Maternity Leave Policy Template

Welcoming a new child is one of life’s most significant and personal milestones. A clear, inclusive maternity leave policy ensures that employees who give birth have the time, space, and support they need to care for their newborn, recover from childbirth, and transition into their new role as a parent.

Maternity leave is about more than legal compliance — it’s about demonstrating care, creating consistency, and helping employees balance their personal and professional lives with confidence and security. This policy outlines eligibility for maternity leave, what benefits are available, and how employees can prepare for their time away from work.

What the Maternity Leave Policy Should Include

To support a thoughtful and inclusive approach, a maternity leave policy should outline:

• Purpose and scope: Why the policy exists and who it applies to
• Eligibility: Length of service or employment status requirements
• Duration of leave: Paid and unpaid time off available
• Pay and benefits: How leave is paid and how benefits are maintained
• Coordination with laws: Integration with FMLA, state programs, and short-term disability
• How to request leave: Notice, documentation, and approval process
• Job protection and return to work: What happens before and after leave
• Inclusivity: Respectful, gender-aware language that centers care and equity

Purpose of the Maternity Leave Policy

The purpose of this policy is to:

• Provide clear, equitable support for employees giving birth
• Help new parents recover from childbirth and bond with their child
• Create a consistent process for planning, approving, and managing maternity leave
• Comply with all applicable federal, state, and local laws (including FMLA, pregnancy disability leave, and paid family leave where available)
• Reinforce the company’s commitment to supporting caregivers and promoting a family-friendly workplace

Sample Maternity Leave Policy

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Effective Date: [Insert Date]
Policy Owner: People Team / HR Department
Last Reviewed: [Insert Date]

1. Policy Overview

This policy provides time off and job protection to employees who give birth, supporting their recovery and caregiving needs. Maternity leave includes a combination of paid leave, short-term disability benefits (if applicable), and job-protected unpaid leave in accordance with federal or state law.

[Company Name] is committed to providing a supportive and inclusive environment for new parents and does not discriminate on the basis of gender, pregnancy, or family status.

2. Eligibility

Employees are eligible for maternity leave if they:

• Are full-time or part-time employees (working at least [X] hours per week)
• Have completed at least [Insert duration, e.g., 6 or 12 months] of continuous service prior to the expected due date
• Are the birthing parent (i.e., physically giving birth)

Employees may also qualify for additional protections under the Family and Medical Leave Act (FMLA) or state-specific parental or pregnancy leave laws. HR will help determine eligibility on a case-by-case basis.

3. Duration of Leave

Eligible employees may receive:

• [Insert number, e.g., 12 weeks] of maternity leave, consisting of:
  • [e.g., 6–8 weeks for medical recovery, based on physician guidance or short-term disability certification]
  • [e.g., 4–6 weeks for parental bonding or family care]

Additional unpaid leave may be requested, subject to manager and HR approval, and/or applicable laws.

4. Pay During Leave

Maternity leave is paid as follows:

• [Insert number, e.g., 8 weeks] at 100% of base salary (funded by the company)
• The remainder may be covered through:
  • Short-term disability insurance (STD), if enrolled
  • Paid Family Leave through your state, if applicable
  • Use of accrued PTO or sick leave (optional)

All paid benefits will be coordinated so employees receive the maximum benefit without duplication.

5. Health Insurance and Benefits Continuation

Employees on maternity leave will:

• Remain enrolled in company health benefits
• Continue to accrue tenure and seniority
• Be responsible for their portion of benefit premiums (deducted from paychecks if paid leave; otherwise, invoiced by HR)

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6. Requesting Maternity Leave

To request maternity leave:

1. Notify your manager and HR at least 30 days before your anticipated leave start date (or as soon as possible in the case of emergency)
2. Submit a Maternity Leave Request Form
3. Provide documentation from your healthcare provider with your estimated due date
4. Coordinate a transition plan with your manager and HR

7. Return to Work

Before returning to work, employees must provide a fitness-for-duty note from their healthcare provider (if medically required).

Employees will:

• Be reinstated to the same or equivalent position upon return
• Be offered flexibility for return-to-work scheduling (e.g., part-time ramp-up, remote days) when possible
• Have access to a reboarding check-in, benefits reminders, and optional support resources

Breastfeeding or lactating employees will have access to designated, private spaces for pumping in accordance with federal and state law.

8. Compliance with Legal Requirements

This policy complies with:

• FMLA (Family and Medical Leave Act): Up to 12 weeks of unpaid, job-protected leave
• State-specific leave laws, such as Paid Family Leave, Pregnancy Disability Leave, and others
• The Pregnancy Discrimination Act (PDA)
• Any applicable short-term disability or wage replacement programs

HR will help coordinate all leave types to ensure employees receive the maximum allowable benefit under law and policy.

Frequently Asked Questions

1. Is maternity leave different from parental leave?
Yes. Maternity leave refers to leave taken by the person who gives birth, while parental leave can apply to any new parent. Both may be used together or separately depending on your situation.

2. Will I lose my job if I take maternity leave?
No. Your job is protected under this policy and relevant laws. You’ll return to your same role or a comparable one.

3. What if I have pregnancy complications before the baby arrives?
You may be eligible for pregnancy-related disability leave or sick leave. Speak to HR about modifying your duties or taking early leave if needed.

4. Can I use PTO or sick leave during maternity leave?
Yes. You may choose to use accrued PTO or sick time to extend or supplement your leave.

5. How do I plan for my leave with my team?
Work with your manager to create a handoff plan for key responsibilities. HR can provide a transition checklist to guide this process.

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