other than one agreed upon through the interactive process, deny employment opportunities based on the need for a reasonable accommodation, require an employee to take leave if another reasonable accommodation would allow the employee to continue working, or retaliate against an employee for requesting or using an accommodation.
Examples of reasonable accommodations under the PWFA include additional restroom breaks, a stool or chair for standing jobs, closer parking, flexible scheduling for prenatal appointments, temporary transfer to a less physically demanding position, and temporary suspension of certain job duties.
The PWFA applies to employers with 15 or more employees.
Source: EEOC — What You Should Know About the Pregnant Workers Fairness Act
Family and Medical Leave Act (FMLA) and Maternity Leave
The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the birth of a child and to bond with the newborn, for prenatal care, and for a serious health condition related to pregnancy. The FMLA applies to both mothers and fathers.
To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months, have worked at least 1,250 hours during the 12 months before the start of leave, and work at a location where the employer has at least 50 employees within 75 miles.
FMLA leave is unpaid unless the employer provides paid leave benefits or the employee uses accrued paid leave (such as vacation or sick leave) during the FMLA leave period. The employer must maintain group health insurance coverage during FMLA leave under the same terms as if the employee had continued working.
Upon return from FMLA leave, the employee is entitled to be restored to the same position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.
Source: DOL — FMLA Fact Sheet
PUMP for Nursing Mothers Act
The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) took effect on December 29, 2022. The PUMP Act requires employers to provide reasonable break time and a private space (other than a bathroom) for nursing employees to express breast milk for up to one year after the child’s birth.
The PUMP Act expanded protections that previously applied only to non-exempt employees under the FLSA. It now covers most FLSA-eligible workers, including salaried employees. Employers with fewer than 50 employees may be exempt if compliance would impose an undue hardship.
The space provided must be shielded from view, free from intrusion by coworkers and the public, and functional for expressing breast milk. A bathroom does not qualify as a permissible space under the law.
Source: DOL — Break Time for Nursing Mothers
Americans with Disabilities Act (ADA) and Pregnancy
Pregnancy itself is not a disability under the ADA. However, pregnancy-related medical conditions may qualify as disabilities under the ADA if they substantially limit one or more major life activities. Examples of pregnancy-related conditions that may be covered include gestational diabetes, preeclampsia, pregnancy-related sciatica, severe morning sickness (hyperemesis gravidarum), postpartum depression, and complications requiring bed rest.
When a pregnancy-related condition qualifies as a disability, the employer must provide reasonable accommodations under the ADA, in addition to any obligations under the PWFA.
Source: EEOC — Pregnancy Discrimination and Pregnancy-Related Disability Discrimination
How Long Is Maternity Leave Under Federal Law?
Federal law does not mandate a specific duration of paid maternity leave. The FMLA provides up to 12 weeks of unpaid, job-protected leave for eligible employees. Beyond the FMLA, the length of maternity leave depends on employer policies, state laws, and any applicable disability or sick leave benefits.
| Component | Duration | Paid/Unpaid |
|---|---|---|
| FMLA leave | Up to 12 weeks | Unpaid (unless employer provides paid leave or employee uses accrued leave) |
| Short-term disability (if employer offers) | Typically 6–8 weeks for normal delivery, longer for complications | Partial pay (varies by plan) |
| State paid family leave (if applicable) | Varies by state (4–12 weeks in states that offer it) | Partial pay (varies by state) |
| Employer-provided paid maternity leave | Varies by employer | Paid (varies by employer) |
The FMLA provides the baseline federal protection. Employees in states with paid family leave programs — such as California, New York, New Jersey, Washington, Massachusetts, Connecticut, Oregon, Colorado, Maryland, and the District of Columbia — may receive partial wage replacement during maternity leave.
Pregnancy Discrimination: What Employers Cannot Do
The EEOC enforces federal laws prohibiting pregnancy discrimination. Employers are prohibited from taking the following actions based on pregnancy, childbirth, or related medical conditions:
Refusing to hire a qualified applicant because of pregnancy or plans to become pregnant. Firing, demoting, or reducing hours because of pregnancy. Denying a promotion or training opportunity because an employee is pregnant or has recently given birth. Forcing an employee to take leave when the employee is able and willing to work. Requiring a pregnant employee to obtain medical clearance to continue working if similar clearance is not required of other employees with temporary conditions. Reducing job responsibilities without the employee’s agreement. Harassing an employee because of pregnancy, childbirth, or a related medical condition. Retaliating against an employee who files a pregnancy discrimination complaint, participates in an investigation, or opposes discriminatory practices.
The EEOC received 2,862 pregnancy discrimination charges in fiscal year 2023. The majority of charges alleged termination based on pregnancy.
Source: EEOC — Pregnancy Discrimination
State Maternity Leave and Pregnancy Protections
Federal law establishes the minimum protections for pregnant workers. Many states provide additional protections, including paid family leave programs, extended leave beyond 12 weeks, pregnancy accommodations for smaller employers, and stronger anti-discrimination provisions.
As of 2025, the following states and jurisdictions have enacted paid family and medical leave programs that include maternity leave benefits: California, Colorado, Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, and Washington.
