1. Federal Family and Medical Leave Act (FMLA)
FMLA is a federal law that provides up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, including childbirth and bonding with a new child.
FMLA leave can be used for:
Childbirth and recovery following pregnancy
Bonding with a new child, including after birth, adoption, or foster placement
Caring for a spouse, child, or parent with a serious health condition
An employee’s own serious health condition that makes them unable to perform their job
Certain military family reasons, such as caregiving or deployment-related needs
While on approved FMLA leave:
- Your job is protected
- Your group health insurance continues under the same terms as if you were working
FMLA is unpaid, but it often runs at the same time as:
- State-paid medical and family leave (in certain states)
- Short-Term Disability (STD)
- Employer-provided paid leave
- PTO
FMLA Eligibility
- You have worked for the employer for at least 12 months (not necessarily in a row)
- You worked 1,250 hours in the past 12 months
If you do not qualify for FMLA, you may still be eligible for:
- State-paid medical and family leave (in certain states)
- Short-Term Disability (STD)
- Employer leave policies
Health Insurance During FMLA
During approved FMLA leave:
- Medical, dental, and vision coverage continues
- You remain responsible for employee premium contributions
- Optional benefits (such as life insurance) may require continued payment
Missing required contributions can result in coverage interruptions.
2. Is FMLA paid?
No. FMLA itself is always unpaid.
Income during leave may come from:
- State Paid Family & Medical Leave programs (if your state has one)
- Short-Term Disability (for birthing parents)
- Employer-provided paid or partially paid leave
- Accrued PTO.
Understanding FMLA & Maternity/Parental Leave in the U.S. (2026)
This guide explains how maternity and parental leave works in the U.S. in 2026. It covers:
- Federal FMLA job protection
- State paid family leave (where available)
- Short-Term Disability (STD) for childbirth
- How these pieces typically fit together
There is no single national maternity leave program in the U.S. Most employees use a combination of the options below.
3. Short-Term Disability (STD)
What STD Covers
Short-term disability provides income replacement when leave is taken for a medical condition, including pregnancy and childbirth.
What’s disability insurance? It protects your ability to earn a living. If you get too sick or injured to work, it replaces a portion of your income so you can pay your bills.
Disability is more common than you may think: about 5% of working Americans experience a short-term disability each year, and most don’t originate at work, so they aren’t covered by workers' compensation.
Typical STD rules:
- Requires medical certification
- Usually runs at the same time as FMLA
STD is only available to birthing employees because it is tied to medical recovery.
How to apply:
Questions? Contact Guardian: 1-888-482-7342
Pregnancy Complications
If there are pregnancy-related medical complications:
- Additional time off may be covered by STD
- Duration depends on medical documentation and, in some cases, state law
4. How Maternity & Parental Leave Typically Fits Together
In the U.S., maternity and parental leave is usually a layered structure, not a single benefit:
- FMLA → job protection (unpaid)
- STD → income during medical recovery after birth
- State paid leave → income replacement in certain states
- Employer policies/PTO → may supplement unpaid time
The exact mix depends on:
- Whether the employee is a birthing or non-birthing parent
- State of employment
- Eligibility for FMLA and STD
- Employer-provided benefits
5. How Pay Works During Maternity Leave
Pay depends on your state, employer policy, and benefit eligibility.
| Scenario | How Pay Works |
|---|---|
| Unpaid leave | No wages processed; apply for STD and/or state benefits |
| Partial pay or top-up | Employer pays part of salary; may appear as “Supplemental” |
| Fully paid leave | Employer pays full salary; STD and state benefits usually not used |
Employers must share their leave policy details to ensure correct payroll processing.
6. When to Request Leave
Maternity or parental leave should be requested in the Remote platform at least two months before the planned start date.
7. States With Paid Family & Medical Leave (2026)
In the states below, government-funded programs provide wage replacement and typically run concurrently with FMLA.
| State | 2026 Law | 2026 Max Weekly Benefit | Max Duration | Application Link |
|---|---|---|---|---|
| California | PFL | $1,765.00 | 8 weeks | Apply Here |
| Colorado | FAMLI | $1,381.45 | 12-16 weeks | Apply Here |
| Connecticut | CTPL | $1,016.40 | 12-14 weeks | Apply Here |
| Delaware | PFML | $900.00 | 12 weeks | Apply Here |
| Maine | PFML | $1,198.84* | 12 weeks | Apply Here |
| Massachusetts | PFML | $1,230.39 | 12-26 weeks | Apply Here |
| Minnesota | PFML | $1,423.00 | 12-20 weeks | Apply Here |
| New Jersey | FLI | $1,119.00 | 12 weeks | Apply Here |
| New York | PFL | $1,228.53 | 12 weeks | Apply Here |
| Oregon | Paid Leave OR | $1,636.56 | 12-14 weeks | Apply Here |
| Rhode Island | TCI | $1,103.00 | 4-6 weeks | Apply Here |
| Washington | PFML | $1,647.00 | 12-18 weeks | Apply Here |
| Wash., D.C. | PFL | $1,153.00 | 12 weeks | Apply Here |
Maine benefits begin May 1, 2026. Maryland FAMLI launches July 2026.
Weekly benefit caps are tied to the state average weekly wage and may change annually.
8. States With No State-Paid Family Leave
In these states, there is no government-run paid family leave program.
Leave relies on unpaid FMLA, short-term disability, PTO, or employer policies.
| Region | States |
|---|---|
| South | Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia |
| Midwest | Iowa, Illinois, Indiana, Kansas, Michigan, Missouri, North Dakota, Nebraska, Ohio, South Dakota, Wisconsin |
| West | Alaska, Arizona, Idaho, Montana, Nevada, New Mexico, Utah, Wyoming |
| Northeast | New Hampshire, Pennsylvania, Vermont |
| Special rule | Hawaii – up to 4 weeks of unpaid family leave for eligible employers |
9. How Pay Works in No-Benefit States
Birthing Employees
- Apply for Short-Term Disability (estimated 6–8 weeks at approximately 60–70% pay)
- Apply for FMLA for up to 12 weeks of job-protected leave
- The remaining weeks are unpaid unless PTO is used
Non-Birthing Parents
- FMLA bonding leave for up to 12 weeks unpaid leave
- STD does not apply
- Pay depends on PTO or employer-provided parental leave, if available.
How Leave Is Recorded in Remote
- Log into your Remote dashboard
- Navigate to Time-off
- Select Request Time Off.
- Choose the appropriate leave type
- Enter dates and details
- Upload supporting documentation
- Submit the request
Partial-day requests are allowed where applicable.
How to request time off on your mobile app
How to Cancel Time Off Requests on the mobile App
Family leave requests (maternity, paternity, and parental leave when requested in the platform) are unpaid by default.
Employees must apply for paid family leave directly through their state if it is available.
In unpaid family leave states, birthing employees may apply for short-term disability (STD), while non-birthing employees should follow state-specific PFML procedures.
11. Support and Questions
External employees can contact Remote’s Benefits team through live messaging for assistance with FMLA, STD, or state leave benefits. Internal Remote employees should contact their People Partner or email people-partners@remote.com.
Disclaimer: Please be advised that the information provided is for general guidance only and should not be considered legal advice. Clients are strongly encouraged to contact the Lifecycle - Time & Attendance team for expert guidance and assistance in navigating the intricate landscape of time off requirements in the United States. Consulting with our team is imperative to ensure compliance with local employment standards legislation and clearly understand the stipulated time off and attendance related requirements. Your proactive engagement with the Time & Attendance team is vital to making informed decisions and adhering to all relevant regulations.
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