A Guide to Parental Leave in the US – Maternity and Paternity Leave Rules by State

As of 2024, the following federal laws govern parental leave in the United States:

1. Family and Medical Leave Act (FMLA)
   • Overview: The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons, including the birth and care of a newborn, adoption, or foster care placement of a child.
   • Eligibility: To qualify, employees must have worked for their employer for at least 12 months and have logged at least 1,250 hours of work over the past year. The employer must also have 50 or more employees within a 75-mile radius.
   • Job Protection: The FMLA guarantees that employees can return to their original job or an equivalent position with the same pay, benefits, and working conditions after their leave.
   • Benefits: While the FMLA does not require paid leave, it ensures that health insurance coverage continues under the same terms as if the employee had not taken leave.
2. Paid Parental Leave for Federal Employees
   • Overview: Federal employees are entitled to 12 weeks of paid parental leave following the birth, adoption, or foster placement of a child, under the Federal Employee Paid Leave Act (FEPLA). This paid leave is available to eligible federal employees who qualify for FMLA leave.
   • Eligibility: The same eligibility criteria apply as under the FMLA, including the requirement that the employee must have worked for at least 12 months.
3. Penalties for Non-Compliance
   • Civil Penalties: Employers who violate federal parental leave laws may face civil penalties, including payment of back wages, reinstatement of employees, and compensation for lost benefits.
   • Criminal Penalties: Willful violations of the FMLA can lead to criminal prosecution, with penalties including fines and imprisonment.