Short-Term Disability, Paid Family Leave, and Pregnancy Leave Laws

Depending on your state, you might qualify for paid medical leave to take care of a new child.

By , Attorney Seattle University School of Law
Updated by Bethany K. Laurence, Attorney UC Law San Francisco
Updated 5/03/2024

Family and medical leave—also called maternity, paternity, and parental leave—allows employees to take time off from work to care for a new child (biological, adopted, or fostered) without having to worry about losing their jobs. Family leave can be private (provided by the company) or public (provided by the state or federal government). It can be paid or unpaid. The benefits provided by the different types of leave often overlap.

What Do Federal Pregnancy Leave Laws Provide?

Several federal laws protect your job when you return from pregnancy-related leave, but they don't provide paid benefits.

A federal law called the Family and Medical Leave Act (FMLA) allows employees to take up to 12 weeks of unpaid leave for pregnancy and bonding with a new child.

Not all employees are covered by the FMLA. To be eligible for FMLA leave, you must:

  • work for a covered employer (private employers with more than 50 employees, public agencies, schools)
  • work at a location where your employer has 50 or more employees within 75 miles
  • have worked for your employer for at least 12 months (the months don't have to be in a row), and
  • have worked at least 1,250 hours in the 12 months before you take leave.

Note that if you work from home as a remote worker, your home doesn't need to be within 75 miles of where 50 other employees work.

Many states offer their own version of family and medical leave that's more generous than the federal law (see below). If you're employed in one of these states, you're entitled to greater benefits than allowed under federal law.

People taking leave due to pregnancy and childbirth enjoy additional protection under the Pregnancy Discrimination Act (PDA). The PDA prevents employers with at least fifteen employees from making employment-related decisions based on the employee's pregnancy. If you were passed over for a promotion at work and you can show that your employer's decision was based on the time you took off for childbirth, you could have a claim under the PDA.

And the 2023 Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations for employees who need them due to pregnancy, childbirth, and related conditions. Under the PWFA, reasonable accommodations can include taking leave or time off work when it's medically necessary.

What About State Pregnancy Leave Laws?

States can choose to provide more benefits than the federal laws. Some states, like California, have FMLA-like laws that protect your job during unpaid leave but:

  • expand the kinds of employees who are eligible for leave
  • allow employees to take more leave, or
  • cover more family members than federal laws.

About a dozen states (and the District of Columbia) have laws establishing paid family leave for employees so they can bond with their new child. Many of these states also offer short-term disability benefits for pregnancy and childbirth, either as a separate temporary disability program or as part of the paid family leave program. To qualify for these benefits, you must meet certain eligibility requirements, like earning a minimum amount in the past year. We'll detail the rules for these states' paid leave programs below.

Private short-term disability insurance, state family leave, and federal unpaid family leave provide different benefits (and can overlap).

Can I Get Paid Short-Term Disability for Pregnancy or Maternity Leave?

Some states provide publicly funded short-term paid disability benefits for pregnant employees, in addition to parental leave for bonding with a new child. These state programs usually require you to show that you can't work because of your pregnancy, and the agencies that administer them will want a note from your doctor saying that you can't work. (Read our article on these state short-term disability programs.)

If your state doesn't provide short-term paid disability, your employer might offer private short-term disability insurance as a benefit. Pregnancy, childbirth, and any complications are usually covered under these policies. Private disability insurance providers generally pay you a percentage of your income while you're on leave. The exact percentage varies by provider and plan. (Read our article on these employer-provided short-term disability insurance.)

If you live in a state with public short-term disability benefits and you also have a private disability policy, your private insurer might pay out a smaller benefit than it would if you didn't also have the state policy, depending on how much the state contributes.

How Long Do Paid Short-Term Disability Benefits for Pregnancy Last?

The standard for pregnancy leave is two weeks prior to delivery and six weeks after. But the duration will vary depending on your state, your private insurance policy, and any complications arising from your pregnancy.

In some cases, once your paid disability leave runs out, you're entitled to take up to 12 unpaid weeks under the FMLA. Depending on your state, you might be eligible for additional paid leave as well.

Which States Have Paid Family Leave or Short-Term Disability Programs for Pregnancy?

As of the date of this publication, about a dozen states currently offer paid family and medical leave. In those states, if your employer doesn't offer short-term disability insurance, you might qualify for one of the state's leave programs. The following states offer paid short-term disability benefits for pregnancy or paid family leave to take care of a new child.

California

California offers two paid short-term disability programs for new parents.

  • Short-term disability insurance. Available for a pregnant person four weeks before the expected delivery date and up to six weeks after the delivery (eight if a Cesarean section was performed). You can qualify if you've lost wages and your doctor confirms you can't do your regular job duties.
  • Family leave program. Offers up to eight weeks of paid family leave to bond with a new child. The benefit amount is between 60%-70% of your weekly wage. You're eligible if you've earned at least $300 in the year before taking leave.

