|
State/Territory and Statute
|
Coverage |
Provisions |
|
Alaska
Ala. Code § 39-20-305
|
State employers for state employees who are otherwise qualified to take a leave of absence. |
Provides 18 workweeks of leave within a 12-month period for pregnancy and childbirth. Requires employees to use accrued paid leave until only 5 days of paid leave remaining; at that point the employee may either take the remaining leave as unpaid leave or exhaust the paid leave balance. Provides that after accrued paid leave has been taken as required, the employee may take leave without pay for the balance of the leave. Requires the employee to provide her department or agency head with prior notice of the expected need for leave in a reasonable and practicable manner. |
|
Arizona
Ariz. Admin. Code § R2-5-411-13
|
State employers. |
Defines "parental leave" as any combination of annual leave, sick leave, compensatory leave, or leave without pay taken by an employee due to pregnancy, childbirth, miscarriage, abortion, or adoption of children. Provides that the head of a state government agency must approve an employee's request for parental leave subject to the following conditions:
1. Sick leave may be used only for periods of disability.
2. The duration of the leave must not exceed 12 weeks, unless the employee requests additional leave and the request is approved by the employee's agency head.
3. An employee may not be required to exhaust all annual leave, sick leave, or compensatory leave before taking leave without pay.
4. An employee must specify the number of hours of annual leave, sick leave, compensatory leave, and leave without pay to be used when requesting parental leave.
5. If the parental leave qualifies for FMLA leave, an agency shall count it as FMLA leave.
6. An employee returning to work from leave without pay taken as part of a parental leave is entitled to return to the position she occupied at the start of the parental leave. If this position no longer exists, the agency must conduct a reduction in force.
|
|
Arkansas
Ark. Stat. § 21-4-209
|
State employers. |
Provides that maternity leave is to be treated the same as any other leave for sickness or disability. Allows an employee who so requests to use accumulated sick leave and annual leave for maternity leave, and provides that leave without pay may be used after paid leave has been exhausted.
|
|
California
Cal Government Code § 12945
|
All employers with more than five employees.
|
Makes it unlawful to refuse leave to a pregant employee for a reasonable period of time not to exceed four months. Requires that the employee be allowed to return to work following the leave. Allows an employer to require an employee to give reasonable notice of the date the leave will begin and the estimated duration of the leave.
|
| Cal Government Code § 1991.6 |
State employers. |
Provides for an unpaid leave of absence for a period not to exceed one year to the following employees for the following purposes:
1) female permanent employees for pregnancy, childbirth, or recovery from pregnancy or childbirth.
2) male permanent employees to care for a newborn child.
3) permanent employees for the adoption of a child.
|
| Cal. Unemp. Ins. Code § 2625-2630 |
All employers. |
For the purpose of unemployment compensation disability benefits, defines disability to include illness or injury resulting from pregnancy, childbirth, or a related medical condition. Provides that an individual is not eligible for disability benefits for any day of unemployment and disability for which he or she has received, or is entitled to receive, "other benefits" in the form of cash payments. |
|
Colorado
Colo. Rev. Stat. § 19-5-211
|
All employers. |
Requires an employer who permits paternity or maternity time off for biological parents following the birth of a child to, upon request, permit the same period of time off for individuals adopting a child. Provides that requests for additional leave due to the adoption of an ill child or a child with a disability must be considered on the same basis as comparable cases of such complications with a child born to an employee or employee's spouse. Requires that any other benefits provided by the employer, such as job guarantee or pay, must be available to both adoptive and biological parents on an equal basis. Prohibits an employer from penalizing an employee for exercising the rights provided by this subsection. |
|
Connecticut
Conn. Gen. Stat. § 46a-60
|
The state and its political subdivisions. All private employers with three or more employees.
