Bill Proposal: The Comprehensive Maternity Leave and Breastfeeding Support Act

Health
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Section 1: Title

This Act shall be known as the Comprehensive Maternity Leave and Breastfeeding Support Act.

Section 2: Purpose

The purpose of this Act is to provide comprehensive support for new mothers and all workers through:

  • Universal Paid Maternity Leave: Offering 12 months of paid maternity leave at 100% salary to all eligible individuals, regardless of employer size or employment duration.
  • Breastfeeding Support: Ensuring in-home breastfeeding support for mothers during the first six months postpartum.
  • Comprehensive Health Insurance Coverage: Guaranteeing health insurance coverage for antepartum (before birth) and postpartum (after birth) care, including mental health support, lactation consultations, and recovery services.

This bill seeks to improve maternal health, infant well-being, and family stability by providing equitable access to paid family leave, healthcare, and breastfeeding support, while drawing inspiration from successful international models and recognizing the economic diversity across U.S. states.

Section 3: Definitions

  • Maternity Leave: Paid time off from work granted to a mother following childbirth to recover physically, bond with the child, and manage responsibilities as a new parent.
  • Breastfeeding Support: Services provided by trained professionals to assist mothers in breastfeeding, including guidance, education, and in-home visits.
  • In-Home Support: Assistance provided to a mother at her residence by qualified breastfeeding counselors or lactation consultants to ensure successful breastfeeding practices.
  • Paid Leave: Compensation for time off from work, where the employee receives full salary while on leave.
  • Antepartum Care: Medical care provided to a mother during pregnancy, including prenatal visits, screenings, and tests.
  • Postpartum Care: Medical care provided to a mother following childbirth, including follow-up visits, mental health screenings, breastfeeding support, and recovery monitoring.

Section 4: Paid Maternity Leave Provisions

  1. Paid Maternity Leave Duration
    Eligible individuals will be entitled to 12 months of paid maternity leave at 100% salary following the birth of a child. The leave may be taken in full or staggered based on the individual’s needs and preferences.
  2. Eligibility for Paid Leave
    All individuals who have contributed to the state-administered paid leave fund (through payroll taxes) for a minimum period of 12 months (across any employers) will be eligible for paid maternity leave. This removes the need for a specific employer-based employment duration requirement, ensuring all qualifying workers have access to benefits.
  3. Universal Access to Paid Leave
    No employer shall be exempt from this law based on the size of their workforce. All workers, regardless of whether their employer has 50 or more employees, will be entitled to the same paid leave benefits under this Act. This ensures that every woman who has paid into the state fund has access to maternity leave, irrespective of their employer’s size.
  4. State Funded, Payroll Tax-Based System
    This system will be funded through payroll taxes that are paid by both employees and employers into a state-managed fund. Contributions to this fund will be required for all workers, not tied to any specific employer. Individuals who have paid into the fund will be eligible for paid maternity leave benefits, ensuring equitable access regardless of current employer.
  5. Job Protection
    Individuals on maternity leave are guaranteed the right to return to the same or an equivalent position with the same pay, benefits, and working conditions upon completion of their leave.

Section 5: In-Home Breastfeeding Support

  1. Eligibility for Breastfeeding Support
    All individuals receiving paid maternity leave under this Act will be eligible for in-home breastfeeding support.
  2. Breastfeeding Support Services
    Eligible individuals will receive up to 8 in-home visits from a certified lactation consultant or breastfeeding counselor during the first six months postpartum.
  • In-home visits will be available as early as 1-2 days postpartum, based on the individual’s needs and preferences.
  • Support will include education on breastfeeding techniques, assistance with latch and positioning, troubleshooting issues like milk supply, and guidance on pumping and storage.
  • Emotional support will be provided to individuals facing challenges with breastfeeding or adjusting to new motherhood.
  1. Professional Standards
    In-home breastfeeding support will be provided by professionals accredited by recognized organizations such as the International Board of Lactation Consultant Examiners (IBLCE).

