When Should You Go on Maternity Leave?

By Ece · Founder of Idaho Jones, pumping mom
Reviewed and updated May 2026

Deciding when to start maternity leave is one of the most important choices you'll make as a new mom, especially if you plan to breastfeed, go back to work, and pump at work. The right timing can impact your physical recovery, mental health, milk supply, finances, and bonding time.

This guide walks you through what the laws say, what your options are, and how to plan a timeline that works for you.

Understanding your rights: federal protections for pregnant and new moms

Family and Medical Leave Act (FMLA)

FMLA gives you up to 12 weeks of unpaid, job-protected leave for pregnancy, childbirth, and bonding with your baby. To be eligible, you must have:

• Worked 1,250 hours in the past year
• Been employed for at least 12 months
• Worked for a company with 50+ employees within 75 miles

The PUMP Act

If you're planning to pump at work, the PUMP for Nursing Mothers Act requires your employer to provide reasonable break time and a private space (not a bathroom) to pump for up to one year after your baby is born.

Pregnant Workers Fairness Act (PWFA)

PWFA requires employers with 15+ employees to offer reasonable accommodations during pregnancy and postpartum, like sitting more, lifting less, or working remotely.

Pregnancy Discrimination Act (PDA)

The PDA prohibits discrimination due to pregnancy, childbirth, or related conditions like lactation or miscarriage (EEOC).

Americans with Disabilities Act (ADA)

If a pregnancy results in complications that rise to the level of a disability, the ADA may provide protection and require accommodations (SHRM).

What is paid medical leave?

Paid medical leave is time off to recover from childbirth, surgery (like a C-section), or pregnancy complications. It's typically:

• 6 weeks for vaginal delivery
• 8 weeks for a C-section
• Longer if your doctor certifies complications

Many states offer paid medical leave as part of a short-term disability plan or family & medical leave program (Guardian Life).

Even if your state doesn't offer paid parental leave, you may be able to get paid medical leave only, either through:

• A state disability program (e.g., California, New York)
• Your employer's short-term disability insurance (if enrolled before pregnancy)
• Special opt-in programs like New Hampshire's PFML for private employees

States that provide paid parental leave

Some states provide paid parental leave in addition to job protection. Check your state's official resources for exact eligibility and benefit stacking options.

More info: Rippling · Bipartisan Policy Center

States that don't provide paid parental leave

Are there states with paid medical leave but no paid parental leave?

Yes. New Hampshire is a notable example:

• Paid parental leave: ❌ Not offered
• Paid medical leave: ✅ Yes, for state employees and private employers that opt in via the NH PFML program. Covers up to 60% of wages for 6 weeks, including medical leave related to childbirth.

Other states with partial or opt-in medical leave

Some states don't offer statewide paid parental leave, but private short-term disability insurance (STD) is common and may cover medical recovery after childbirth. These include Texas, Florida, Georgia, and most other states without formal state PFML laws.

In these states, medical leave is often through employer-provided STD plans, and birthing parents may receive 6 to 8 weeks of partial pay if they enrolled in STD before becoming pregnant.

In states with no state-mandated leave, short-term disability is often the only route to paid medical leave for birthing moms.

If you're eligible for both FMLA and state paid leave

You get the best of both worlds: job protection from FMLA and income replacement from your state program.

FMLA = job protection (unpaid)

• Guarantees you can return to your same (or equivalent) job
• Provides 12 weeks of unpaid leave for medical recovery and bonding
• Federal law (applies nationwide)

State paid leave = income while you're out

• Partial wage replacement during your leave
• Covers medical leave (for pregnancy, childbirth, complications) and parental leave (bonding with baby)
• Available only in the states listed above

How they work together

They often run concurrently, meaning your time off counts against both. Example: you take 6 weeks of bonding leave. That counts as 6 weeks of FMLA AND 6 weeks of paid family leave. You're getting paid AND your job is protected.

Some states (Massachusetts, Washington) automatically apply both FMLA and state benefits simultaneously. Others require separate applications: one with your employer (FMLA), one with the state.

Three tips

• Apply for both: you typically have to file separate paperwork for FMLA (through HR) and state benefits (through the state agency)
• Ask your HR team to help coordinate how the two types of leave work together
• Double-check your timeline: FMLA provides up to 12 weeks, but your state may offer more or less. Some states offer extra time for medical complications.

What if you're not covered by FMLA?

A common scenario, especially for:

• Employees at companies with fewer than 50 employees
• Parents who've been at their job less than 12 months
• Part-time workers who haven't hit 1,250 hours in the past year

If you don't qualify for FMLA, you don't get federal job protection. Your employer is not legally required to hold your job. You may still qualify for state-level job protection, paid leave, or employer-provided leave, depending on your state and employer policies.

What you can do

1. Ask your employer for voluntary job protection. Many small businesses are willing to grant leave if asked. Get any agreements in writing.
2. Leverage state programs (if available). Many state leave programs don't require FMLA eligibility. California PFL, New York PFL, and Massachusetts PFML all offer paid leave with job protection regardless of FMLA status.
3. Apply for accommodations under the PWFA. You can request light duty, work-from-home, or a flexible schedule even if you're not covered by FMLA. Applies to employers with 15+ employees.

Maternity leave benefits decision tree

Planning your maternity leave timeline

Parental leave consultants (like Hello Bundle) recommend telling your employer about your plans at least 8 weeks before your due date. That means starting your prep around 20 to 24 weeks pregnant.

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How to decide when to go on leave

There's no perfect answer. The best timing depends on your health, job type, financial cushion, and personal preferences. Ask yourself:

• Do I have a high-risk pregnancy or need bed rest?
• Is my job physically demanding or high stress?
• How much paid vs unpaid leave can I afford?
• Do I want time to nest and rest before baby arrives?
• Am I eligible for job protection and paid time off?

Many moms plan to stop working around 36 to 38 weeks, while others work right up to labor to maximize bonding time postpartum. Some use PTO to bridge days before benefits begin.

Preparing for maternity leave can feel overwhelming, but having a plan makes all the difference. Knowing your rights, exploring your options, and communicating early with your employer helps you take the leave you need and deserve. Whether you're working until the day you deliver or stepping away a few weeks before, trust that you're making the best decision for yourself and your baby. Every mom's journey is different, and you're doing it right.