Maternity Leave Policy & Laws (+ Free Templates)

In the United States, 1 in 5 women will experience pregnancy-related complications during their lifetimes. These can include issues with breastfeeding, postpartum depression and other long term risks of prolonged labor or delivery. Policies like paid maternity leave are a matter for debate but could help reduce these consequences.

The “maternity leave policy template” is a free document that can be used to help companies create their own maternity leave policies. The document provides templates for the employee handbook, company policy, and employee benefits.

Employers with 50 or more workers must offer new and adoptive mothers with up to 12 weeks of unpaid leave to care for themselves and their babies under the federal Family and Medical Leave Act (FMLA). Despite the fact that the FMLA only compels employers to provide unpaid leave, some companies opt to provide compensated maternity leave. Furthermore, some jurisdictions mandate paid maternity leave, and even if your state does not, establishing a maternity leave policy is a smart business practice to guarantee you retain excellent staff and avoid future lawsuits.

You may use one of our policy templates to construct your own maternity leave policy. This will guarantee that you are in compliance with the law and that your staff have written evidence.

Template for Paid Maternity Leave

Template for an Unpaid Maternity Leave Policy

Maternity Leave Laws in Different States

State laws might be more stringent than federal law, so check to see what your state has to offer. California and Oregon, for example, both have paid sick leave regulations that may be used during maternity leave. From the drop-down menu, choose your state:

Choose a state California Colorado Connecticut The District of Columbia is located in the United States of America (D.C.) Hawaii Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Minnesota Montana New Hampshire is a state in the United States. is a state in the United States. New Jersey is a state in the United States. is a state in the United States. New York is a city in the United States. Oregon Rhode Island is a state in the United States. is a state in the United States. Tennessee Vermont Washington

California

Employers with five or more employees must offer qualified employees with up to 12 weeks of unpaid, job-protected leave during a 12-month period under the California Family Rights Act (CFRA) for certain qualifying circumstances.

Colorado

The state of Colorado now offers qualified workers with up to 480 hours of FMLA leave and up to 40 hours of state family medical leave based on a “rolling” 12-month period counted backward from the day an employee first takes FMLA leave.

Connecticut

Employees in Connecticut have the ability to take up to 16 weeks off in any 24-month period for a severe health condition, which includes pregnancy, under the Connecticut Family Medical Leave Act (CFMLA). The CFMLA, on the other hand, only applies to companies with at least 75 workers. Employees are only eligible for leave if they have worked for the company for at least a year and 1,000 hours in the 12 months leading up to their leave.

The District of Columbia is located in the United States of America (D.C.)

Employers with at least 20 workers in Washington, D.C. are required to enable qualified employees to take up to 16 weeks of family leave and 16 weeks of medical leave in each 24-month period. To be eligible, employees must have worked at least 1,000 hours in the previous 12 months.

Hawaii

Employers in Hawaii must let workers who have worked for at least six months to take four weeks of unpaid leave due to pregnancy, delivery, or other similar ailments if they have worked for at least six months. All working women are eligible, regardless of the size of their organization.

Iowa

Employers with at least four workers in Iowa are required to enable qualified employees to take time off for incapacity due to pregnancy, delivery, or other similar circumstances. Unless the employee has another right to sick leave, disability leave, or time off, the employer must enable the employee to take leave for the time they are unable to work (up to eight weeks).

Kansas

Employees having at least 180 days of past work with the state of Kansas are entitled for eight weeks of paid leave (at 100% of their income) to care for and bond with their infant.

Kentucky

Employees in Kentucky may take up to 12 weeks off in a 12-month period to connect with a new kid.

Louisiana

Employers with more than 25 workers in Louisiana are required to provide qualified employees with time off for incapacity due to pregnancy, delivery, or other similar circumstances. Employers must give up to six weeks of paid time off for normal pregnancy and delivery, and up to four months of paid time off for more physically demanding pregnancies.

Maine

Employers with more than 15 workers in Maine must provide up to 10 weeks of paid time off to qualified employees for the birth or adoption of a child during a two-year period.

Maryland

Employees in Maryland are entitled to six weeks of unpaid leave to care for a newborn child.

Massachusetts

Employers with at least six workers in Massachusetts are required to provide qualified employees with up to eight weeks off for the birth or adoption of a child.

Minnesota

Employers with at least 21 workers in Minnesota must provide qualified employees up to 12 weeks off for prenatal care, pregnancy, delivery, and bonding with a new kid. Biological and adoptive parents may take bonding leave, but it must be taken within 12 months of the child’s birth or adoption. The employee must have worked at least half-time for the business for the previous 12 months in order to be eligible for leave.

Montana

Employees in Montana must be allowed to take a reasonable leave of absence for pregnancy. Employees have the right to be returned to the same or similar employment unless the employer’s circumstances have changed so drastically that this is impossible or unfair.

