QuickUse Calculator

Calculadora de Licença-Maternidade EUA (FMLA + PFL Estadual)

Licença-maternidade nos EUA. FMLA federal (12 semanas sem pagamento) + Paid Family Leave estadual em 10 estados + DC. Caps semanais 2026 inclusos.

Baseado em 5 fontes oficiais↓

Total paid benefit

$7,000

$875/week × 8 weeks · cap $1681/wk

FMLA weeks

12

PFL weeks

8

PFL %

65%

Unpaid loss

$5,385

60-70% based on income tier; using 65% midpoint.

  • • CA PFL cobre 8 semanas; FMLA garante 12 semanas no total mas as 4 semanas restantes são SEM PAGAMENTO. Perda de renda estimada: $5385.

The United States is the only OECD country without a federal paid maternity leave guarantee. The federal floor — FMLA (Family and Medical Leave Act, 1993) — gives 12 weeks of unpaid, job-protected leave, and only to workers who clear three eligibility tests: 1,250+ hours worked in the last 12 months, employer with 50+ employees, and a worksite with 50+ employees within a 75-mile radius. Roughly 40% of US workers do not qualify under the strict reading.

Paid coverage exists, but only at the state level. Ten states plus DC have enacted Paid Family Leave (PFL) programmes that pay a percentage of weekly wages while you are out: California, New York, New Jersey, Massachusetts, Washington, Oregon, Connecticut, Colorado, Rhode Island, DC, and a couple just rolling out. Replacement rates range from 60% (Rhode Island) to 100% (Oregon, capped). Outside those states, your only legal protection is FMLA — unpaid. This calculator computes what your specific state pays, what FMLA covers, and how much income you lose if PFL falls short of 12 weeks.

How US maternity leave actually works

FMLA federal floor — unpaid only. 12 weeks of job-protected leave for the birth or adoption of a child. Eligibility: 1,250 hours worked in the last 12 months at an employer with 50+ employees within a 75-mile radius. Self-employed, contractors, part-timers under 1,250 hours, and small-employer workers do not qualify.

State PFL programmes — paid. 10 states + DC operate state-funded paid family leave. Funded primarily through employee payroll deductions (CA, NY) or employer-employee shared (NJ, RI). 2026 weekly caps and replacement rates (this calculator):

- California: 8 weeks @ 60-70% (income-tier formula; midpoint 65% used here), cap $1,681/wk

- New York: 12 weeks @ 67%, cap $1,232/wk (67% × NY State Average Weekly Wage)

- New Jersey: 12 weeks @ 85%, cap $1,055/wk

- Massachusetts: 12 weeks @ 80%, cap $1,149.90/wk

- Washington: 12 weeks @ 90%, cap $1,456/wk

- Oregon: 12 weeks @ 100%, cap $1,568/wk (highest replacement rate)

- Connecticut: 12 weeks @ 95%, cap $941/wk

- Colorado: 12 weeks @ 90%, cap $1,100/wk

- DC: 12 weeks @ 90%, cap $1,118/wk

- Rhode Island: 6 weeks @ 60%, cap $1,007/wk

Income loss when PFL < 12 weeks. California pays 8 weeks; FMLA covers 12 weeks unpaid. If you take the full 12, you lose 4 weeks of income. The calculator surfaces this gap explicitly because most planning docs hide it. Rhode Island workers face the largest gap (6 weeks paid, 6 unpaid).

Short-term disability (STD) often stacks. Many employers offer STD insurance covering 6-8 weeks of recovery at 60-100% replacement. STD is separate from PFL and FMLA; this calculator does not model it because employer policies vary too much. Always check what STD your employer offers — for many California/Rhode Island workers, STD makes up the gap between PFL and 12 weeks.

Exemplos práticos

California, $80k income, FMLA-eligible

Cenário: Software engineer in San Francisco, $80k salary, FMLA-eligible (1,250+ hrs at 200-person employer).

Weekly income: $80k/52 = $1,538. PFL: 8 weeks @ 65% = $1,000/wk × 8 = **$8,000 paid**. FMLA covers 12 weeks unpaid. 4 unpaid weeks = $6,154 income loss.

Aprendizado: CA pays $8k for 8 weeks, then FMLA covers the next 4 weeks unpaid. Without employer STD top-up, plan for ~$6k lost income. Many SF tech employers add STD that fills this gap.

