Most people in the U.S. start maternity leave somewhere between 36 weeks pregnant and their due date, but there’s no single “right” time. The answer depends on your health, your job’s physical demands, your employer’s policies, and how much paid or unpaid leave you can afford. Since the U.S. has no federal requirement to start leave at a specific point in pregnancy, the timing is largely up to you and your doctor.
What Federal Law Actually Guarantees
The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for eligible employees. To qualify, you must have worked for your employer for at least 12 months, logged at least 1,250 hours in the past year, and work at a location where the employer has 50 or more employees within 75 miles. That’s a lot of qualifying criteria, and it leaves out a significant chunk of the workforce.
FMLA leave can begin before your due date if you’re medically unable to work, or you can save all 12 weeks for after delivery. The law doesn’t dictate when you start. You do need to give your employer reasonable notice, ideally as soon as you know your planned leave dates. You don’t have to use the words “FMLA leave” specifically, but you need to share enough information for your employer to understand the leave qualifies.
One important detail: FMLA leave is unpaid. Many people can’t afford to take weeks off before delivery because it eats into the limited time they’ll have with their newborn afterward.
Paid Leave Varies Widely by State
Thirteen states and the District of Columbia currently have paid family and medical leave programs. If you live in one of these states, you may have access to partial wage replacement for several weeks before and after birth. The duration and pay rate differ by state, so check your state’s specific program.
Outside of state programs, paid maternity leave depends entirely on your employer. Some companies offer six to twelve weeks of paid leave, while others offer nothing beyond what’s legally required. If your employer provides short-term disability insurance, that can serve as a form of paid leave, but these policies typically have a waiting period (called an elimination period) before benefits kick in. That waiting period ranges from 30 days to 90 days for most plans. A 90-day waiting period is the most common option because it balances cost with coverage, but it means you won’t receive a payment until well after your leave begins.
When Your Job Is Physically Demanding
If your work involves heavy lifting, prolonged standing, or repetitive bending, you may need to stop or modify your duties earlier than someone with a desk job. The CDC recommends that pregnant workers consider reducing or avoiding heavy lifting from the floor, lifting overhead, stooping or squatting frequently, and standing for three or more hours at a stretch. These guidelines become more relevant as pregnancy progresses and the physical strain increases.
The Pregnant Workers Fairness Act, which took effect in June 2024, requires employers with 15 or more employees to provide reasonable accommodations for pregnancy-related limitations. That could mean lighter duties, more frequent breaks, or a temporary change in responsibilities. Crucially, your employer cannot force you to take leave if a different accommodation would allow you to keep working. This law gives you leverage to stay on the job longer if you want to, even in a physically demanding role, by requesting modifications instead of being pushed out early.
Health Reasons That Move the Timeline Up
Certain pregnancy complications make it medically necessary to stop working earlier than planned. Conditions like placental problems, preeclampsia, preterm labor risk, or severe pregnancy-related nausea can all require bed rest or reduced activity weeks before your due date. If your doctor recommends you stop working early, this typically qualifies as a serious health condition under FMLA and may also trigger short-term disability benefits.
Even without a specific complication, the final weeks of pregnancy bring fatigue, discomfort, and difficulty concentrating that can make full-time work genuinely hard. Some people plan to work until their due date and find they need to stop at 37 or 38 weeks. Building a buffer of a week or two into your plans is practical, not a sign of weakness.
How Other Countries Handle It
For perspective, many countries mandate that leave begin before the baby arrives. Germany requires six weeks of pre-birth leave as part of its 14-week maternity leave package. Chile mandates six weeks before birth out of 18 total weeks. Colombia requires at least one week before the due date. These mandatory pre-birth periods exist because the final weeks of pregnancy are recognized as a time when rest directly benefits both the parent and the baby. The U.S. is an outlier in leaving this decision entirely to individuals and employers.
Planning Your Transition at Work
Regardless of when you plan to stop working, start preparing your workplace handover early. A good rule of thumb is to work backward from your target last day and build in several weeks for the transition. Begin compiling handover notes as soon as you start planning, not during your last week. Document your ongoing projects, recurring responsibilities, and key contacts so whoever covers for you isn’t starting from scratch.
Schedule brief meetings with colleagues and your manager to map out who will handle what. If a temporary replacement is being hired, find out how much overlap you’ll have to train them. Stagger these handover activities over several weeks rather than cramming everything into the final days. This prevents overwhelming your coworkers and gives everyone time to ask questions. It also protects you: if the baby comes early, the essential information is already documented.
A Practical Timeline to Work From
Here’s a rough framework many people find helpful:
- Around 12 to 14 weeks: Notify your employer and HR. Review your company’s leave policy, FMLA eligibility, and any short-term disability coverage.
- Around 28 weeks: Start your handover documentation. Talk to your doctor about any physical limitations that might affect your work schedule in the third trimester.
- Around 34 to 36 weeks: Finalize your transition plan. Train your replacement or colleagues on critical tasks. Set an out-of-office message draft and wrap up loose ends.
- 36 to 40 weeks: Most people begin leave somewhere in this window. Those with uncomplicated pregnancies and desk jobs often work until 39 or 40 weeks. Those with physical jobs, long commutes, or pregnancy complications may stop at 36 to 37 weeks.
The “best” time to go on maternity leave is the point where the benefit of extra income and saved leave days no longer outweighs the toll on your body and mental energy. That calculation is different for everyone. What matters most is having a plan, communicating it clearly, and giving yourself permission to adjust it if your pregnancy has other ideas.