New Hampshire

Employers in New Hampshire with at least six workers must enable employees with disabilities linked to pregnancy, childbirth, or similar circumstances to take time off work. Employees are entitled to be reinstated to the same or a similar job when they are able to return to work, unless this is impossible or unjustified due to business need.

New Jersey

Employers with at least 30 employees in New Jersey must provide their employees up to 12 weeks of paid leave in a 24-month period to connect with a kid. To be qualified, the employee must have worked for the firm for at least one year.

New York

Employers in the state of New York are required to give workers with up to 12 weeks of paid family leave to care for a newborn child. Employees are eligible for paid leave after working a total of 20 hours per week for a period of 26 weeks.

Oregon

Organizations with more than 25 workers in Oregon are required to follow state maternity leave requirements. Employees must also have worked for at least 90 days to be eligible, and the statute includes childbirth or adoption, prenatal care, and pregnant disability. Employees are allowed to take up to 12 weeks of pregnant disability leave in addition to 12 weeks of maternity leave (up to 24 weeks total in one year). When both parents work for the same company, the employer may only provide one parent leave at a time.

Rhode Island

The state of Rhode Island operates a temporary disability insurance program that is supported by payroll deductions. Employees who are unable to work due to a temporary disability (including pregnancy and maternity leave) are eligible for up to 30 weeks of partial salary replacement. In addition, Rhode Island provides up to 13 weeks of leave, compared to the FMLA’s 12 weeks. Employers with 50 or more workers are required to join.

Tennessee

Employers in Tennessee must provide eligible workers up to four months off for pregnancy, delivery, nursing a baby, and/or adoption if they have at least 100 employees at the same employment location.

Vermont

Employers with ten or more workers in Vermont are required to give time off to qualified employees for pregnancy, delivery, or adoption of a child under the age of sixteen. In a 12-month period, they may take up to 12 weeks of family and medical leave.

Vermont passed a legislation in 2014 that allows workers to seek flexible working arrangements up to twice a year. A change in work hours (for example, to start and finish work later), working from home, changing the amount of hours or days an employee works, or task sharing might all be part of such an agreement.

Washington

The Washington state-run Paid Family and Medical Leave program allows up to 12 weeks of paid leave for bonding with a baby. Employers may provide paid family and medical leave benefits via the state-run program or through the purchase of a voluntary private plan that meets or exceeds the state’s minimal standards.

Employee HR software like Zenefits makes it simple to add leave policies to your employee handbook, assuring compliance with state legislation, and allowing workers to electronically sign any relevant corporate papers. Employees may complete their onboarding process fully online using Zenefits, including signing offer letters and policies, filing up tax forms, and enrolling in benefits before their first day.

Visit Zenefits for more information.

When Is Maternity Leave Necessary?

The size of your firm and the location of your business are two major criteria that influence whether you are compelled to give maternity leave.

Companies with more than 50 employees are affected by the FMLA.

If your company has 50 or more workers, the federal Family and Medical Leave Act (FMLA), which is part of the federal labor regulations, must be followed. Businesses must give up to 12 weeks of unpaid maternity leave under the FMLA. There is no federal legislation forcing you to give maternity leave if you have less than 50 workers.

Companies with more than 15 employees are affected under the Pregnancy Discrimination Act.

Even if your firm is too small to provide maternity leave (fewer than 50 workers), if you have 15 or more employees, you must follow the federal Pregnancy Discrimination Act. Discrimination based on pregnancy, delivery, and associated medical circumstances is prohibited under this law. If you enable other handicapped workers to work from home, for example, you must also allow your pregnant employee to work from home.

Your State Is Affected by New Parental Leave Requirements

While there is no federal legislation mandating parental leave for enterprises with less than 50 workers, your state may have extra regulations that you must follow.

It also relies on what you’ve done before. If your time off policy stipulates that you offer maternity leave, or if another mother was given work flexibility, such as the ability to work from home, you must follow that precedence.

Providing paid maternity leave is a terrific way to set yourself apart from the competition and keep your top employees. When you consider the expense of recruiting and training a new employee, a paid maternity policy may make financial sense for your company.

Maternity Stages That Businesses Should Be Aware Of

There are three stages of pregnancy that each have their own set of rules that businesses must follow:

When an employee works while pregnant, this is referred to as the “pregnancy period.”
When parents take time from work to prepare for, birth, and care for their infant.
After the birth of their kid, the new mother returns to work for the first time.

Employee Working While Pregnant (Phase 1)

When you have a pregnant employee, Title VII of the Civil Rights Act of 1964, which contains the Pregnancy Discrimination Act (PDA), applies. Businesses with 15 or more workers are also covered, however we encourage that all employers adopt the recommendations as a best practice.

Discrimination against workers and applicants on the basis of “pregnancy, childbirth, and associated medical problems” is prohibited by the PDA. For example, if you previously granted leave for an employee with a temporary handicap such as a broken limb or cancer, you’ll need to give your pregnant employee with the same amount of time off and/or flexibility.

