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Family leave for a new baby: your options

FMLA job protection, who qualifies, state paid family leave, employer leave and short-term disability, pumping rights and making a leave plan.

Quick answer

If you qualify, the federal FMLA gives up to 12 weeks of unpaid, job-protected leave for a new baby, for either parent; generally your employer has 50 or more employees nearby and you’ve worked there 12 months and about 1,250 hours. A growing number of states offer paid family leave. Ask HR about paid parental leave or short-term disability, and give notice early. Most employees have the right to pumping breaks for a year after birth.

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Your checklist

  • Check FMLA eligibility
  • Check your state’s paid leave program
  • Ask HR about paid leave or disability
  • Give notice early
  • Know pumping and pregnancy rights
  • Write down your leave plan

Rather read it? Here’s the whole thing.

Three pieces

Leave usually combines job protection, pay, and your employer’s policies.

FMLA (job protection)

The federal Family and Medical Leave Act gives eligible employees up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child, for either parent. Your health insurance continues on the same terms. Generally you qualify if your employer has 50 or more employees within 75 miles and you’ve worked there at least 12 months and 1,250 hours in the past year.

State paid leave (pay)

A growing number of states run paid family leave programs that replace part of your wages. Some states also have their own job-protection laws covering smaller employers. Check your state’s program.

Employer benefits

Ask HR about paid parental leave, short-term disability for recovery after birth, and how benefits work together. Give notice as early as you can, ideally 30 days ahead when the timing is foreseeable.

Rights at work

  • Most employees have the right to reasonable break time and a private place, other than a bathroom, to pump breast milk for one year after birth.
  • Pregnant workers can ask for reasonable accommodations.

Make a plan

Write down your leave dates, which pay sources apply, and your return date. Keep copies of forms.

Official sources, and where to look

To find your local office, search for:

  • [your state] paid family leave
  • FMLA eligibility checklist

Pick sites that end in .gov. Official forms are almost always free.

Common questions

Can dads or partners take family leave?

Yes. FMLA and many state programs cover either parent, including adoptive and foster parents. More ›

Can I be fired for taking FMLA leave?

It’s illegal to retaliate against you for taking FMLA leave you qualify for. Keep records and get advice if it happens. More ›

Is maternity leave paid in the US?

There’s no federal paid leave requirement. FMLA is unpaid. Pay may come from your state’s paid leave program, your employer, or short-term disability. More ›

How do I know if I qualify for FMLA?

Generally if your employer has 50 or more employees within 75 miles and you’ve worked there 12 months and about 1,250 hours in the past year. More ›

Which states have paid family leave?

A growing number of states run paid family leave programs. Check your state labor department’s website for the current list and rules. More ›

Can both parents take FMLA at the same time?

Usually yes, each eligible parent can take up to 12 weeks. If both work for the same employer, the total may be limited. More ›

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Not yet reviewed by an expert. Last checked 2026-10-29. This is general help, not legal, medical or professional advice. Rules are different in every state.