State paid family leave programs typically provide partial wage replacement (ranging from 50% to 90% of average weekly wages, subject to caps) for a specified number of weeks. Eligibility requirements, benefit amounts, and duration vary by state.
How to File a Pregnancy Discrimination Complaint
An employee who believes they have experienced pregnancy discrimination can file a charge of discrimination with the EEOC. The charge must be filed within 180 days of the alleged discriminatory act (or 300 days in states with a state or local agency that enforces its own anti-discrimination laws).
The steps to file a pregnancy discrimination complaint are:
Contact the EEOC by calling 1-800-669-4000 or visiting the nearest EEOC office. File a charge of discrimination online through the EEOC Public Portal at https://publicportal.eeoc.gov. Provide details of the alleged discrimination, including dates, actions taken, and the basis for the claim. The EEOC will investigate the charge and may attempt to resolve the matter through mediation or conciliation. If the EEOC determines that discrimination occurred and cannot resolve the charge, it may file a lawsuit on behalf of the employee or issue a right-to-sue letter.
Employees may also file complaints with their state or local fair employment practices agency.
Source: EEOC — How to File a Charge of Employment Discrimination
Frequently Asked Questions
Is maternity leave required by federal law?
Federal law does not require employers to provide paid maternity leave. The FMLA provides up to 12 weeks of unpaid, job-protected leave for eligible employees at covered employers (50+ employees). Paid maternity leave is governed by state law, employer policy, or collective bargaining agreements.
How long is maternity leave in the United States?
There is no standard duration for maternity leave in the United States. The FMLA provides up to 12 weeks of unpaid leave. State paid family leave programs, where available, range from 4 to 12 weeks of partial wage replacement. The total duration depends on federal and state law, employer policy, and any applicable short-term disability benefits.
Can I be fired for being pregnant?
No. Under the Pregnancy Discrimination Act and Title VII of the Civil Rights Act, it is illegal for an employer with 15 or more employees to fire, demote, or otherwise discriminate against an employee because of pregnancy, childbirth, or a related medical condition.
What is the Pregnant Workers Fairness Act?
The Pregnant Workers Fairness Act (PWFA) is a federal law that took effect on June 27, 2023. It requires employers with 15 or more employees to provide reasonable accommodations to employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause an undue hardship.
What accommodations can I request during pregnancy?
Under the PWFA, reasonable accommodations may include additional restroom breaks, a stool or chair, closer parking, flexible scheduling for prenatal appointments, temporary transfer to a less strenuous position, temporary suspension of certain job duties, and time off for recovery from childbirth. The specific accommodation depends on the individual’s limitations and the employer’s operations.
Does FMLA cover maternity leave?
Yes. The FMLA provides up to 12 weeks of unpaid, job-protected leave for the birth of a child and to bond with the newborn. To be eligible, the employee must have worked for the employer for at least 12 months, worked at least 1,250 hours in the preceding 12 months, and work at a location with at least 50 employees within 75 miles.
Can my employer make me take maternity leave early?
No. Under both the PDA and the PWFA, an employer cannot force a pregnant employee to take leave if the employee is able and willing to work and a reasonable accommodation (other than leave) can be provided. An employer may not require a pregnant employee to remain on leave until after childbirth if the employee has recovered and is able to perform job duties.
What states have paid maternity leave?
As of 2025, states and jurisdictions with paid family and medical leave programs include California, Colorado, Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, and Washington. Benefit amounts, duration, and eligibility requirements vary by state.
Does pregnancy discrimination cover fertility treatments?
Yes. Pregnancy discrimination under Title VII and the PDA can include discrimination based on fertility treatments, as these are related medical conditions associated with pregnancy. The PWFA may also require accommodations for limitations arising from fertility treatments.
What is the PUMP Act?
The PUMP for Nursing Mothers Act requires employers to provide reasonable break time and a private space (not a bathroom) for nursing employees to express breast milk for up to one year after the child’s birth. The PUMP Act covers most FLSA-eligible employees.
Can I get unemployment if I quit due to pregnancy?
Eligibility for unemployment benefits after quitting due to pregnancy varies by state. Some states consider pregnancy-related medical conditions or lack of reasonable accommodations as good cause for voluntary separation. Contact the state unemployment insurance agency for specific eligibility rules.
How do I file a pregnancy discrimination complaint?
File a charge of discrimination with the EEOC within 180 days (or 300 days in states with their own enforcement agency) of the alleged discrimination. Charges can be filed online through the EEOC Public Portal, by calling 1-800-669-4000, or by visiting the nearest EEOC office.
Is postpartum depression covered under disability laws?
Postpartum depression may qualify as a disability under the ADA if it substantially limits one or more major life activities. Employees with postpartum depression may be entitled to reasonable accommodations under the ADA and the PWFA.
Are fathers entitled to parental leave under federal law?
Yes. The FMLA provides up to 12 weeks of unpaid, job-protected leave for both mothers and fathers to bond with a newborn child, an adopted child, or a foster child. Eligibility requirements apply equally to both parents.