A pregnancy announcement is exciting!
If you’re a small business owner, your obligations to the expecting parents might go beyond congratulations or a gift. If your business has 50 or more employees, you are required to comply with the federal Family and Medical Leave Act (FMLA).
As of 2026, 14 states and the District of Columbia have mandatory paid family leave systems. Nine more states have voluntary systems that provide paid family leave through private insurance.
Find out more about your obligations as an employer and how to better care for your employees during an exciting time in their lives.
When should you provide maternity leave?
It’s good for business to provide maternity leave no matter how small your company is or what your state requires.
A U.S. Department of Labor survey showed that providing both maternity and medical leave makes a positive impact on the lives of workers. Additionally, this benefit was shown not to place an undue burden on employers.
If your small business doesn’t already comply with laws surrounding maternity leave, there are some simple steps that you may take.
Implementing a maternity leave policy
Once you’ve decided to offer maternity leave benefits, examine both FMLA and state laws. They provide a useful template for setting your policy. Make sure that this policy is clearly outlined in your employee handbook. Here are the basic FMLA guidelines:
- The employee has been in your employment for at least 12 months and works a regular workweek (FMLA requires an average workweek of around 24 hours to be eligible, although state policies often don’t require an hourly minimum).
- The policy applies to both men and women to give them a reasonable time to bond with the child (newborn, adopted, or fostered).
- The leave must be taken as a continuous block of leave.
- Determine the amount of time off you wish to offer and whether it will be paid, unpaid, or paid in part in accordance with state and federal laws. FMLA typically allows for up to 12 weeks a year. State laws may vary between six12 weeks.
Prepare for maternity leave
The good news is that you have plenty of time to prepare for an employee being away for a while. Here are two good ideas to get ready:
- Cross-train: It’s important to make sure that employees know the responsibilities of their co-workers. Establish policies that include cross-training another employee or employees to cover the most important tasks. This may help ensure that nothing falls through the cracks while your employee is away bonding with their child.
- Consider Outsourcing: Freelance contractors are becoming more common in many industries. Consider outsourcing certain responsibilities for the duration of your employee’s time off.
- Offer Hybrid Options: Depending on how much time your employee wants to take and what the law requires, offering hybrid or flexible scheduling may be an option. Depending on the tasks assigned to your employees, you may be able to build morale by offering an extended time away from the workplace by allowing them to work from home while bonding with their child.
Do you need additional information? The Small Business Administration provides many resources. Review the SBA Guide to Employment & Labor Law, contact an employment attorney in your state, or your state labor agency.
FAQs
How does FMLA apply to small businesses with fewer than 50 employees?
Typically, FMLA does not apply to small businesses with fewer than 50 employees. However, a bipartisan bill that’s been passed by 14 states and the District of Columbia may require companies with fewer than 50 employees to offer paid maternity leave. Nine more states have passed a similar law, but it has not taken effect yet.
Do small businesses have to provide paid maternity leave?
It depends on what state the business operates in. While there is no federal mandate for paid maternity leave, several states offer paid family leave programs that employees may access regardless of employer size. In these cases, the benefit is often funded through payroll taxes rather than direct employer payments. Employers may still need to comply with notice, job protection, or coordination requirements depending on the state.
How can small businesses manage employee workload during maternity leave?
Planning ahead is key to managing workload during an employee’s leave. Small businesses often redistribute responsibilities among team members, adjust project timelines, or bring in temporary support if needed. Cross-training employees in advance may help ensure continuity and reduce disruptions. Clear communication with both the team and the employee taking leave also helps maintain smooth operations. Offering hybrid work options that extend beyond the required period may help employees continue bonding with their new child while still meeting workplace responsibilities.
What should a small business include in a maternity leave policy?
A clear maternity leave policy should outline eligibility, duration of leave, and whether the leave is paid or unpaid. It should also address how benefits are handled, expectations for communication during leave, and return-to-work procedures. Including details about how the policy aligns with state or federal programs may provide additional clarity. A well-defined policy helps set expectations and supports both the business and its employees.
