Paid family leave: who gets paid time off after a baby

Paid leave can come from several places, and many parents piece together more than one. Here's how each works.

FMLA

The Family and Medical Leave Act lets eligible workers take up to 12 weeks of unpaid leave in a year to care for a new child. Your job, or an equal one, has to be held for you, and your health insurance continues.

You're usually eligible if:

• Your employer has at least 50 employees within 75 miles of your worksite
• You've worked there for at least 12 months
• You've worked at least 1,250 hours in the past year

Both parents can use FMLA, but spouses who work for the same employer may have to share 12 weeks. FMLA doesn't pay you, but you can often use paid sick days or vacation during that time.

State paid family leave programs

A number of states run programs that pay part of your wages while you’re out with a new baby. California, Colorado, Connecticut, Delaware, Maine, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington, and Washington, D.C. all pay benefits. Maryland and Virginia have passed laws but haven't started paying yet.

Payroll deductions usually fund these programs, and they usually:

• Replace a portion of your wages, often 60% to 90%, up to a weekly cap
• Offer several weeks of leave, often around 12
• Cover both birth and non-birth parents, including adoptive and foster parents
• Include some job protection, depending on the state

You usually apply through your state agency, not your employer, so check the rules and deadlines.

Short-term disability insurance

For the birthing parent, short-term disability insurance can cover part of your pay while you recover from childbirth. Many policies pay about 60% of your income for around six weeks after a vaginal birth and eight weeks after a C-section.

You may have this through work. You can also buy it on your own, but most policies won't cover a pregnancy that started before you bought the policy. A few states, including California, New Jersey, New York, Rhode Island, and Hawaii, have their own temporary disability programs.

Employer-paid leave

Some employers offer paid parental leave as a benefit, from a couple of weeks to several months. Federal government employees get up to 12 weeks of paid parental leave. Check your employee handbook or ask HR:

• How many weeks of paid leave do I get?
• Is it full pay or partial?
• Does it apply to both parents?
• Can I combine it with sick time, vacation, or state benefits?

Your rights at work during and after pregnancy

The Pregnant Workers Fairness Act requires most employers to make reasonable accommodations for pregnancy and recovery, like more breaks or time off for appointments. The PUMP Act gives most nursing workers break time and a private space other than a bathroom to pump milk for up to a year.

Combining leave options

A parent in a state with paid leave might use short-term disability for six weeks of recovery, then state bonding leave for several more weeks, with FMLA protecting their job the whole time. The rules for combining benefits vary, so work with HR and your state agency.