|
Makes it unlawful for an employer to take the following actions because of a woman's pregnancy: 1) To terminate employment; 2) to refuse to grant a reasonable leave of absence for pregnancy-related disability; 3) to deny compensation for accrued disability or leave benefits; 4) to fail or refuse to reinstate the employee to her original job or to an equivalent position unless, in the case of a private employer, circumstances have changed such that reinstatement is impossible or unreasonable; 5) to fail or refuse to make a reasonable effort to transfer a pregnant employee to a suitable temporary position if continued employment in the employee's current position may cause injury to the employee or fetus; 6) to fail or refuse to inform the pregnant employee that a transfer may be appealed; or 7) to fail or refuse to inform employees of the employer that they must give written notice of their pregnancy in order to be eligible for transfer to a temporary position.
|
|
Hawaii
Hawaii Rev. Stat. § 378-1 through 378-2
|
All employers with at least one employee. |
Prohibits discrimination"because of sex" and provides that the term shall include, but is not limited to, because of pregnancy, childbirth, or related medical conditions. Provides that women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes as other individuals not so affected but similar in their ability or inability to work. |
|
Hawaii Rev. Stat. § 392-1 through 392-21
|
All employers, including the state and its political subdivisions, with at least one employee.
|
Provides that any employee who suffers disability resulting from pregnancy or termination of pregnancy is entitled to receive temporary disability benefits.
|
|
Illinois
Ill. Admin. Code tit. 80 § 303.130
|
State employers. |
Provides that all female employees who show proof that they have received prenatal care in the first 20 weeks will be eligible for 4 weeks (20 work days) paid maternity leave. Provides that all male employees who show proof that their spouses have received prenatal care in the first 20 weeks, with notification to the employer within 24 weeks, will be eligible for 3 weeks (15 work days) of paid paternity leave. Limits maternity and/or paternity leave to 1 leave per family for each birth. Makes all employees eligible for 3 weeks (15 days) of paid leave with a new adoption. |
|
Iowa
Iowa Code § 216.6
|
All employers who regularly employee more than four individuals.
|
Makes any written or unwritten employment policy or practice which excludes applicants or employees from employment because of pregnancy an unfair employment practice. Provides that disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth, and subsequent recovery are temporary disabilities and must be treated as such under any health or temporary disability insurance or sick leave plan. Requires that employment policies and practices related to the start and length of leave, the availability of extensions, the accrual of seniority, and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, formal or informal, are to be applied to a pregnancy or childbirth-related disability on the same terms and conditions that apply to other temporary disabilities.
Where leave is unavailable or where available leave is insufficient, requires the employer to grant to the pregnant employee a leave of absence for the period that the employee is disabled because of pregnancy, childbirth, or related medical conditions, or for eight weeks, whichever is less. Requires the employee to provide timely notice of the period of leave requested and provides that the employer must approve any change in the period requested before the effective date. Allows the employer to require verification by a medical provider that the employee cannot reasonably perform her duties before granting the leave of absence.
|
|
Louisiana
La. Rev. Stat. 23:341-342
|
All employers with more than 25 employees. |
Requires that pregnancy, childbirth, and related medical conditions be treated like any other temporary disability. Limits the amount of disability leave that an employer must provide to an employee on account of normal pregnancy, childbirth, or related medical condition to six weeks.
Makes it unlawful, unless a pregnant employee is unable to perform the essential duties of her position, for an employer to:
1) Refuse to promote, provide training that will lead to a promotion, or by discriminating against her in compensation, terms, conditions, or privileges of employment.
2) Refuse to provide a female employee affected by pregnancy, childbirth, or related medical conditions the same benefits or privileges of employment granted to other persons not so affected who are similar in their ability or inability to work, including disability or sick leave or any other accrued leave available to temporarily disabled employees.
3) Refuse reasonable pregnancy leave, not to exceed 4 months.
4) Refuse to transfer a pregnant employee who requests a transfer to a less strenuous or hazardous position for the duration of her pregnancy-related disability, if the employer has a policy, practice, or collective bargaining agreement requiring or authorizing the transfer of temporarily disabled employees.
