Maternity Leave Guide 2026: How Long, When to Start, How Much You Get Paid

Leave Policy Overview

"How much leave do I actually get? How can I make the most of it?"

Parental leave seems straightforward, but there's more to it than meets the eye. Plan well, and you get more time with your baby; plan poorly, and you might miss out on benefits or harm your career.

Basic Leave Entitlements

For Birthing Parents

Leave Type	Duration	Paid?	Notes
FMLA	12 weeks	❌ Unpaid	Job protection only
Short-term disability	6-8 weeks	✅ Partial	If you have coverage
State paid leave	Varies	✅ Yes	CA, NY, NJ, etc.
Company policy	Varies	✅ Usually	Check your handbook
Accrued PTO	Varies	✅ Yes	Use it strategically

For Non-Birthing Parents

Leave Type	Duration	Paid?	Notes
FMLA	12 weeks	❌ Unpaid	Job protection only
State paid leave	Varies	✅ Yes	Where available
Company paternity	1-16 weeks	✅ Usually	Varies widely
Accrued PTO	Varies	✅ Yes	Supplement your leave

State Paid Family Leave Comparison

State	Wage Replacement	Duration
California	60-70%	8 weeks
New York	67%	12 weeks
New Jersey	85%	12 weeks
Washington	90%	12 weeks
Massachusetts	80%	12 weeks
Colorado	90%	12 weeks

Policies change; verify current regulations in your state

Leave Planning Strategies

Maximizing Birthing Parent Leave

Option 1: Standard Approach

Disability (6-8 weeks) + FMLA (remaining 4-6 weeks) = 12 weeks
About 3 months

Option 2: Extended Approach

Disability + Company leave + FMLA + PTO = 16-20+ weeks
About 4-5 months

Option 3: Flexible Approach (if company supports)

After leave ends, negotiate:
- Phased return
- Flexible hours
- Remote work options

Non-Birthing Parent: Strategic Leave Use

Best Timing:

Period	Suggested Leave	Reason
Birth day	Start paternity leave	Be there for the big moment
First 2 weeks	Continue leave	Critical bonding time
Partner's return to work	Use FMLA	Support the transition
Baby illness	Use remaining leave	Handle emergencies

What NOT to do:

❌ Save all leave for later
❌ Work remotely during paternity leave
❌ Take only a few days off

Understanding Your Pay

How Disability and Paid Leave Work

Payment Sources:

Short-term disability: Usually 50-70% of salary
State paid leave: 60-90% depending on state
Company "top-up": Some employers supplement to 100%

Calculation Example:

Salary: $5,000/month
STD at 60%: $3,000/month
Company top-up: $2,000/month (if offered)
Total during leave: $5,000/month

Key Points:

Check if company policy stacks with state leave
Understand waiting periods for disability
Some states require using employer benefits first

Paternity Leave Pay

Usually full pay if company-provided
State paid leave: partial wage replacement
FMLA alone: unpaid, job-protected only

Deep Dive: Common Questions

Q1: Can I start leave before my due date?

What's allowed:

Disability usually starts at birth (or complications)
FMLA can start before for prenatal appointments
PTO can be used anytime

Practical approach:

Doctor's note allows early leave if needed
Some take 1-2 weeks before due date
Check your company's policy

Recommendation:

Assess your physical condition
Talk to HR about options
Document any medical needs

Q2: Can I be fired during parental leave?

Legal Protection:

FMLA protects your job for 12 weeks
Cannot be retaliated against
Must be returned to same or equivalent position

But exceptions exist:

Company-wide layoffs
Position eliminated (must prove legitimate)
Performance issues documented before leave

Q3: Can I extend my leave?

Legitimate options:

Use accrued PTO
Request unpaid leave (FMLA extension)
Negotiate flexible return
Intermittent FMLA for appointments

How to approach it:

Communicate early with manager/HR
Explain your childcare needs
Propose solutions (part-time, remote)
Ensure smooth handoff

Q4: What if my employer won't approve paternity leave?

Know your rights: If covered by FMLA or state law, you're entitled to it

If you face resistance:

Document the conversation
Reference specific laws/policies
Escalate to HR leadership
File complaint with DOL if necessary

Q5: Does leave differ for second/third children?

Current policies:

FMLA: Same 12 weeks per 12-month period
Company leave: Check if repeatable
State leave: Usually same entitlements

Workplace Communication Strategies

When to Tell Your Employer

Recommended timing: After first trimester (12-14 weeks)

Discussion points:

Choose private setting with your manager
Share your due date and tentative plan
Express commitment to your work
Propose initial handoff ideas

Pre-Leave Handoff Checklist

Documentation:

People:

Designate your backup
Train your replacement/coverage
Brief on critical items
Establish communication plan

Returning from Leave

Before returning:

Connect with manager 1-2 weeks early
Catch up on major changes
Adjust your schedule gradually
Arrange childcare backup plans

Mental preparation:

Accept that things may have changed
Rebuild connections with colleagues
Find your new work-life balance
Don't feel guilty about either role

Practical Tools

Leave Calculator

Your Leave Timeline:

Due date: _______________

Leave start: _______________
Disability ends: _______________ (6-8 weeks postpartum)
State/company leave ends: _______________
FMLA ends: _______________ (12 weeks from start)
PTO available: _______________ days
Intermittent FMLA remaining: _______________ hours

Total leave possible: _______________ weeks

Income Planning Worksheet

Period	Income Source	% of Salary	Amount
Weeks 1-6	STD	___%	$_____
Weeks 7-12	State/Co. leave	___%	$_____
Weeks 13+	Unpaid/PTO	___%	$_____
Company top-up	Throughout	___%	$_____

Summary

For Birthing Parents:

Parental leave is your right—take it
Stack all available benefits strategically
Plan handoff to protect your career

For Non-Birthing Parents:

Paternity leave is increasingly expected
Your presence matters most in early weeks
Use FMLA strategically throughout the year

Use Baby Checklist to plan your parental leave, track important dates, and manage your to-dos!