Nyx Robey

The Puzzle of Paid Parental Leave

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6 min read

Clara, as I mentioned in week 6, there are only 7 states that provide separate disability-related leave for childbirth by state law.

Can licensed providers (OBGYNs and potentially NPs or Midwives) make a case for disability leave in other states? Yes, but it’s not a right. Providers can document the need, but it doesn’t guarantee paid leave, and the length will still depend on state laws, employer policy, eligibility for a public leave program, or private insurance if applicable1. This also means that leave is subject to biases—personal, systemic, and financial—including for-profit insurance practices and inequities built into local policy or employer culture. (There’s a whole other conversation—maybe a future post—about leave after miscarriage or stillbirth.)

California, New York, and New Jersey also provide paid family leave for bonding separately from pregnancy-related disability leave2.

Aside from these, 14 states plus the District of Columbia have implemented (or are phasing in) mandatory paid family and medical leave programs3:
CA, NJ, NY, RI, DC, MA, CT, OR, CO, DE, ME, MD, MN, WA.

Some other states offer state disability insurance (SDI) (e.g., Hawaii, New Mexico, New York, New Jersey)4, which can help cover pregnancy-related disability, but do not offer paid family bonding leave. States/territories like HI, NM, PR, AK offer only temporary disability insurance (TDI) or limited paid sick leave5.

Our country may be pro-baby, but it’s often not pro-parent. And to be truly pro-baby, you must be pro-mother and pro-parent. Importantly, family leave needs to cover non-birth parents, adoptions, and surrogacy. Most state paid family leave programs do include those categories6.

Summary Table: U.S. State Leave Landscape

Leave Type Number of States/Territories Examples
Paid Family & Medical Leave (PFML) 14 + DC CA, NY, NJ, MA, WA, CO, CT, etc.
State Disability Only ~3–4 states/territories HI, NM, PR
Unpaid Leave Only (FMLA & state) Most others TX, FL, GA, etc.

Most states rely on unpaid job-protected leave under the federal FMLA, which offers up to 12 weeks unpaid leave with job protection—but only if you qualify7.

Key States: Paid Leave Policy Overview (2025)

State Leave Type Typical Pregnancy/Disability Leave Weeks Paid Family Leave Total Typical Weeks (Birthing Parent) Other Parent Weeks Max Weekly Cap (2025) Notes
CA Separate 4 weeks prenatal + 6–8 weeks postpartum8 Up to 8 weeks 18–20 weeks Up to 8 $1,681/week9 Tiered benefit (70–90%); can extend disability to 52 weeks with medical certification
CO Combined – Up to 12 weeks Up to 12 weeks Up to 12 TBD Additional 4 weeks for complications possible10
CT Combined – Up to 12 weeks Up to 12 weeks Up to 12 $981/week Benefit = 95% up to 40× min wage + 60% of rest11
DE Combined – Up to 12 weeks Up to 12 weeks Up to 12 TBD Effective in 202612
DC Combined – Up to 12 weeks Up to 12 weeks Up to 12 Not stated Includes prenatal leave13
ME Combined – Up to 12 weeks Up to 12 weeks Up to 12 TBD Effective 202614
MD Combined – Up to 12 weeks Up to 12 weeks Up to 12 TBD Begins 202615
MA Combined – Up to 12 weeks Up to 12 weeks Up to 12 $1,170.64/week Benefit = up to 80%, flat cap16
MN Combined – Up to 12 weeks Up to 12 weeks Up to 12 TBD Effective 202617
NJ Separate 6–8 weeks postpartum18 Up to 12 weeks 18–20 weeks Up to 12 $1,081/week19 SDI = 70% AWW; separate TDI & PFL
NY Separate 4 weeks prenatal + 6–8 weeks postpartum20 Up to 12 weeks 16–20 weeks Up to 12 ~$1,100/week21 Separate disability + family; prenatal leave often personal
OR Combined – Up to 12 weeks Up to 12 weeks Up to 12 Not stated Extra 2 weeks if recently pregnant22
RI Combined ~4 weeks childbirth-related23 Up to 12 weeks Up to 12 weeks Up to 12 Not stated Combines family & medical into 12
WA Combined – Up to 12 weeks 16 weeks standard24 (18 with complications) Up to 12 $1,542/week25 Combined max = 16–18; ~90% replacement

