FAQ's
Employing a US worker
Get answers to your questions and take the first step toward US business expansion.
How long is the US maternity leave for employees?
There is no federal paid maternity leave in the US. Instead, the Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child. Any pay during that time depends on the employer’s policy or a state programme.
The FMLA applies to employers with 50 or more employees within 75 miles. Employees qualify after 12 months’ service and 1,250 hours worked in the previous year. The employer must keep their job open and maintain their health insurance, but there is no requirement to pay them.
Many states go further. A growing number, including California, New York, New Jersey, Washington, Massachusetts and Colorado, run paid family leave programmes funded through payroll contributions. Washington DC’s own family leave law covers employers with 20 or more employees. Separately, the Pregnant Workers Fairness Act requires employers with 15 or more employees to make reasonable accommodations for pregnancy. Find out more in our article on the FMLA and state paid family leave.
Paid family leave by state (2026)
These states run their own paid family leave programmes. They are funded through payroll contributions and replace part of an employee’s wages while they bond with a new child. Rules depend on where the employee works, which matters if your US team is remote and spread across states.
State | Paid family leave for a new child (up to) | Notes |
California | 8 weeks | Paid Family Leave; disability insurance covers recovery from birth |
Colorado | 12 weeks | Extra weeks for pregnancy complications |
Connecticut | 12 weeks | CT Paid Leave |
Delaware | 12 weeks | Benefits began 1 January 2026 |
Maine | 12 weeks | Benefits began 1 May 2026 |
Massachusetts | 12 weeks | Up to 26 weeks combined family and medical leave |
Minnesota | 12 weeks | Benefits began 1 January 2026; up to 20 weeks combined |
New Jersey | 12 weeks | Family Leave Insurance; disability insurance covers recovery |
New York | 12 weeks | Paid Family Leave; disability benefits cover recovery |
Oregon | 12 weeks | Paid Leave Oregon |
Rhode Island | 8 weeks | Temporary Caregiver Insurance; rose from 7 weeks in 2026 |
Washington | 12 weeks | Up to 16 weeks combined, 18 with pregnancy complications |
Washington DC | 12 weeks | DC Paid Family Leave |
Maryland’s programme starts paying benefits in January 2028. Sources: Labor Law by State and Epstein Becker Green. Check each state’s official programme page before you set a policy.
Pregnancy and family leave is one of the benefits international employers most often get wrong. Our Employer of Record service handles state leave programmes for your US employees.
Frequently Asked Questions: US Maternity Leave
How long is maternity leave in the US?
There is no set length. The Family and Medical Leave Act gives eligible employees up to 12 weeks of unpaid, job-protected leave after a birth or adoption. State paid family leave programmes may pay for part of that time, usually up to 12 weeks, and employers can offer more as a benefit.
Is maternity leave paid in the US?
Not under federal law. Pay depends on the employer’s policy and the state where the employee works. Twelve states and Washington DC run paid family leave programmes that replace part of an employee’s wages. Some states also pay short-term disability benefits for recovery from childbirth, before family leave begins, as in California and New York.
What are maternity rights in the USA?
Eligible employees can take up to 12 weeks of unpaid, job-protected FMLA leave and keep their health insurance. The Pregnant Workers Fairness Act requires employers with 15 or more staff to make reasonable accommodations. Pregnancy discrimination is illegal under federal law. Paid leave depends on the state and the employer.
Do fathers get paternity leave in the US?
Fathers and partners have the same FMLA right to up to 12 weeks of unpaid, job-protected leave after a birth or adoption, if they meet the eligibility rules. State paid family leave programmes cover bonding leave for all parents, so a father in New York or California can receive partial pay too.
Which employers must offer FMLA leave?
Private employers with 50 or more employees within 75 miles of the worksite. For remote staff, the worksite is usually the office they report to or receive work from. Employees must have worked for the employer for 12 months and at least 1,250 hours in the previous year before the leave starts.
How can Foothold America help your business hire employees in the USA?
If you’re thinking of exploring the US market, you’re going to need to hire American employees at some point. On this page, you’ll find the answers to frequently asked questions relating to employing a worker in the USA. Explore questions such as how you can employ staff overseas, why probationary periods are rarely used, and how you can make the hiring process straightforward using Foothold America solutions. If you have any other questions for us about employing a worker in the USA, please feel free to get in contact with us here.
Only the best for you and your team
At Foothold America, we offer top-notch service for you and your team. Our core services include:
Employer of Record Service (EOR)
Our Employer of Record Service offers a turn-key, cost-effective solution for your company to have a legitimate US presence with US employees anywhere in the country in as little as one week without the cost and complexity of setting up a US entity.
PEO+ Cross-Border Support™
Our full PEO+ Service goes beyond traditional PEO offerings. From tailored implementation assistance to smooth onboarding for first-time hires or transitions from other hiring models, we help you manage your US entity and people operations. This service is a great option for international businesses looking to conquer the US market with absolute peace of mind.
People Partnership Service (PPS)
We’ve created our People Partnership Service (PPS) to help you navigate the process of setting up your US entity, becoming the Employer of Record (the direct employer), onboarding US employees, and managing the complex operational and HR processes of doing business in America.
Exclusive Talent Acquisition (ETA)
Businesses around the world partner with Foothold America and save thousands of dollars on their US hiring costs. With our ETA service, you can find and hire the best employees compliantly and competitively. We make it easy and affordable for you to hire the right candidate at the right time and at the right cost.
Entity Setup
Establishing a legal entity in the US brings enormous potential for growth – and a unique set of challenges and complications. Partnering with Foothold America for your US entity setup ensures smooth and compliant incorporation in your chosen state – all whilst cutting through layers of bureaucracy and giving your company the freedom to concentrate on its larger business objectives.
GET IN TOUCH
Contact Us
Request a quote, talk with our US expansion experts or ask any questions. We will get back to you via email in less than 24 hours.
SERVICES
ABOUT US
RESOURCES
TOOLS
CONTACT
OFFICES
Boston, USA (HQ)
Tampa, USA
London, UK
Puechmontard, France