Section 6: Health Insurance Coverage for Antepartum and Postpartum Care

  1. Antepartum Care Coverage
    Health insurance plans (including employer-sponsored plans, Medicaid, and other public or private insurance) will provide comprehensive coverage for all antepartum care for pregnant individuals. This coverage includes, but is not limited to:
  • Regular prenatal visits, screenings, and tests.
  • Maternal health assessments, including monitoring for high-risk conditions such as preeclampsia, gestational hypertension, and preterm labor.
  • Mental health screenings and counseling, as needed.
  1. Postpartum Care Coverage
    Health insurance providers must cover postpartum care for 12 months following childbirth, including:
  • Follow-up visits: At least one postpartum visit within the first six weeks after childbirth, including physical recovery assessments, mental health screenings (e.g., postpartum depression), and overall maternal health evaluations.
  • Mental health care: Comprehensive coverage for therapy and counseling services for postpartum depression and other maternal mental health conditions.
  • Breastfeeding support: Coverage for lactation consultations, whether in-person or virtual, for the first six months postpartum, including up to 8 in-home or telehealth consultations.
  • Birth control counseling: Information and support for family planning options, including contraceptive counseling.
  • Physical recovery: Postpartum rehabilitation services, such as pelvic floor therapy, as needed.
  1. Expanded Medicaid Coverage
    For individuals who qualify for Medicaid, postpartum care will be extended to 12 months from the date of childbirth, ensuring continuous access to medical care, mental health services, and breastfeeding support.
  2. Employer-Sponsored Health Insurance Requirements
    Employers providing health insurance must ensure their plans cover all antepartum and postpartum care as outlined above, with no out-of-pocket costs for services related to childbirth, including lactation counseling, mental health screenings, and follow-up care.

Section 7: Funding and Administration

  1. Funding
    This Act will be funded through a combination of:
  • Payroll tax contributions from employers and employees into a state-managed paid leave fund.
  • Federal and state funds to support the administration of healthcare coverage and support services.
  • Health insurance providers will cover the increased costs of antepartum and postpartum care as mandated by this Act.
  1. Administration
    The Department of Health and Human Services (DHHS) will oversee the implementation of antepartum and postpartum care provisions. States will manage the distribution of benefits and ensure compliance with the federally mandated guidelines.

Section 8: Employer Responsibilities

  1. Communication and Documentation
    Employers must inform employees about their rights to maternity leave, breastfeeding support, and health insurance coverage for antepartum and postpartum care, at the time of hiring and whenever family leave is requested.
  2. Workplace Accommodations
    Employers must provide appropriate accommodations for breastfeeding employees upon their return to work, including:
  • Private spaces for pumping.
  • Sufficient break times to accommodate breastfeeding or pumping.

Section 9: State-Run Fund Model with Federal Mandates

  1. State Fund Administration
    Each state will administer the paid maternity leave and breastfeeding support system via a state-run fund, funded by payroll taxes from employers and employees. This system will allow access to paid maternity leave for all workers who have contributed, irrespective of their employer or job status.
  2. Federal Guidelines and Flexibility
    Federal guidelines will set minimum standards for paid maternity leave, breastfeeding support, and antepartum/postpartum care. States may adapt the specifics of their program (such as employer contribution rates or benefit levels) based on local economic conditions, ensuring fairness while accommodating state-level diversity.

Section 10: Comparison to International Models

This Act draws on global best practices, particularly from European countries:

  • Sweden: Offers 480 days of paid leave (16 months) at 80% of wages for the first 390 days.
  • Germany: Offers 14 weeks of paid leave (100% wage replacement).
  • France: Offers 16 weeks of paid leave, with full wage replacement.

Section 11: Effective Date

This Act shall take effect on January 1, 2025, with employers required to begin offering the benefits outlined in this bill starting from that date.

Section 12: Severability

If any provision of this Act is found to be invalid, the remainder of the Act will remain in effect.

Section 13: Conclusion

This bill is a significant step forward in supporting maternal and infant health in the U.S. by ensuring universal access to paid maternity leave and comprehensive healthcare for all workers, regardless of employer size or employment history. By creating a state-managed payroll tax-funded system, this proposal guarantees that no woman is excludedfrom receiving the care and benefits she needs, while promoting fairness, sustainability, and flexibility to accommodate the diverse needs of states.

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Great job! So important to women’s health and infant health :heart:

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Thanks so much, I believe it is imperative! I hope Pres. Trump, VP Vance, and RFK respond!

Sincerely,

A Mother and Registered Nurse

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This is a must! Most European countries have extensive maternity leave; why don’t we have this?

