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.
Frequently Asked Questions: US Maternity Leave
How long is maternity leave in the US?
There is no set length. The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave, and state paid family leave programmes may pay for part of that time. 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. States such as California, New York, New Jersey, Washington and Massachusetts run paid family leave programmes that replace part of an employee’s wages.
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 are eligible. State paid family leave programmes generally cover them too.
Which employers must offer FMLA leave?
Private employers with 50 or more employees within 75 miles of the worksite. Employees must have worked there for 12 months and at least 1,250 hours in the previous year to qualify.
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.
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