For more information, see our articles on California's short-term disability and family leave laws.

Colorado

Colorado has a new state-run program called Paid Family and Medical Leave Insurance (FAMLI). The program became effective on January 1, 2024 and pays about 90% of your weekly wage, up to a maximum benefit of $1,100 per week.

It offers eligible employees up to 12 weeks of paid leave. Those who experience pregnancy or childbirth complications can qualify for an additional four weeks. Learn more about taking maternity or paternity leave in Colorado.

Connecticut

Connecticut provides up to 12 weeks of paid leave for employees who have met certain earnings requirements (at least $2,325 within a specific timeframe) and who've worked in Connecticut for at least 12 weeks before taking leave. The benefit amount is based on the percentage of your earnings that exceeds minimum wage but is capped at $941.40 per week (60 x the state minimum wage). Learn more about paid family and medical leave in Connecticut.

D.C.

The District of Columbia provides paid family leave to all employees who've spent more than 50% of their time working in DC (including teleworking or telecommuting) at least 12 months before taking leave. The Paid Leave Act provides up to:

  • 2 weeks of prenatal leave
  • 12 weeks to bond with a new child
  • 12 weeks to care for a family member with a serious health condition, and
  • 12 weeks to care for your own serious health condition.

The benefit amount depends on your average weekly wage, but the maximum available is $1,118 per week (indexed to inflation). For more information, see our article on parental leave laws in the District of Columbia.

Delaware

Employees in Delaware will be able to take paid leave starting on January 1, 2026 as a result of the Healthy Delaware Families Act, signed into law on May 10, 2022. The Act provides for up to 12 weeks per year of paid leave to care for a child during the first year after the child's birth, adoption, or foster placement.

The benefit will provide up to 80% wage replacement (as much as $900 per week) for people who've worked at least 1,250 hours in the previous year for a Delaware employer. Learn more about taking time off during pregnancy in Delaware.

Hawaii

Hawaii has a Temporary Disability Insurance (TDI) law requiring that large private employers provide short-term disability benefits for pregnancy. To be eligible for TDI, you need a doctor's note stating that you can't work while pregnant. You also need to meet all of the following eligibility requirements:

  • You've worked in Hawaii for at least 14 weeks (doesn't have to be in a row or with the same employer).
  • You were paid for 20 hours or more during each of those weeks.
  • You earned at least $400 in the year before taking leave.
  • You must be employed immediately or no longer than two weeks before becoming unable to work due to pregnancy.

The benefit is 58% of your average weekly wage, up to $798 per week, for a maximum of 26 weeks. For more information, see our article on Hawaii's TDI benefits.

Maine

Starting May 1, 2026, most employees in Maine will be able to take paid family leave under a new paid family and medical leave law. To be eligible for paid leave, all of the following must be true:

  • You work for an employer that has at least 15 employees at your permanent worksite.
  • You've worked for your employer for at least 12 months before your leave starts.
  • You've earned at least 6 times the state average weekly wage (SAWW) in the last year.

You can use a total of 12 weeks of paid leave per 12-month period for medical reasons, like when you can't work due to pregnancy, and for family reasons, like bonding with a new child (by birth, adoption, or foster placement).

The benefit amount is based on your earnings and the SAWW, up to the maximum of $1,104 per week. Learn more about the benefits available for new parents in Maine.

Maryland

Paid leave will be available in Maryland beginning on January 1, 2026, under the state's Time to Care Act which created the Family and Medical Leave Insurance (FAMLI) program. The program will provide paid family leave of up to 12 weeks to care for a new child.

The benefit will be available for people who've worked at least 680 hours in the year before taking leave. The exact amount of the benefit is calculated from percentages of both your average weekly earnings and the statewide average, but the maximum you can receive is $1,000 per week, indexed to inflation. Learn more about your maternity and parental leave rights in Maryland.

Massachusetts

Employees in Massachusetts are eligible for up to 26 weeks of paid leave per year (combined medical and family leave). For pregnancy and childbirth, you can take up to 20 weeks of medical leave if a health care provider certifies that your condition prevents you from working. Parents and legal guardians can take up to 12 weeks of paid family leave to bond with a new child.

The earnings requirement to qualify for this benefit is at least $6,000 per year (as of 2024), and the earnings must be 30 times the benefit amount. The benefit amount is calculated from percentages of both your average weekly earnings and the statewide average, but the maximum you can receive is $1,149.90 per week. Learn more about Massachusetts' paid family and medical leave benefits.

Minnesota

Minnesota's new paid family and medical leave program will begin on January 1, 2026. Most employees in the state will be eligible to participate after earning more than about $3,500 in the state in a year. Benefits will be paid from a state fund financed by employer and employee contributions (through payroll deduction).