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If this is federally mandated it would be helpful to all mothers. Men should also be given time as well - not as long as the mother since we are the sole provider for the baby’s life (ie breastfeeding). But there needs more bonding time.

I say federally bc I had a baby in July. My insurance was “100% covered” but I’m still left with an ultrasound bill, a delivery bill for taking up my doctor’s time, and a hospital bill for the delivery and 2 day stay. My state did not have short term disability. I could only afford to be out 6 weeks before I was forced to return back to work. It was a huge adjustment and I had some mental breakdowns taking care of my 4yo, this new baby, and being on calls for 8 hours a day dealing with people who are at most times mentally damaging to myself and my coworkers.

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As a mother to 4 children, I disagree with a few things.

  1. No employer should be exempt from this bill based on standard guidelines of “50 or more” employees. EVERY women deserves paid maternity if they’ve put in the work, regardless of employer size.
  2. These should be STATE run programs, but federally mandated with FAIR & MINIMUM guidelines each state is required to follow. I’m sorry but you cannot implement such a program on a massive scale like they do in Europe, and it be fair for every individual. Cost of living is drastically different in each state.
  3. There should be no “minimum” amount of time someone is employed in order to receive these benefits because they should NOT be tied to a current employer. For example, look at Minnesota, their program operates in the same way as the states unemployment system. That way, you still leave accountability to the individual TO WORK in order to get paid leave, and taking the power away from companies that tend to favor against paying someone that isn’t actually working anyway. Employers and Employees pay into a state fund via payroll tax that everyone who pays can draw from for a QUALIFYING medical event, not just having a baby.

Everything else is fantastic. There needs to be more protections for women in the workforce and we need to stop being looked down upon as burdensome For creating life.

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NO. The government should never mandate benefits that employers must offer. It is a very good idea for employers who want to attract good talent, but it should never be a mandate.

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Yes. As an independent, I’m calling on Republicans to put their money where their mouths are. If you are decrying the demise of the American family, then you need to put in place support to help families stay strong. Many women (or men) would love to stay home more and be given that time with their child to ensure proper bonding and that they are thriving.

This isn’t socialism, this is putting families first, this should be something you should be gungho on that fits with your values. I’d rather have my tax dollars go to support this than a useless war. This would help make America stronger

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I agree. Will edit to make these changes!

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Edited! Thanks for your feedback, it was an oversight! I incorporated these wonderful recommendations.

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I love this idea, but I fear it would be bad for small businesses.

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I’m sorry
Although this sounds fantastic.
How about some reality.
I cannot even imagine how or devastating this would be to small businesses or how badly it would be taken advantage of.
However - I could see the fed given tax breaks and or other incentives to companies that offered these benefits

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Love this. However it may hurt small businesses. Another option is to have insurance companies over 50% of the pay and employers cover the other 50%

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This would be great in theory, but this would literally bankrupt small businesses and then we would only have large corporations because they’re the only ones that could sustain this… And make no mistake about it that would cause the price of the goods and services to go up in order for them to be able to afford it with large corporations.

The better idea is to marry your husband that can support their wife and children without that additional income and then you can stay home with your baby and breast-feed like I did🤷🏼‍♀️

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Because they have a socialist government structure

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Paid Maternity Leave for 12 Months Would Not Hurt Small Businesses

