LeaveCalc / Guides / All states

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.