Written by this site from official U.S. sources

Before a birth or adoption, check whether you qualify for 12 weeks of job-protected FMLA leave, and plan for it to be unpaid

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In plain words

The federal Family and Medical Leave Act (FMLA) lets eligible workers take up to 12 weeks off in a 12-month period for the birth, adoption or foster placement of a child, and keeps the job protected. The leave can be unpaid. You can use your saved paid vacation or other paid leave for part of it, or your employer can require that. You qualify if your employer is covered, you've worked there at least 12 months and at least 1,250 hours in the past year, and your employer has at least 50 employees within 75 miles of where you work.

Cost: Free to request. FMLA leave itself can be unpaid, so the cost is the wages you lose unless your employer or state pays.
What you get: Department of Labor: "The FMLA provides job-protected leave from work for certain qualifying family and medical reasons." "An eligible employee may take up to 12 workweeks of leave in a 12-month period for" a serious health condition of the employee or the employee's child, parent or spouse; "The birth, adoption, or foster care placement of a child"; or certain military family needs. Covered employers are private employers with 50 or more employees in 20 or more workweeks in the current or previous calendar year, plus all public agencies and all schools. Employees are eligible if they have worked for a covered employer for at least 12 months, have at least 1,250 hours of service in the 12 months before leave starts, and work where the employer has at least 50 employees within 75 miles. Up to 26 workweeks are allowed to care for a seriously injured or ill servicemember. Leave can be taken in pieces when medically necessary. 29 U.S.C. 2612: FMLA leave "may consist of unpaid leave". The employee may choose, or the employer may require, "to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee" for part of the 12 weeks.
Notes: FMLA is federal and protects your job, not your pay. Whether you get paid during leave depends on your employer's policy and on any program your state runs, so check your employer and your state labor department. Many workers at small employers or new hires don't meet the eligibility rules, so check them before you plan your leave.
Evidence grade: A: Specific numbers from meta-analyses, large cohorts or randomized trials; for law and policy, the statute or official text.
Sources: U.S. Department of Labor, Wage and Hour Division. Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fmla （核对的是 web.archive.org 2026年10月9日的存档）
29 U.S. Code § 2612 (leave requirement). https://www.law.cornell.edu/uscode/text/29/2612

Sources checked 2026-10-12

Replaces in the original

Maternity leave is 98 days, and the maternity allowance is paid by the maternity insurance fund at the employer's average monthly wage for the previous year

Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you.