New Jersey, $90k income (high earner hits cap)

Cenário: NJ resident, $90k salary at a 100-person company.

Weekly income: $90k/52 = $1,731. PFL: 85% × $1,731 = $1,471 — capped at $1,055/wk. PFL = $1,055 × 12 = **$12,660 paid total**. No FMLA gap (12 weeks PFL = 12 weeks FMLA).

Aprendizado: NJ has the most generous percentage (85%) but a low cap. High earners hit the cap and effectively get ~61% of real income. Still better than CA's 8-week limit at this salary.

Oregon, $60k income (best-case)

Cenário: Oregon teacher, $60k salary, FMLA-eligible.

Weekly income: $60k/52 = $1,154. PFL: 100% × $1,154 = $1,154 (under $1,568 cap). Total = $1,154 × 12 = **$13,848 paid**. No income loss.

Aprendizado: Oregon is the best paid leave in the US — 12 weeks at full pay up to $1,568/wk. Single most generous state programme. Combined with FMLA, full job + income protection for 12 weeks.

Texas (FMLA only, $75k income)

Cenário: Texas worker, $75k salary, FMLA-eligible. Texas has no state PFL.

PFL: $0. FMLA: 12 weeks UNPAID. Income loss: $75k/52 × 12 = **$17,308**.

Aprendizado: In states without PFL, the only protection is unpaid FMLA. Plan financially for ~$17k income loss for a 12-week leave at this salary, or consider STD policies.

Part-time worker, ineligible for FMLA

Cenário: Part-time retail worker, 25 hrs/week (1,300 hrs/year qualifies — borderline). $30k annual.

IF FMLA-ineligible (e.g. employer < 50 employees): NO federal protection. State PFL still applies in some states regardless of FMLA status (California PFL has no FMLA-style hours threshold). Without PFL, the worker depends entirely on employer policy.

Aprendizado: FMLA leaves out roughly 40% of US workers (small employers, part-timers, contractors). State PFL programmes are the safety net — but coverage gaps remain in 39 states.

Edge cases this calculator does not cover

Federal employees and military members fall under separate paid family leave programmes (FEPLA, 12 weeks paid for federal civilian; military maternity leave varies by branch). Federal contractors covered by E.O. 13706 may have additional sick leave rights. This calculator targets private-sector W-2 workers in the 50 states + DC.

State PFL caps and replacement percentages adjust annually (typically January 1). The 2026 figures here will need refresh for 2027. Always cross-check with your state PFL office before relying on the number for major decisions.

Perguntas frequentes

Can I stack STD + PFL + FMLA?▾

Generally yes, but they often run concurrently rather than back-to-back. Typical pattern: STD covers the medical recovery (6-8 weeks of "disability" post-birth), then PFL covers the bonding leave, all running within the FMLA 12-week job-protected window. Confirm your employer's policy — some count STD time against FMLA, some do not.

I work for a small employer. Do I have any leave rights?▾

Federal: no FMLA at employers under 50 employees. State PFL: depends. CA PFL has no employer-size threshold (any worker who has paid into the SDI fund qualifies). Some states pattern after federal exemptions. Check your specific state law.

What about same-sex couples and non-birthing partners?▾

Both FMLA and all state PFL programmes cover bonding leave for any parent regardless of biological connection or sex. Adoption is treated identically to birth. Same-sex partners qualify if legally married or, in some states, in registered domestic partnerships.

Does the employer have to hold my exact job?▾

FMLA requires "the same or equivalent position" with equivalent pay, benefits, and working conditions. State PFL varies — some states explicitly require job protection (CA, NY), others rely on FMLA + employer policy. Check both.

What if I want more than 12 weeks?▾

Beyond FMLA + PFL, you depend on employer policy or unpaid leave. Some employers offer 16-24 weeks paid (typically tech and finance majors). Some allow unpaid extension. Anything over 12 weeks is NOT job-protected at the federal level — your employer is legally allowed to terminate you, though many do not.

How does this compare to other countries?▾

OECD median paid maternity leave: 18 weeks. UK: 39 weeks paid (90% first 6 weeks, then capped flat rate). Canada: 17 weeks @ 55% capped. Sweden: 480 days shared between parents @ 80%. Brazil: 120-180 days @ 100%. The US sits at the bottom of OECD rankings — 0 weeks federally guaranteed paid.

Fontes e referências

Confira cada número desta calculadora nas fontes primárias abaixo.

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