What federal law requires, by company size
| Employees | Law | What it requires |
|---|---|---|
| Any size (most employers) | PUMP for Nursing Mothers Act, part of the Fair Labor Standards Act | Reasonable break time and a private space that is not a bathroom, shielded from view, to pump breast milk for one year after the birth. Employers with fewer than 50 employees can be exempt only if compliance would cause undue hardship. |
| 15 or more | Title VII, as amended by the Pregnancy Discrimination Act | No discrimination based on pregnancy, childbirth or related conditions in hiring, pay, assignments, promotions, benefits or firing. |
| 15 or more | Pregnant Workers Fairness Act (PWFA) | Reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions, including leave to recover from childbirth, unless it would cause undue hardship. |
| 50 or more | Family and Medical Leave Act (FMLA) | Up to 12 weeks of unpaid, job-protected leave for eligible employees, with group health coverage continued. |
None of these laws requires paid leave. FMLA leave is unpaid, and the Department of Labor confirms there is no federal paid sick leave requirement. Pay during maternity leave comes from your own policy, the employee's accrued paid time off, or a state program.
The law small employers most often miss: the PWFA
The Pregnant Workers Fairness Act took effect on June 27, 2023 and covers private employers with 15 or more employees. It is not only about leave. Accommodations can include flexible schedules, telework, temporary changes to duties, and time off, including leave to recover from childbirth.
- You may not require an employee to take leave if another reasonable accommodation would let them keep working.
- You may deny an accommodation only if it would cause undue hardship, meaning significant difficulty or expense.
- A company with 15 to 49 employees has no FMLA obligation, but can still owe leave under the PWFA.
State laws can apply at much smaller sizes
Several states require job-protected leave or pay benefits regardless of how small you are. Two examples:
- California, 5 or more employees: Pregnancy Disability Leave gives up to four months per pregnancy while the employee is disabled by pregnancy or childbirth, with no length-of-service requirement. You must continue group health coverage if you normally pay for it, and reinstate the employee. Separately, the California Family Rights Act (CFRA) gives up to 12 weeks of job-protected leave, including to bond with a new child, to employees with more than 12 months of service and 1,250 hours in the past year. An employee can take both. California's Paid Family Leave pays partial wages for up to 8 weeks through State Disability Insurance.
- New York: Paid Family Leave gives up to 12 weeks of job-protected leave at 67% of the employee's average weekly wage (up to a cap), paid for through employee payroll deductions. Since January 1, 2025, every New York employer must also give 20 hours of paid prenatal leave a year.
Other states run paid family leave programs too. See which states have paid family and medical leave and our California and New York pages.
What a small company can offer
Even where the law asks for little, a clear written policy helps you keep good people and avoids making it up under pressure. Common choices for small companies:
- A set number of weeks at full or partial pay for any new parent, written so it applies the same way to every parent.
- Topping up a state benefit so the employee gets closer to full pay.
- Keeping the company share of health insurance going during unpaid leave.
- A gradual return: part-time hours or remote days for the first weeks back.
- A ready plan for pumping breaks and a private space before the employee returns.
When an employee tells you they are pregnant
- Ask what they need now. If you have 15 or more employees, the PWFA requires reasonable accommodations for known limitations, so start the conversation early.
- Check which laws apply: your headcount (5, 15, 50) and the state where they work.
- Explain their options in writing: company leave, accrued PTO, any state benefit, and FMLA if you are covered.
- Agree on expected dates and how they will keep you posted. Under the FMLA, 30 days of notice is expected for leave that can be planned, when possible.
- Plan the payroll changes for the leave and the return, and keep health coverage in place.
- Where the FMLA or a state law protects the job, bring them back to the same or an equivalent position, and have break time and a private space ready for pumping.
Common mistakes
- Assuming "under 50 employees" means no obligations. The PWFA and Pregnancy Discrimination Act start at 15, and some state laws at 5.
- Putting a pregnant employee on leave they did not ask for when another accommodation would let them keep working.
- Using a bathroom as the pumping space.
- Offering bonding leave to some parents and not others.
Common questions
Do I have to hold a job open if I have fewer than 15 employees?
Federal law does not require it at that size, but some states do. In California, for example, Pregnancy Disability Leave applies at 5 or more employees and includes the right to return.
Do I have to pay employees during maternity leave?
Not under federal law. Some states pay benefits through an insurance program, such as California and New York, so the employee can receive pay without you paying it directly.
Do I need a lactation room?
Most employers must give break time and a private space other than a bathroom for one year after the birth. Employers with fewer than 50 employees can be exempt only if it would cause undue hardship.
How MambaHR handles this
MambaHR keeps your headcount and each employee's work state on file, checks federal FMLA eligibility when leave is requested, and cites the state paid-leave programs that apply, sending them to a person to decide how they combine. The leave and the return become payroll changes for a person to approve, and every change is logged.
Sources
- DOL: Pumping breast milk at work
- DOL: Fact Sheet #73, FLSA protections for employees to pump breast milk at work
- EEOC: Pregnancy discrimination and pregnancy-related conditions
- EEOC: What you should know about the Pregnant Workers Fairness Act
- DOL: Fact Sheet #28, The Family and Medical Leave Act
- DOL: Fact Sheet #28I, Calculation of leave
- DOL: Fact Sheet #28E, Employee notice requirements
- DOL: Sick leave
- California CRD: Pregnancy Disability Leave fact sheet
- California CRD: Family care and medical leave and pregnancy disability leave
- California EDD: Paid Family Leave
- New York Paid Family Leave: Employees
- New York Labor Law 196-B (paid prenatal leave)
Last reviewed October 2, 2026. This page is general information, not legal advice. Laws change and exceptions apply, so check the sources above or an employment lawyer before you act on a specific case.