Maternity Leave Laws in Pennsylvania (2026): What You Need to Know
Pennsylvania’s maternity leave laws can be confusing for new and expecting mothers. The state currently follows federal rules for unpaid leave. However, major changes may be coming soon.
This guide explains your current rights and what protections you have during pregnancy and after childbirth. We’ll also cover the proposed changes that could bring paid leave to Pennsylvania workers.
What Is Maternity Leave in Pennsylvania?
Maternity leave is time off from work before, during, or after having a baby. In Pennsylvania, this leave is mostly unpaid. The state does not have its own paid family leave program yet.
Pennsylvania currently relies on federal laws like the Family and Medical Leave Act (FMLA) to provide job protection during maternity leave. This means eligible mothers can take up to 12 weeks of unpaid leave without losing their jobs.
Basic Maternity Leave Laws
Federal FMLA Protection
To qualify for FMLA protection, you must have worked for your employer for at least 12 months and completed at least 1,250 hours during the 12 months before your leave starts. You also must work for a company with 50 or more employees within a 75-mile radius.
The FMLA gives you several important rights. You can take leave for the birth of your child. You can also take time to bond with your new baby. If you have pregnancy complications, you can take leave for your own serious health condition.
Pennsylvania State Employee Benefits
Pennsylvania state employees get more generous benefits than private sector workers. They can receive up to 8 weeks of paid parental leave starting in 2024. This is a recent improvement from the previous 6 weeks.
State workers can also take up to 6 months of unpaid parental leave. They may be eligible for an additional 6 months of disability leave following childbirth.
Current Pregnancy Protection Laws
Pennsylvania Human Relations Act
The Pennsylvania Human Relations Act (PHRA) protects workers from pregnancy discrimination at companies with four or more employees. This law is broader than federal protections in some ways.
Under Pennsylvania law, pregnancy-related disabilities must be treated the same as other temporary disabilities for job benefits and job security. This includes leave policies, health insurance, and reinstatement rights.
Pregnant Workers Fairness Act
A new federal law called the Pregnant Workers Fairness Act took effect in 2023. This law requires employers to provide reasonable accommodations for pregnant workers. Examples include light duty work, flexible schedules, or time off for medical appointments.
The law covers accommodations for fertility treatments, morning sickness, lactation, gestational diabetes, pregnancy loss, and postpartum depression. It also includes time off for childbirth recovery and accessing abortion care.
Penalties and Consequences for Employers
Employers who violate maternity leave laws face serious consequences. Under the FMLA, workers can sue for damages. These damages may include lost wages, benefits, and other costs related to the violation.
The Department of Labor can also investigate FMLA violations. Employers may face fines and be required to reinstate employees. They might also have to provide back pay and benefits.
For pregnancy discrimination under state law, victims can file complaints with the Pennsylvania Human Relations Commission. Successful claims can result in monetary compensation and job reinstatement.
Special Circumstances
Philadelphia City Law
Workers in Philadelphia have additional protections under the city’s Fair Practices Ordinance. Employers with 10 or more employees must provide paid sick leave. Employers with fewer than 10 employees must provide unpaid sick leave.
Philadelphia law also requires employers to provide reasonable accommodations for pregnant workers, as long as it doesn’t cause undue hardship for the business.
Short-Term Disability Benefits
Many employers offer short-term disability insurance that covers normal pregnancy and childbirth for six to eight weeks. This can provide partial wage replacement during recovery.
Some policies may exclude pregnancy-related conditions. Check your employee handbook or speak with HR about your specific coverage.
Military Families
Military families may qualify for special FMLA benefits. Military caregiver leave allows up to 26 weeks per year to care for an injured service member. Qualifying exigency leave provides smaller amounts of time off for deployment-related needs.
How to Request Maternity Leave
Start the process as early as possible. When leave is foreseeable, you must provide 30 days advance notice to your employer. If the need arises suddenly, notify your employer as soon as possible.
Get a copy of your company’s FMLA policy. Complete all required forms and provide medical documentation if requested. Your doctor may need to certify your need for leave.
Keep detailed records of all communications with your employer. This documentation can be important if disputes arise later.
Proposed Paid Family Leave Program
Major changes may be coming to Pennsylvania’s maternity leave laws. The state legislature is considering the Family Care Act, which would provide eligible workers with 12 to 20 weeks of paid leave.
This proposed law has received bipartisan support and would be funded through payroll contributions from employers and employees. Small businesses with 14 or fewer full-time employees would be exempt from the tax.
Recent polling shows that 81 percent of Pennsylvania voters support paid family leave, including 67 percent of Republicans. If passed, Pennsylvania would join 13 other states that have mandatory paid family leave programs.
Working During Pregnancy
You cannot be fired simply because you are pregnant. However, Pennsylvania is an employment-at-will state, which means employers can fire you for other legal reasons.
Under the new federal Pregnant Workers Fairness Act, you can request accommodations like weight restrictions, modified duties, or reduced hours. Your employer must engage in an interactive process to find reasonable solutions.
If you develop conditions like gestational diabetes or preeclampsia, you may be protected under the Americans with Disabilities Act. This could require additional accommodations beyond pregnancy-related needs.
Frequently Asked Questions
How much maternity leave am I entitled to in Pennsylvania?
Under federal FMLA, eligible employees can take up to 12 weeks of unpaid leave within a 12-month period. Pennsylvania does not currently mandate additional leave time.
Is maternity leave paid in Pennsylvania?
Pennsylvania does not have a state-mandated paid family leave program as of 2025. Most private sector employees receive unpaid leave only, unless their employer provides paid benefits.
Can I use sick leave for maternity leave?
Yes, you may be able to use accrued paid time off during FMLA leave. Your employer may allow or require you to use vacation, sick, or personal leave to cover some or all of your maternity leave.
What if my employer has fewer than 50 employees?
Companies with fewer than 50 employees are not covered by FMLA. However, you still have protection against pregnancy discrimination under state law if your employer has four or more workers.
Can I take leave to bond with my adopted child?
Yes, FMLA covers adoption and foster care placement. You can take up to 12 weeks of unpaid leave to bond with a newly placed adoptive or foster child.
Final Thoughts
Pennsylvania’s current maternity leave laws provide basic job protection but no guaranteed pay. This situation may change soon if the proposed Family Care Act becomes law.
For now, understand your rights under federal law and check with your employer about additional benefits. Start planning early and document everything. If you face discrimination or denial of your rights, consider consulting with an employment attorney.
Remember that having a baby is a major life event. You deserve support and protection during this important time. Stay informed about your rights and don’t hesitate to advocate for yourself.