How Long is Maternity Leave?

If you’re a small business owner, chances are you’ve asked (or been asked), "How long is maternity leave?"

Between federal laws, state rules, paid vs. unpaid leave, and new programs rolling out, maternity leave is one of those topics that can easily confuse many. Business owners want to do the right thing for their employees, but they’re not always sure what’s required, what’s optional, and what’s coming next.

In this article, we’ll break it all down. You’ll learn what maternity leave is, how long leave typically lasts, what the federal rules say, and—most importantly—how Maine leave works today and what has changed. Our goal is to help you feel informed, confident, and supported as you navigate these decisions for your business and your team.

What is Maternity Leave?

Maternity leave is the time an employee takes off work for pregnancy, childbirth, and bonding with a new child. Traditionally, the term referred only to birthing mothers, but today it’s often discussed alongside parental leave or family leave, which can also apply to fathers, adoptive parents, and foster parents.

There’s one important thing to understand right away: there is no single, nationwide standard for maternity leave. How long maternity leave lasts—and whether it’s paid—depends on a mix of federal law, state law, and employer policy.

From a Maine maternity leave perspective, this means employees may qualify for job-protected unpaid leave under the Maine Family Medical Leave Requirements Act (MFMLRA), paid leave under Maine’s new PFML program, or both. Some employees may also use accrued paid time off or short-term disability benefits during their leave.

In other words, maternity leave is often a combination of different programs working together, not one simple rule.

Federal Laws on Maternity Leave

At the federal level, maternity leave is primarily governed by the Family and Medical Leave Act (FMLA). FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period.

FMLA applies to employers with 50 or more employees, as well as public agencies and schools. To be eligible, an employee must generally have worked for the employer for at least 12 months and logged at least 1,250 hours in the prior year.

While FMLA does not require paid leave, it does require job protection. This means the employee must be allowed to return to the same or an equivalent position, and group health benefits must continue during the leave.

It’s important to note that many small businesses are not covered by FMLA—which is where state laws, including Maine’s, become especially important.

Maine Maternity Leave Laws

Maine has its own maternity and family leave rules that go beyond federal law, and these rules have recently changed in a big way.

Current Unpaid Leave in Maine (MFMLRA)

Under the Maine Family and Medical Leave Requirements Act (MFMLRA), employers with 15 or more employees must provide eligible employees with up to 10 weeks of unpaid, job-protected leave within a two-year period.

To qualify, an employee must have worked for the employer for at least 12 consecutive months. This leave can be used for childbirth, adoption, or a serious health condition.

This law is often overlooked, especially by small and mid-sized businesses, but it’s a key piece of Maine maternity leave compliance today.

New Maine Paid Family and Medical Leave (PFML)

Beginning May 1, 2026, eligible employees in Maine can start receiving benefits from the Maine’s Paid Family and Medical Leave (PFML) program. This program will allow eligible employees to take up to 12 weeks of paid leave for bonding with a new child, their own serious health condition, caring for a family member, or certain military-related reasons.

The PFML program applies to all employers, regardless of size. A payroll tax is already in place to fund the program, with contributions coming from employees and/or employers. All employees earning wages in Maine must contribute a 0.5% payroll tax to help fund this program. Employers with more than 15 employees in any 20 weeks from October 1st to September 30th must also contribute a 0.5% payroll tax. Employers can choose to cover the employee portion but are not required to.

Benefits will replace a percentage of an employee’s wages, with lower earners receiving up to 90% of their pay (up to a certain cap). Importantly, PFML also provides job protection, meaning employees are entitled to return to their job after approved leave.

What About a Company's Maternity Leave Policy?

Even with federal and Maine laws in place, a company’s own maternity leave policy (or however a business decides to name it) still plays an important role. The law sets the minimum requirements, but employers are allowed to go beyond those rules if they choose.

A maternity leave policy helps set clear expectations for both employees and managers. It typically explains how employees request leave, whether PTO can be used during maternity leave, how benefits are handled, and how different types of leave—like unpaid leave, PFML, or short-term disability—work together. Without a written policy, businesses often find themselves answering the same questions over and over or handling similar situations differently, which can lead to confusion or frustration.

For Maine employers, now is a good time to review existing policies and make sure they align with current unpaid leave laws and the PFML program. A clear, well-written policy doesn’t just support compliance—it also helps employees feel supported and gives employers a consistent framework to follow.

FAQ's on Maternity Leave

Are small businesses required to offer maternity leave?

The short answer is sometimes. It depends on your business size and where you’re located.

At the federal level, the Family and Medical Leave Act (FMLA) only applies to employers with 50 or more employees, so many small businesses are not covered by federal maternity leave requirements. However, Maine has its own rules that go further than federal law.

In Maine, businesses with 15 or more employees are currently required to offer unpaid, job-protected leave under the Maine Family and Medical Leave Requirements Act (MFMLRA). This means eligible employees must be allowed to take time off for childbirth or adoption and return to their job afterward.

Maine’s Paid Family and Medical Leave (PFML) program is already being funded by a payroll tax. Starting May 1, 2026, employees will be eligible to begin receiving benefits. Even very small businesses will need to understand how PFML works and how to coordinate employee leave requests.

For small business owners, this is why state-specific guidance matters. Relying only on federal rules can leave gaps in compliance.

What is Paid Family and Medical Leave?

Paid Family and Medical Leave (PFML) is a state-administered program that provides income replacement when employees need time away from work for qualifying family or medical reasons.

In Maine, PFML will allow eligible employees to take up to 12 weeks of paid leave for things like bonding with a new child, recovering from a serious illness, caring for a family member, or certain military-related situations. A payroll tax is already in effect to fund the program, with contributions coming from employees and/or employers.

The key thing for employers to understand is that PFML benefits are paid by the state program, not directly by the employer. Employers are responsible for compliance, contributions, and coordinating leave—but not for issuing the benefit payments themselves.

What is the difference between maternity leave and PFML?

Maternity leave is a general term that describes time off taken for pregnancy, childbirth, and recovery. It’s not a specific law or program on its own.

PFML, on the other hand, is a formal state program that provides paid benefits during certain types of leave, including maternity leave. Think of PFML as one possible way maternity leave can be paid.

An employee’s maternity leave may include a combination of unpaid job-protected leave, PFML wage replacement, accrued PTO, or short-term disability benefits. Understanding how these pieces fit together is important for both employers and employees, especially when planning timelines and expectations.

Is maternity leave paid by the employer or government?

It depends on how the leave is structured and what benefits are available to the employee.

In many cases, maternity leave is not fully paid directly by the employer unless the business offers a paid parental leave benefit. However, employers sometimes pay wages during maternity leave when employees use their accrued paid time off (PTO), such as vacation, sick, or personal time.

Outside of employer-paid PTO, maternity leave pay may also come from other sources. This can include a state paid leave program, like Maine’s Paid Family and Medical Leave (PFML), or short-term disability insurance that covers pregnancy and childbirth. Under Maine’s PFML program, benefit payments will be issued by the state, using funds collected through payroll contributions, not directly by the employer.

Conclusion

Maternity leave is one of those topics that sounds simple at first, but quickly becomes more complex once you dig into the details. Between federal rules, Maine’s current unpaid leave requirements, the new Maine PFML program, and individual company policies, there’s a lot for employers to keep track of.

The good news is that you don’t need to have all the answers memorized. What matters most is understanding the basics, knowing which laws apply to your business, and having a clear, consistent approach when employees ask questions or request leave. With some planning and the right information, maternity leave can be managed in a way that supports employees while keeping your business compliant.