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Maternity Leave by State

What maternity and paid family leave actually looks like in every state, 2026 rules.

✓ Free ✓ Updated 2026

Federal FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave in all 50 states. On top of that baseline, 13 states plus Washington, D.C. run their own paid family and/or medical leave insurance program — every other state leaves paid leave entirely up to individual employers.

The 37 pages below cover the states that do not run a state paid-leave program — exactly what FMLA covers, what most employers offer instead (short-term disability, parental-leave policies, PTO), and how the pieces fit together. Looking for a state with an actual paid-leave benefit? See the state paid leave calculators instead.

These are general guides, not legal advice — always confirm current rules with your state agency or employer HR before making a decision.