Maternity Leave: Key Guidelines and Rights

Maternity leave marks a new chapter for growing families and their workplaces. As expectations around work and caregiving evolve, so do the policies that shape this critical time. For you and your employees, clarity and transparency around maternity leave can ease transitions and strengthen your company culture.

This guide covers the latest legal entitlements for maternity leave in 2025 and the application process. It also outlines how you can support your teams during this time.

Understanding Maternity Leave Rights in 2025

Expectant employees encounter a mix of federal policies and employer-specific maternity leave rules in 2025. At the federal level, the cornerstone remains the Family and Medical Leave Act (FMLA), which entitles your employees to up to 12 weeks of job-protected leave for childbirth or bonding. However, there are some caveats:

• Qualification Limits: The FMLA only applies if your business has 50 or more employees within a 75-mile radius and the employee has worked at least 1,250 hours over the past 12 months.

• Unpaid Leave: Under the FMLA, the job is protected, but the leave is unpaid. It can surprise first-time parents who were expecting more financial support.

Paid maternity leave isn’t a federal requirement in the U.S. However, an increasing number of states are updating their regulations, taking cues from countries with paid maternity leave. For maternity leave 2025, 13 states (including California and New York) have passed legislation to create state-mandated paid family leave programs. These programs provide partial wage replacement during maternity leave. Still, benefits and eligibility vary widely.

If you have employees in multiple states, keep track of each state’s maternity leave time and rights. It's essential to avoid gaps in coverage and accidental noncompliance. In addition to legal requirements, some companies voluntarily offer:

• Short-term Disability Insurance: The benefits cover six to eight weeks of leave at a partial wage.

• Employer-paid Parental Leave: The benefits may start before or after state benefits, depending on how they’re structured.

Businesses offering some form of paid maternity leave are experiencing stronger employee retention and improved morale. Even a parental leave policy with partial pay can help reduce financial stress and ease an employee’s return to work.

Remember, there may also be federal maternity leave rights in addition to those provided by the FMLA. The Pregnancy Discrimination Act ensures that pregnancy-related conditions (e.g., post-partum depression or complications from birth) get the same treatment as other medical conditions in terms of leave and accommodations. Under the Americans with Disabilities Act, certain pregnancy complications may qualify for reasonable workplace accommodations.

How to Apply for Maternity Leave

Applying for maternity leave in 2025 shouldn’t feel like navigating a maze. A simple, well-communicated process makes all the difference. Here’s a step-by-step breakdown that balances planning and support:

1. Review Eligibility

Start by verifying the employee’s eligibility under your paid leave programs and any applicable laws.

• FMLA: Verify that the employee has worked at least 1,250 hours over the past 12 months and that your company meets the 50-employee threshold.

• State Laws: Some states have paid family leave with different eligibility rules and requirements. Verify what applies based on your business location or the employee's workplace. For instance, according to New York’s Parental Leave Law, you must provide employees with 20 hours of paid parental leave within 52 weeks.

2. Ask for Advance Notice

Employees should give at least 30 days’ notice before their maternity leave begins, if it's foreseeable (such as a pregnancy due date). Encourage open communication from the start to plan for adequate coverage and support.

3. Make it a Formal Request

Implement a straightforward process for requesting maternity leave time in writing. It could be through an internal HR system or email. Make sure the request includes:

• Anticipated start date

• Estimated return date

• Any medical documentation (if required)

4. Confirm Documentation Requirements

Depending on the type of maternity leave in 2025, you may request medical certification from the employee’s healthcare provider. For FMLA, this is standard. State programs or short-term disability may require additional paperwork. Offer guidance on what to submit and when.

5. Coordinate Paid and Unpaid Leave

If you offer short-term disability or a parental leave policy, clarify how these benefits align with unpaid FMLA or state benefits. Clearly outline the details so employees know what to expect.

6. Finalize the Leave Agreement

Upon approval, share a written summary that outlines:

• Approved maternity leave time and dates

• Pay and benefit coverage during leave

• Job protection and maternity leave rights

• Contact expectations, if any, while away

7. Devise a Plan for Reentry

Before your employee’s maternity leave time begins, discuss the return-to-work process. For example, a plan outlining gradual reentry or flexible scheduling helps alleviate stress and streamline the process.

Employer Responsibilities During Maternity Leave

Supporting your employees on maternity leave goes beyond approving time off. Legally, you must:

• Protect the employee’s job under the FMLA or applicable state law.

• Continue benefits (such as health insurance) on the same terms as active employees.

• Avoid discrimination or retaliation, including missed promotions or performance penalties tied to maternity leave.

• Refrain from pressuring an employee to check in or return early.

• Clearly define how leave affects eligibility for a bonus if it's tied to hours worked.

• Treat maternity leave as a business continuity issue and plan transitions in advance to create a smooth return experience.

Maternity Leave vs. Parental Leave

Maternity leave typically refers to time off for birth mothers to recover from childbirth and bond with their baby. Parental leave is broader and applies to all parents, including fathers and adoptive parents.

Some employers bundle maternity and parental leave under a single parental leave policy, while others may separate them by eligibility or duration. Either way, offering inclusive leave policies signals support for all types of families, not just birth mothers.

Supporting Employees During Maternity Leave

Maternity leave is an opportunity for you to demonstrate to employees that they’re valued. Start by helping them prepare for a smooth transition and respect their time away. When they return, offer empathy and a clear reentry plan.

Consider training your managers on how to communicate supportively and legally. The goal is to make maternity leave feel like a regular part of the employee experience, rather than a disruption or burden.

How Justworks Supports Maternity Leave in 2025

Maternity leave is a defining moment for employees. However, many small businesses struggle with staying compliant while delivering a thoughtful experience. Justworks' Professional Employer Organization (PEO) simplifies HR tasks and compliance management. The dynamic software offers 24/7 expert support and access to high-quality employee benefits in one place, so you can focus on creating a culture where new parents feel supported. Get started with Justworks today.