US parental leave
How maternity leave pay works in 2026
The United States has no federal paid maternity leave. The Family and Medical Leave Act (FMLA) guarantees 12 weeks of unpaid, job-protected leave for eligible employees at companies with 50+ workers. Paid leave exists only through state programs, employer policies, or a combination of short-term disability insurance and PTO.
State paid family leave programs (2026)
Thirteen states plus Washington DC have active paid family leave programs. The benefit structure varies: some pay a flat percentage of wages, others use a tiered formula that replaces a higher percentage of lower wages. All programs have a weekly benefit cap.
| State | Rate | Max weekly (2026) | Paid weeks |
|---|---|---|---|
| California | 60-70% | $1,765 | 8 |
| New York | 67% | $1,229 | 12 |
| New Jersey | 85% | $1,055 | 12 |
| Washington | Up to 90% | $1,611 | 12 |
| Colorado | Up to 90% | $1,381 | 12 |
| Massachusetts | Up to 80% | $1,170 | 12 |
| Oregon | Up to 100% | $1,580 | 12 |
| Connecticut | Up to 95% | $981 | 12 |
2026 rates from individual state paid leave programs. Rates are approximate; tiered formulas apply in most states. Check your state's official program for exact figures.
Tax on maternity leave benefits
State paid family leave benefits are generally taxable at the federal level. California PFL is exempt from state tax but federally taxable. New York PFL is fully taxable at both levels. Employer-provided paid leave is taxed as regular wages with normal withholding. Plan for the tax impact — your leave income will be lower than your usual paycheck even before the replacement rate reduction. Use our paycheck calculator to model the take-home on your benefit amount.
Questions
Maternity leave pay FAQ
How much maternity pay do you get in the US?
There is no federal paid maternity leave in the US. The FMLA provides 12 weeks of unpaid, job-protected leave. However, 13 states plus DC have paid family leave programs that replace 60% to 90% of your wages during leave. California pays 60-70% of wages up to $1,765/week in 2026, New York pays 67% up to $1,228.53/week, and Colorado pays up to 90% of wages up to $1,381.45/week.
Is maternity leave pay taxable?
State paid family leave benefits are generally taxable as income at the federal level. California SDI/PFL benefits are not taxed by the state but are taxable federally. New York PFL benefits are subject to both federal and state income tax. Employer-provided paid leave is taxed as regular wages with normal withholding.
Which states have paid maternity leave in 2026?
As of 2026, 13 states plus DC have active paid family leave programs: California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington, and Washington DC. Several more states have programs enacted but not yet active.
How long is maternity leave in the US?
FMLA provides 12 weeks of unpaid leave for eligible employees at companies with 50 or more workers. State programs provide 4 to 12 weeks of paid leave on top of or alongside FMLA. Some employers offer additional paid leave beyond what the law requires. Total leave duration combining all sources can range from 6 weeks to 6 months or more.
Can I use PTO with FMLA leave?
Yes. Employers can require or employees can choose to use accrued PTO, sick days, or vacation concurrently with FMLA leave. This means you get paid during part of your FMLA leave using your banked time, but it runs down your PTO balance. Using PTO during FMLA does not extend the 12-week FMLA clock.
- Sources: U.S. DOL — FMLA (12 weeks unpaid) · CA EDD PFL 2026 rates · NY PFL 2026 rates · State paid family leave program pages · IRS guidance on PFL taxation.
- 🔄 Last updated July 25, 2026 · Tax year 2026
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