Analysis Highlights

  • Highest cap: California offers the highest maximum weekly cap at $1,681/week, but only for high earners. Most workers get significantly less9.
  • Best predictability: Massachusetts offers a flat cap and up to 80% wage replacement, which can be more generous for lower-income workers16.
  • Longest duration: California, New Jersey, and New York all allow longer leave for birthing parents, especially when prenatal disability is included.
  • First in the nation: California’s State Disability Insurance program started in 1946, with Paid Family Leave added in 2004—making it the oldest such program in the U.S.8

If you’re lucky, your employer might also provide paid parental leave. Large firms—like my former employer, Accenture Federal—offer 8 weeks disability + 8 weeks bonding = 16 weeks paid. That’s more than most states. Small employers often can’t afford to do this without state or federal support.

Other countries? They blow us out of the water.

By the time you read this, I hope our country improves. Paid leave shouldn’t be a privilege—it should be a given.

Footnotes

  1. U.S. Department of Labor. “Fact Sheet #28: The Family and Medical Leave Act.” https://www.dol.gov/agencies/whd/fact-sheets/28-fmla
  2. California EDD. “Disability Insurance and Paid Family Leave.” https://edd.ca.gov
  3. National Partnership for Women & Families. “State Paid Family and Medical Leave Insurance Laws.” https://www.nationalpartnership.org/our-work/resources/economic-justice/paid-leave/state-paid-family-leave-laws.pdf
  4. New York State Paid Family Leave. https://paidfamilyleave.ny.gov
  5. U.S. Department of Labor. “Temporary Disability Insurance Program.” https://oui.doleta.gov/unemploy/pdf/uilawcompar/2020/disability.pdf
  6. U.S. Department of Labor. “Paid Family and Medical Leave Factsheet.” https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/PaidLeave.pdf
  7. U.S. Department of Labor. “FMLA General Guidance.” https://www.dol.gov/agencies/whd/fmla
  8. California EDD. “Disability Insurance – Pregnancy.” https://edd.ca.gov/disability/di-pregnancy.htm
  9. California EDD. “State Disability Insurance Weekly Benefit Amounts.” https://edd.ca.gov/disability/di-benefit-amounts.htm
  10. Colorado FAMLI Division. https://famli.colorado.gov
  11. Connecticut Paid Leave Authority. https://ctpaidleave.org/s/
  12. Delaware Department of Labor. https://labor.delaware.gov/divisions/pfl/
  13. DC Paid Family Leave. https://does.dc.gov/page/dc-paid-family-leave
  14. Maine Paid Family and Medical Leave. https://www.maine.gov/labor/pfml/
  15. Maryland Department of Labor. https://www.dllr.state.md.us/paidleave/
  16. Massachusetts Paid Family and Medical Leave. https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-benefits-guide
  17. Minnesota Frontline Worker Resources. https://mn.gov/deed/programs-services/paid-family-medical-leave/
  18. NJ Temporary Disability Benefits. https://www.myleavebenefits.nj.gov
  19. NJ Paid Family Leave. https://myleavebenefits.nj.gov/labor/myleavebenefits/worker/tdi/
  20. NY State Disability Benefits Law. https://paidfamilyleave.ny.gov/disability-benefits
  21. NY PFL Benefits. https://paidfamilyleave.ny.gov/benefits
  22. Oregon Paid Leave. https://paidleave.oregon.gov
  23. Rhode Island TDI/TCI Program. https://dlt.ri.gov/tdi
  24. Washington Paid Family and Medical Leave. https://paidleave.wa.gov
  25. WA Paid Leave Premiums and Benefits. https://paidleave.wa.gov/employer-costs/

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