  1. Increased Employee Retention and Productivity
    Offering paid maternity leave, especially for 12 months, can actually improve employee retention rates. When businesses provide paid leave, employees are more likely to return after childbirth, reducing turnover and the associated costs of recruiting and training new staff. Retained employees are already familiar with the business processes and culture, allowing for a smoother transition back to work and greater long-term productivity.
  2. Attracting Top Talent
    Paid maternity leave for 12 months can make a small business more competitive in attracting highly skilled employees. Today’s job market is increasingly competitive, and many workers prioritize comprehensive benefits, including parental leave. A robust maternity leave policy could give small businesses an edge in hiring and retaining talent, particularly in industries where specialized knowledge and experience are essential.
  3. Government Support and Tax Benefits
    In many countries, governments offer financial assistance, tax credits, or subsidies to businesses that provide paid parental leave. These programs are designed to mitigate the financial impact on small businesses, making it easier for them to offer generous leave without severely hurting their bottom line. Small businesses can also explore tax breaks or incentives tied to maternity leave policies, helping to offset the initial costs.
  4. Improved Employee Health and Well-being
    Paid maternity leave supports the physical and mental health of employees, leading to better long-term outcomes for both mothers and children. Healthier employees are less likely to require extended medical leave later on, reducing the overall costs related to absenteeism and healthcare. A healthy, supported workforce is also likely to be more engaged and motivated when they return to work, leading to higher productivity.
  5. Short-Term Adjustments, Long-Term Benefits
    While a 12-month paid maternity leave policy may require short-term adjustments (e.g., temporary hiring or staff reallocation), these challenges are not insurmountable. Many small businesses already manage temporary absences due to illness, vacation, or other family leave. With planning and resource management, small businesses can successfully navigate the temporary absence of a key employee while also maintaining operations and providing meaningful support to their workforce.
  6. Public Relations and Employer Brand
    A generous maternity leave policy can help small businesses build a positive public image as an employer who values family, work-life balance, and employee well-being. This can foster strong loyalty among employees and goodwill within the community, enhancing the reputation of the business. Customers and clients are increasingly drawn to companies with ethical practices, and offering paid maternity leave positions small businesses as socially responsible and progressive employers.
  7. Flexibility and Cost Control
    Small businesses can implement flexible structures for paid maternity leave, such as a tiered compensation system (e.g., offering full pay for a portion of the leave and partial pay for the remainder), or phased return-to-work programs. This flexibility allows businesses to tailor the policy to their financial capacity while still offering significant support to their employees. In addition, small businesses could offset costs by temporarily hiring part-time or freelance workers to cover for employees on maternity leave, rather than incurring the full cost of additional full-time employees.
  8. Evidence from Other Countries
    Countries like Sweden, Norway, and Canada, where paid maternity leave is a standard practice, have not only seen higher rates of female workforce participation but have also seen minimal negative impacts on small businesses. In these countries, businesses of all sizes have adapted to parental leave policies, benefiting from the broader societal impacts of a healthier, more balanced workforce. The availability of paid leave has contributed to stronger economic growth, as employees are better able to balance work and family responsibilities.

In conclusion, while a 12-month paid maternity leave policy may initially seem like a financial burden for small businesses, the long-term benefits in terms of employee retention, productivity, and talent attraction, coupled with government support and tax benefits, can more than offset any initial costs. Far from hurting small businesses, such a policy can create a more loyal, engaged, and productive workforce, ultimately contributing to business success.

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Paid Maternity Leave for 12 Months Would Not Harm Small Businesses

  1. Enhanced Employee Loyalty and Reduced Turnover
    Providing paid maternity leave for 12 months can actually strengthen a small business’s workforce. When employees are given paid leave, they are more likely to return after their time off, which means lower turnover rates. The costs associated with employee turnover—such as hiring, training, and onboarding new staff—are often much higher than the cost of offering paid leave. By retaining experienced employees, businesses reduce these costs and maintain a more stable, skilled workforce.
  2. Attracting and Retaining Top Talent
    A generous paid maternity leave policy can make a small business more appealing to potential employees. In today’s competitive job market, many people are looking for benefits that support family life, and offering extended paid leave can help a business stand out. Small businesses that provide such benefits can attract highly qualified candidates, especially in sectors where specialized expertise is critical. Retaining top talent becomes easier when employees know their employer offers meaningful support during life’s major milestones.
  3. Government Support and Financial Relief
    Many governments offer programs to help businesses, especially small ones, bear the costs of paid maternity leave. These may include subsidies, tax credits, or grants designed to offset the financial impact of extended leave policies. In some countries, businesses receive direct financial assistance for each employee on maternity leave, which can significantly reduce the burden on small businesses. These incentives make it easier for businesses to provide paid leave without risking their financial stability.
  4. Healthier Employees and Reduced Absenteeism
    Paid maternity leave helps employees recover physically and emotionally after childbirth, leading to healthier and more productive workers in the long run. A healthier workforce translates to fewer sick days and lower medical expenses. When employees feel supported during a critical time in their lives, they’re more likely to return to work with higher morale and greater commitment. In contrast, employees who are denied sufficient maternity leave may face physical or mental health challenges that result in more frequent absenteeism or the need for longer periods of leave in the future.
  5. Manageable Short-Term Disruptions
    While it’s true that small businesses may experience temporary disruption when an employee goes on leave, these challenges are often manageable. Small businesses already deal with temporary absences due to sickness, vacations, or family emergencies. With proper planning, such as cross-training staff or hiring temporary replacements, a small business can maintain its operations during an employee’s maternity leave. The flexibility to structure leave around the business’s needs ensures that the impact on day-to-day operations is minimal.
  6. Positive Public Image and Employer Branding
    Offering paid maternity leave enhances a business’s reputation as a family-friendly employer. This positive image can attract not only talented employees but also customers who value companies that care about their employees’ well-being. In a world where consumers are increasingly choosing to support businesses with ethical practices, offering paid maternity leave can build customer loyalty and strengthen a business’s brand. Moreover, employees who feel supported are more likely to advocate for their employer, turning them into brand ambassadors.
  7. Flexible Solutions and Cost Management
    Small businesses have the flexibility to create maternity leave policies that suit their budget. For example, they could offer full pay for the first few months of leave, followed by partial pay for the remainder. Additionally, businesses could consider phased return-to-work options or temporary part-time help to cover duties during the employee’s absence. These options allow small businesses to balance the cost of paid leave while still offering robust support to their employees, ensuring that both financial concerns and employee well-being are addressed.
  8. Success Stories from Other Countries
    Several countries with extensive paid maternity leave policies—such as Sweden, Norway, and Canada—show that such benefits do not harm businesses, even small ones. In fact, these countries have seen higher rates of female workforce participation and overall economic stability. By ensuring employees have access to paid parental leave, these nations have demonstrated that businesses of all sizes can thrive while supporting employees during crucial life events. This proves that offering paid maternity leave can lead to a more engaged and productive workforce without undermining business success.