5) Refuse to temporarily transfer a pregnant employee who requests a transfer to a less strenuous or hazardous position, with the advice of her physician, where the transfer can be reasonably accommodated. Provides that no employer is required to create an additional position that the employer would not otherwise have created, or to discharge another employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job in order to accomodate a pregnant employee.
|
|
Maryland
Md. Code art. 49B, § 17
|
All employers. |
Provides that disabilities caused or contributed to by pregnancy or childbirth, are temporary disabilities for all job-related purposes, and are to be treated as such under any employer-provided health or temporary disability insurance or sick leave plan. |
|
Massachusetts
Mass. Gen. Laws ch. 149, § 105D
|
All employers with six or more employees. |
Requires employees to have completed an initial probationary period or have been employed full-time for 3 consecutive months to be eligible. Allows up to 8 weeks leave for pregnancy-related reasons and protects the jobs of a woman until she returns from maternity leave. |
|
Missouri
Mo. Rev. Stat. §§ 213.010 and 213.055
8 CSR 60-3.040 (15) & (16)
|
The state, its political subdivisions, and any person employing six or more persons.
|
Provides that any employment policy or practice that excludes applicants or employees because of pregnancy is an unlawful employment practice justifiable only upon showing of business necessity. Requires that disabilities caused or contributed to by pregnancy, miscarriage, legal abortion, childbirth and recovery are, for all job-related purposes, must be treated as temporary disabilities. Requires that an employer's policies and practices related to the start and length of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement and payment under any health or temporary disability insurance or sick leave, plan, formal or informal, must be applied to a pregnancy or childbirth-related disability on the same terms and conditions as they are applied to other temporary disabilities.
|
|
Montana
Mont. Code § 49-2-310
|
All employers with one or more employees. |
Makes it unlawful for an employer to terminate a pregnant employee; refuse to grant her reasonable leave because of pregnancy; deny any compensation to which she is entitled as a result of a pregnancy-related disability; or require that a pregnant employee take mandatory leave for an unreasonable length of time.
|
|
New Hampshire
N.H. Rev. Stat. § 354-A:7
|
All employers with six or more employees. |
Provides that "sex'' includes pregnancy and medical conditions which result from pregnancy. Makes it unlawful for an employer to refuse to hire or employ or to bar or to discharge from employment any individual on the basis of sex or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification. Requires an employer to permit a female employee to take leave of absence for the period of temporary physical disability resulting from pregnancy, childbirth or related medical conditions. Requires the employer to reinstate en employee who has taken pregnancy leave when the employee is physically able to return to work, unless business necessity makes this impossible or unreasonable. Provides that pregnancy, childbirth, and related medical conditions are to be considered temporary disabilities for all other employment related purposes, and that affected female employees must be treated in the same manner as any other employee with a temporary disability.
|
|
New Jersey
N.J. Rev. Stat. § 43:21-25 et seq.
|
All employers subject to N.J. unemployment compensation law, including the State of New Jersey. |
Provides that employees who are temporarily disabled for medical reasons, including pregnancy and childbirth, are eligible to receive partial wage replacement in the form of temporary disability insurance (TDI) benefits. |
|
New York
NY Executive Law § 296 (g)
NY Workers' Compensation Law § 201
|
All employers with four or more employees.
All employers with one or more employees.
|
Prohibits an employer from forcing a pregnant employee to take a leave of absence, unless the employee is unable to perform the activities involved in the job or occupation in a reasonable manner as a result of her pregnancy.