Benefit amounts will be calculated using a rather complex formula based on your average weekly earnings as compared to the state's average weekly earnings. The maximum weekly benefit allowed equals the state average weekly earnings.

Minnesota's paid leave program will provide up to 12 weeks of medical leave or family leave per year for a single qualifying event. You can use up to 20 weeks of combined medical and family leave if you have more than one qualifying event in the same claim year.

For example, let's say you take medical leave for the last two weeks of your pregnancy and for six weeks while you recover from childbirth. You'd still have 12 weeks available that year for another reason, like bonding with your new baby or caring for a sick family member. Learn more about Minnesota's family leave laws.

New Jersey

New Jersey has two paid leave programs for new parents:

  • Temporary disability for pregnancy is available up to four weeks before the expected delivery date and up to six weeks after birth (eight for a Cesarean delivery). You can qualify if you've stopped working and your doctor certifies that you can't work.
  • Family leave insurance offers 12 continuous weeks, or 8 intermittent weeks, of paid time to bond with a new child. You must claim these benefits before your child's first birthday.

For 2024, you must have earned $283 per week for 20 weeks, or $14,200 in a year, to qualify for these programs. The benefit can be as much as 85% of your average weekly earnings up to a maximum amount ($1,055 for 2024). For more information, see our article on New Jersey Short-Term Disability and Pregnancy.

New York

New York has two paid leave programs available to new parents.

  • Disability benefits. If you're pregnant, you're eligible for disability benefits for four weeks before your due date and six weeks after giving birth (eight weeks if you delivered by C-section). Only the birth mother is eligible to receive disability benefits for the period immediately after giving birth.
  • Paid family leave. Any parent can take up to 12 weeks to bond with their newborn, adopted, or foster child at 67% of their average weekly wage. The maximum weekly amount is equal to the state's average weekly wage. In 2024, it's 1,151.16 per week.

Your combined total of disability leave and paid family leave can't be more than 26 weeks in any one-year period. To qualify for these NY programs, you must have worked full-time for 26 weeks for a single employer or worked part-time for 175 days. Learn more about New York's paid family leave benefits.

Oregon

Oregonians can take 12 weeks of paid leave to bond with a child after birth, adoption, or foster placement. You can take an additional two weeks of paid leave for pregnancy or childbirth. The program is available to anyone who's earned $1,000 in the year before taking leave.

The benefit amount is calculated based on a combination of your average earnings and the average earnings in the state. Low-wage workers can get up to 100% of their average weekly earnings. The minimum benefit amount is $63.48 per week, and the maximum is $1,523 per week (in 2024). These figures will increase in July 2024. Learn more about Oregon's maternity and parental leave laws.

Rhode Island

Under Rhode Island's Temporary Caregiver Insurance Program, new parents can receive up to six weeks of paid leave at 60% of their average weekly wage. Rhode Island also has a Temporary Disability Insurance program you can take advantage of if your doctor certifies that you can't work during pregnancy.

To be eligible for these RI programs, you must have earned at least $15,600 in a year. If you haven't, you can still qualify for these programs under a more complicated earnings calculation.

Both benefit programs pay 60% of your average weekly wage, taken from the three-month period with your highest earnings. In 2024, the maximum weekly benefit amount is $1,043 (and up to $1,408 with five or more dependents). Learn more about Rhode Island's paid family leave benefits.

Vermont

Vermont's new paid leave program is optional. For companies and self-employed people who opt in, the Vermont Family and Medical Leave Insurance Plan (VT-FMLI) will pay 60% of the employee's weekly wage for up to six weeks of paid leave for the birth or adoption of a child.

The paid leave program is being phased in as follows:

  • As of July 1, 2023, State of Vermont government employees were covered under the law.
  • On July 1, 2024, Vermont-based employers with at least two employees can opt in to the plan.
  • On July 1, 2025, companies with one employee and self-employed people will be able to join the plan.

Employers can also choose to provide only a family leave program, which provides benefits for bonding with a new child or taking care of a family member, but not for childbirth or your own medical condition. Learn more about the Vermont paid leave program.

Washington

The State of Washington offers paid family leave for employees who have worked at least 820 hours (16 hours per week on average) during a qualifying period (a one-year period before taking leave). If you qualify, you can receive up to:

  • 12 weeks of family leave to bond with a new child
  • 16 weeks of combined medical and family leave for pregnancy or to recover from childbirth and bonding time with your new baby, or
  • 18 weeks of combined medical and family leave for pregnancy and childbirth if you've had complications or a C-section and to bond with your new child.

The benefit amount can be up to 90% of your average weekly pay, with a maximum of $1,456 per week (in 2024). You can read more about Washington's paid family leave here.

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