The Americans with Disabilities Act (ADA), which applies to any company with 15 or more workers, provides further protection to pregnant employees. Similar to any other employee with a disability or special need, the ADA mandates that reasonable accommodations be given for the employee to execute their work effectively. For example, the business may need to provide pregnant staff with light duty, alternate assignments, disability leave, or unpaid leave.

The following are some instances of reasonable accommodations:

If the expecting woman is experiencing back discomfort, a lumbar support cushion should be provided.
Allowing them to sit in a chair (for occupations that ordinarily involve standing) so that they do not have to stand for long periods of time.
If they wish it, they may take longer breaks for morning sickness or to use the toilet.

Keep in mind that new hires are just as protected by federal anti-discrimination laws as workers who have worked for you for ten years. Even if your employee is new, they should be treated the same as the rest of the team. They will not be eligible for FMLA leave until they have worked for you for one year.

Employee on Maternity Leave (Phase 2)

You must enable new mothers to take unpaid maternity leave (up to 12 weeks) while ensuring that they will have a job when they return, either in the same or a comparable role, if you are a private business with 50 or more full-time workers. If you have less than 50 full-time workers, however, you are not required to give maternity leave under federal law.

You must also maintain group health insurance coverage, and the time away from work cannot be counted as an absence.

Employee Returning to Work (Phase 3)

There are rules in place to safeguard a new mother’s right to pump or express milk when she returns to work. Under a clause of the Patient Protection and Affordable Care Act, which includes labor standards such as minimum pay, breaks, and record-keeping, a breastfeeding woman who returns to work has the right to pump in the workplace. You must offer them with enough break time and a clean, private pumping area as the employer.

The following are some examples of suitable and unacceptable locations for a new mom to pump:

All employers, regardless of size, are obligated to comply with this regulation. If you have less than 50 workers and can show that an accommodation would cause your firm undue hardship, you may be excused. For example, if you need to perform construction on your job site to create a separate chamber for pumping, that is considered undue hardship. The US Breastfeeding Committee has further information about how to comply with the legislation.

Terminating Employees Who Are Pregnant

If you need to fire a pregnant employee, keep detailed records of any performance difficulties so you can defend yourself in the event they file a lawsuit for wrongful termination. However, we encourage that you speak with an attorney.

Providing counseling and training on their job performance, as well as continuing to record performance difficulties, would be a preferable alternative. Then, if the problems persist after their maternity leave is complete, consider waiting (at least six months) after they have returned to work before deciding whether or not to fire them. Always keep track of performance assessment meetings, coaching sessions, and training sessions, and consult with an attorney before acting.

If you employ less than 50 people, you have no need to ensure that your pregnant employee will have a job when they return to work. If you have a policy requiring you to give maternity leave or allowing other handicapped employees to take a lengthy leave of absence, you must follow that policy and precedent.

Policy Options for Maternity Leave

Here are some alternatives for tailoring your company’s maternity leave policy. To assist your business and actually care for your people fairly and affordably while building a fantastic corporate culture, we propose a mix of these.

Provide Unpaid Maternity Time: Consider providing a specific length of unpaid leave, such as 12 weeks, or leave that is up to the employee and merely states that the person may take “up to 16 weeks,” which is the most that small firms often provide.
Allow new mums to work from home after they are well enough and have exhausted their paid or unpaid leave. Maintain contact with the new mother, as her desire to work from home may change once the baby comes. You may also need to supply them with work-from-home gear like a smartphone, internet access, and a computer.
Allow for Flexible Scheduling: Allow for a flexible work environment and schedule, such as part-time employment or fewer, longer days in addition to normal hours. Consider allowing the new mom to come in as soon as she is able after the birth.
Provide Short-Term Disability Insurance: You may add short-term disability insurance to your benefits package at the cost of the employee. This is a fantastic benefit for workers who appreciate their families, and it comes at no expense to you as the employer.
Offer Paid Maternity Leave: Paid maternity leave is becoming more common. This paid time off might be granted as a percentage or as a fixed amount for a certain number of weeks.

Managing Your Maternity Insurance

After you’ve finished writing your maternity leave policy, provide it to your staff and have them sign and date it.

Make sure you adhere to the following general guidelines:

Include language regarding your maternity policy in your employee handbook.
In their personnel files, make a note of their acceptance of the policy.
Keep in mind that there are rules in your state and federal laws that require you to follow whatever policies you have in place.

Conclusion

It’s critical that your company has a maternity leave policy in place, whether paid or unpaid, so that your staff are aware of what you have to offer. Remember that having a maternity leave policy may help your small company stand out in your sector or neighborhood. It also contributes to a great brand image for the organization and aids in the retention of excellent staff.

The “paid maternity leave policy” is a document that contains the legal requirements for paid maternity leave. It also has templates of what to include in your policy.

Related Tags

sample maternity leave policy for small business
maternity leave policy pdf
maternity leave policy shrm
nonprofit maternity leave policy
what is a good maternity leave policy