Provides that the term "disability" also includes disability caused by or in connection with a pregnancy.
|
|
Oregon
Or. Rev. Stat. § 659A.150 through 659A.186
|
Employers who employ 25 or more persons in the state for each working day during each of 20 or more calendar workweeks in the year in which the leave is to be taken or in the year immediately preceding the year in which the leave is to be taken.
|
Defines "serious health condition" as any period of disability due to pregnancy, or period of absence for prenatal care. Provides 12 weeks of family medical leave to recover from or seek treatment for a serious health condition that renders the employee unable to perform at least one of the essential functions of the employee’s regular position. Provides eligible female employees with an additional 12 weeks of leave within any one-year period for an illness, injury or condition related to pregnancy or childbirth that disables her from performing any available job duties offered by the employer.
|
|
Pennsylvania
Pa. Cons. Stat. tit. 43, §§ 954 and 955
16 PA Code § 41.101-104
|
The Commonwealth and its political subdivisions and any person employing four or more persons.
|
Requires that employment policies and practices relating to the commencement and duration of leave, extension, the accrual of benefits and privileges such as seniority, reinstatement, and payment under any health or sick leave plan, must be applied to a pregnancy-related disability on the same terms and conditions as they apply to other disabilities. Prohibits mandatory maternity leave policies that require a pregnant employee to take leave automatically at a specified time during pregnancy or to delay return to work for a specified time after the baby is born. |
|
Puerto Rico
LPR tit. 21, § 4567
|
All Employers. |
Entitles all pregnant women to a rest period of four weeks before and four weeks after childbirth. Provides that a women may choose to take as little as one week before childbirth and extend her post-delivery leave for the remaining time. Requires that a woman altering the time when her rest period is taken obtain medical leave to work up to the time when she chooses to begin her leave. Requires an employer to pay any salary, wages, or compensation to which a woman is normally entitled during her leave. Extends leave for up to 12 weeks in the case of medical complications related to pregnancy or childbirth. |
|
Rhode Island
RI § 28-48-1 et seq.
|
Business entities with 50 or more employees, the executive, legislative, and judicial branches of the state, including any state department or agency with any employees, any city or town or municipal agency with 30 or more employees. |
Entitles every employee who has been employed by the same employer for 12 consecutive months to 13 consecutive work weeks of parental leave or family leave in any 2 calendar years. Requires the employee to give at least 30 days notice of the date the leave will begin and end, unless prevented from doing so by medical emergency. Provides that the parental leave may be unpaid leave and that if an employer provides paid parental leave or family leave for fewer than 13 weeks, the additional weeks of leave may be unpaid. |
|
Tennessee
Tenn. Code Ann. § 4-21-408
|
Public employers and private employers with 8 or more employees within the state.
|
Entitles employees who have been employed by the same employer for at least 12 consecutive months as full-time employees, leave for a period not to exceed 4 months for adoption, pregnancy, childbirth and nursing an infant.
|
|
Vermont
Vt. Stat. Ann. tit. 21, § 472
|
Employers with 10 or more employees. |
Provides up to 12 weeks of leave during any 12 month period for parental leave, including during the employee's pregnancy. Limits the use of paid leave during this period to 6 weeks and provides that the use of paid leave may not be used to extend the total leave period. Requires the employee to give reasonable written notice of her intent to use leave. |
|
Virginia
Va. Code § 51.1-1110
|
State employers. |
Provides short-term disability benefits for employees who are on maternity leave. |
|
Washington
WAC 162-30-020
|
Public and private sector employers with 8 or more employees. |
Makes it an unfair employment practice for an employer to refuse to hire or promote, terminate, or demote, a woman or to impose different terms and conditions of employment on a woman because of pregnancy or childbirth unless the employer can demonstrate a business necessity for doing so.
Also makes it an unfair practice to base employment decisions or actions on negative assumptions about pregnant women. Requires employers to provide a leave of absence for the time a women is sick or disabled because of pregnancy or childbirth.
|
|
Wisconsin
Wisc. Admin. Code ER 18.14
|
State Employers. |
Allows permanent classified employees to request maternity or paternity leave of up to 6 months. Provides that all of the leave may be covered by sick leave, leave of absence without pay, earned annual leave, sabbatical leave, holiday leave, compensatory time off at the employee's discretion, or anticipated annual leave. |