Can You Get Social Security Disability Benefits for Pregnancy and Maternity Leave?

Social Security won't pay benefits for pregnancy, but some states have disability and paid leave programs that will.

By , J.D. UC Berkeley School of Law
Updated by Bethany K. Laurence, Attorney UC Law San Francisco
Updated 10/17/2025

Some people are under the mistaken impression that Social Security pays benefits to employees who are out of work temporarily due to pregnancy and childbirth. Although Social Security offers disability benefits, they're only available for long-term disabilities. To get Social Security disability benefits, you must be disabled, and your disability must be expected to last for at least a year (or result in death).

Pregnancy and childbirth don't qualify for Social Security disability benefits unless:

  • giving birth causes you to develop a long-term disability, or
  • your child is born with a disability (and qualifies for Supplemental Security Income disability benefits).

But that doesn't mean that maternity benefits and time off aren't available to expectant mothers. Whether you can get disability benefits when pregnant depends on your location and specific circumstances. Some states offer benefits for short-term disabilities, including high-risk pregnancies, pregnancy complications, and recovery from childbirth. Your employer might also have a short-term disability benefits program. A growing number of states have added paid family and medical leave programs, which can be used when you can't work due to pregnancy or childbirth.

Here's what you need to know about collecting disability benefits for maternity leave.

When Do You Qualify for Pregnancy Disability Benefits?

Whether you can get disability benefits for pregnancy depends on where you live and work. A handful of states have state-mandated programs that pay short-term disability benefits for pregnancy when it prevents someone from working. Some employers also offer company-sponsored insurance that covers pregnancy.

What Types of Pregnancy Complications Qualify for Disability?

High-risk pregnancy disability benefits are available in states with short-term disability or medical leave benefits, as discussed below.

Pregnancies without complications generally qualify for two to four weeks before delivery and six weeks after childbirth, but you may qualify for additional time after giving birth if you have a C-section or post-partum depression. Pregnancy-related disabilities that may qualify for extra time off during pregnancy include:

  • severe morning sickness
  • gestational diabetes
  • preeclampsia
  • placenta previa
  • cervical insufficiency
  • multiple pregnancies (twin or triplets), or
  • health conditions requiring bed rest.

Applying for State Pregnancy Disability Insurance Programs

You might qualify for benefits if you're temporarily unable to work due to a short-term disability—including pregnancy complications or a high-risk pregnancy—and you live in one of the following states:

These state-mandated and state-sponsored benefits are generally paid from state funds that come from payroll taxes. The programs are similar, but some aspects will vary from state to state, including:

  • how much your disability benefits will be, and
  • how long you can get disability for pregnancy.

To take advantage of one of these state disability programs covering pregnancy, you must:

  • live and/or work in one of the states listed above
  • file a claim for disability benefits for pregnancy, and
  • present a statement from a doctor that supports your claim.

If your pregnancy disability claim is approved, you'll receive a percentage of your usual wages while you're unable to work. Depending on the state, your benefits could range from about 55% up to 90% of your average weekly wages, up to a maximum benefit amount.

Getting Disability Benefits for Pregnancy From an Insurance Policy

Your employer might have purchased short-term disability insurance for employees. Many of these policies include disability benefits covering pregnancy. If you're covered by such a program, contact your employer's HR department or benefits provider to find out about the policy terms, including eligibility rules and benefit amounts.

You can also buy an individual disability insurance policy specifically for pregnancy. Learn more about how these pregnancy disability policies work.

(Learn more about short-term disability benefits.)

A number of states have added paid leave programs that cover both family leave and medical leave (including time off related to pregnancy and childbirth):

These states' medical leave benefits are similar to the short-term disability benefits provided by other states, though they have a different name.

And Vermont has a voluntary paid family and medical leave plan. Employers can choose to cover medical and family leave or only cover family leave (and not medical leave) if they choose.

State laws on paid maternity, paternity, and medical leave are evolving. Three more state-mandated paid leave programs will begin paying maternity benefits on claims starting in 2026:

And in Maryland, paid maternity leave will be available starting in 2028.

Most of these programs also provide parental leave benefits once you're able to return to work. The lone exception is Hawaii, which does have a short-term disability program but doesn't have a paid family or parental leave program. But all the new state-sponsored medical leave programs also include paid family leave (see below).

Paid parental leave benefits are similar to those allowed for disability leave, but they pay benefits for a different number of weeks.

Taking Time Off Work for Pregnancy and Parenting

Whether or not you can get disability or paid time off, some employees have the right to take leave for pregnancy, childbirth, and parenting. The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees in larger companies the right to time off for their own serious health conditions (including pregnancy) and for parenting, among other things. (Learn how to qualify for leave under FMLA rules.)

Under the FMLA, you can take up to a total of 12 weeks of unpaid leave during a 12-month period. You might be able to use any paid leave you have accrued through your employer's leave plan (like vacation time, sick days, ETO, or PTO) while you're off work, but FMLA doesn't give you the right to be paid otherwise.

A number of states also provide unpaid time off for pregnancy and parenting. Some states have pregnancy disability leave laws, which require employers to allow employees to take unpaid time off while they're temporarily unable to work due to pregnancy and childbirth. Some states also have laws similar to the FMLA, which allow new parents to take unpaid time off and to be reinstated to their jobs when they return. And several states' paid family and medical leave programs protect your job when you're on leave, without the need for a separate law like the FMLA to provide job protection.

To find out about your state's laws, check out our page on state maternity and parental leave laws.

New Paid Leave Laws for Time Off for Childbirth or Bonding

As to time off for parenting and bonding with a new child, a growing number of states have added paid family leave laws over the past several years. For instance, California's paid family leave program offers up to 8 weeks of paid family leave to bond with a new child. Colorado's program offers eligible employees 12 weeks of paid leave. Connecticut, D.C., New Jersey, New York, Oregon, and Washington also provide 12 weeks of paid leave, while Massachusetts offers up to 26 weeks of paid leave (combined medical and family leave), and Rhode Island offers just 6 weeks of paid leave. Vermont's voluntary family leave plan provides 6 to 26 weeks of paid leave, depending on which plan the employer chooses.

Delaware, Maine, and Maryland will start providing paid family and parenting leave when their benefits become available in 2026. And when Minnesota's program starts in 2028, it will also provide paid family leave.

Read our article on paid family and pregnancy leave for more details.

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