In summary, a 12-month paid maternity leave policy would likely have minimal negative effects on small businesses. In fact, the long-term advantages—such as improved employee retention, lower recruitment costs, a more engaged workforce, and potential government support—far outweigh any temporary financial challenges. With proper planning and flexibility, small businesses can offer generous leave without jeopardizing their financial health, and they may even see a boost to their overall productivity and growth.

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Offering 12 months of paid maternity leave would not harm small businesses in the long run. It can actually improve employee retention by reducing turnover costs, as workers are more likely to return after having time off. Small businesses can also attract top talent by offering competitive benefits that appeal to potential employees, particularly those seeking family-friendly policies. In many places, governments offer financial support or tax incentives to offset the costs of paid leave, easing the burden on small businesses.

Additionally, paid maternity leave helps maintain employee health and well-being, reducing the likelihood of future absenteeism. Short-term disruptions from employee absences can be managed with temporary staff or flexible arrangements, and businesses can structure leave to fit their budget, such as offering partial pay after a certain period. By offering such benefits, businesses can enhance their reputation as family-friendly employers, which can attract both talented employees and loyal customers.

Countries with generous maternity leave policies show that businesses of all sizes can thrive while offering extended leave. Ultimately, the long-term benefits—like better employee loyalty, productivity, and a stronger brand—far outweigh the initial costs, making paid maternity leave a smart investment for small businesses.

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Providing 12 months of paid maternity leave is not a form of socialism but rather a smart business practice that can benefit small companies. It helps reduce employee turnover by encouraging workers to return after their leave, which cuts recruitment and training costs. Small businesses can also attract top talent by offering benefits that are increasingly expected in today’s competitive job market. Moreover, many governments provide financial assistance or tax breaks to ease the financial burden on businesses, making paid leave more affordable for employers.

Rather than being a government-imposed entitlement, paid maternity leave is a voluntary investment by businesses in their employees’ well-being. It supports healthier, more productive workers who are likely to be more loyal in the long run. Temporary staffing solutions or flexible leave structures allow businesses to manage short-term absences without significant disruption to their operations. Additionally, offering paid maternity leave can improve a business’s reputation as an employer of choice, attracting both skilled workers and loyal customers.

Countries with strong maternity leave policies show that businesses can thrive without resorting to socialism, as long as they are able to plan and manage the financial implications. In the end, businesses that offer paid leave are likely to see returns in the form of higher productivity, better employee engagement, and stronger brand loyalty—benefits that ultimately outweigh the upfront costs.

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While the idea of government-mandated benefits may seem like an overreach, the argument against mandating paid maternity leave fails to consider the broader benefits that such a policy offers to both businesses and employees. