Maternity Leave
Definition
Maternity leave is time off work taken by someone who is pregnant or has just given birth, to cover prenatal care, delivery and physical recovery, and often time with a new baby.
In the United States, “maternity leave” is an everyday phrase, not a single legal benefit. There is no federal right to paid maternity leave. What people call maternity leave is usually a combination of unpaid job-protected leave, state benefits, disability insurance and whatever paid time an employer chooses to offer.
For surrogates, the distinction matters. The leave that covers pregnancy, birth and recovery generally applies to anyone who gives birth. The leave that covers bonding with the baby belongs to the child’s parents.
Related terms you’ll see
| Term | What it usually means | Applies to a surrogate? |
|---|---|---|
| Parental leave | Leave for any parent after a birth, adoption or placement | Generally no; the intended parents take it |
| Bonding leave | Time to care for and get to know a new child | Generally no; the baby goes home with the intended parents |
| Medical leave | Leave for your own serious health condition, which includes pregnancy | Yes, if eligible |
| Pregnancy disability leave | Leave while a doctor says you can’t work because of pregnancy or childbirth | Yes, if eligible |
| Short-term disability | Insurance that replaces part of your pay while you can’t work | Often, depending on the policy |
| Paid family and medical leave (PFML) | A state insurance program paying partial wages during leave | Usually the medical part only |
Employers and states use these words inconsistently. Always check what a specific policy actually covers, not what it is called.
How maternity leave works in the US
Most people piece together leave from up to four sources. Each has its own eligibility rules, and they often run at the same time rather than back to back.
| Source | Paid? | Who qualifies | What it covers |
|---|---|---|---|
| Family and Medical Leave Act (FMLA) | No, unpaid but job-protected | Employees with 12+ months and 1,250+ hours at an employer with 50+ employees within 75 miles; all public employers are covered | Up to 12 workweeks a year, including prenatal care, pregnancy complications and recovery from childbirth; health insurance continues |
| Pregnant Workers Fairness Act (PWFA) | No, unless the employer pays | Employees at employers with 15+ workers; no minimum time on the job | Reasonable accommodations, which can include time off for appointments and recovery |
| State paid family and medical leave | Partly; replaces a share of wages | Workers covered by a state program | Paid time off for your own serious health condition, including pregnancy and childbirth |
| Short-term disability insurance | Partly | Depends on the policy (employer, private or state) | Income while a doctor certifies you can’t work, commonly around six weeks after a vaginal birth and eight after a C-section |
On top of these, many employers offer their own paid maternity or parental leave. Policies vary widely, and some now name gestational surrogates explicitly.
States with paid leave for your own health condition. As of October 2026, mandatory programs exist in California, Colorado, Connecticut, Delaware, Hawaii, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island and Washington, plus Washington, DC and Puerto Rico (Mercer). Maryland and Virginia have programs coming in the next few years. Several other states allow employers to buy voluntary family leave insurance.
The state where you work decides which program applies, not where your employer is based.
Maternity leave and surrogacy
A gestational surrogate is still a pregnant employee. Leave tied to pregnancy, delivery and recovery generally applies to her the same way it applies to anyone who gives birth. Under the FMLA, any period you can’t work for medical reasons before or after childbirth, including prenatal care and recovery, can count as leave for a serious health condition (U.S. Department of Labor).
Bonding leave is different. It exists for a child’s parents, and after a surrogacy birth that means the intended parents. So a surrogate can usually take medical leave for her own pregnancy and recovery, but not parental or bonding leave for the baby.
Most surrogates’ leave is unpaid or only partly paid. That is why surrogacy agreements usually address lost wages separately from workplace benefits. The two are different systems, and one doesn’t replace the other.
For a full walkthrough of what to ask your employer, how to plan around FMLA eligibility and how lost-wage reimbursement typically works, read our guide: Do surrogates get maternity leave?
Quick reference
| Question | Short answer |
|---|---|
| Is maternity leave paid in the US? | Not by federal law; pay comes from state programs, disability insurance or your employer |
| How long is FMLA leave? | Up to 12 workweeks a year, unpaid and job-protected |
| Can a surrogate take FMLA leave? | Yes, for her own pregnancy, delivery and recovery, if she meets FMLA eligibility |
| Can a surrogate take bonding leave? | Generally no; that belongs to the intended parents |
| Does a surrogacy contract replace maternity leave? | No; lost-wage reimbursement is separate from workplace leave |
See also: Gestational carrier (GC) · Intended parent (IP) · Do surrogates get maternity leave?
This entry is general information, not legal advice. Leave rights depend on your employer, your state and your specific situation.