Parental leave in United States (2026)

Last reviewed: 7 November 2026

In short: Eligible employees can take up to 12 workweeks of unpaid job-protected FMLA leave in 12 months for the birth of a child and care of the newborn, and both parents are covered. Leave is unpaid, although earned paid leave can be used, and the employee returns to the same or an equivalent job. Only employees with 12 months of service, 1,250 hours and a worksite of 50 or more employees within 75 miles are eligible.

RuleWhat applies
Maternity leaveTaking parental leaveAn expectant mother can take unpaid FMLA leave for incapacity due to pregnancy, for prenatal care, and for her own serious health condition after the birth. This leave counts towards the single 12-workweek FMLA limit. [1]
Paternity leaveTaking parental leaveBoth parents are entitled to FMLA leave for the birth of their child and to bond with a healthy newborn, within the 12 months after the birth. Spouses who work for the same employer can be limited to a combined 12 weeks for the birth and the care of the child. [1]
Parental leaveTaking parental leaveLeave for the birth of a child and care of the newborn is part of a total of 12 workweeks in any 12-month period. The employer chooses how the 12-month period is counted: calendar year, a fixed leave year, forward from the first leave, or a rolling period measured backward. [2]
Pay during leaveTaking parental leaveFederal FMLA leave is unpaid. An employee can substitute paid leave that they have earned or accrued, and group health benefits must be maintained during the leave as if the employee had kept working. [3]
Job protectionTaking parental leaveOn return from FMLA leave, an employee is entitled to the same position or an equivalent one with equivalent benefits, pay and other terms and conditions, even if the employee was replaced or the position was restructured. [4]

Notes

  • Only eligible employees are covered: at least 12 months with the employer, at least 1,250 hours worked in the previous 12 months, and a worksite with 50 or more employees of the employer within 75 miles (29 CFR 825.110).
  • This page covers the federal FMLA only. 29 CFR 825.120 refers to state laws that can allow bonding leave beyond the federal period.
  • An employee has no greater right to reinstatement than if continuously employed: for example, an employee laid off during the leave has no right to be restored (29 CFR 825.216).

Sources

  1. US Government Publishing Office / National Archives (eCFR): 29 CFR § 825.120 Leave for pregnancy or birth. (consulted 7 November 2026) · all sources
  2. US Government Publishing Office / National Archives (eCFR): 29 CFR § 825.200 Amount of leave. (consulted 7 November 2026) · all sources
  3. US Government Publishing Office / National Archives (eCFR): 29 CFR § 825.100 The Family and Medical Leave Act. (consulted 7 November 2026) · all sources
  4. US Government Publishing Office / National Archives (eCFR): 29 CFR § 825.214 Employee right to reinstatement. (consulted 7 November 2026) · all sources

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General information, not legal advice. Rules change: check the official source before you fly or ride.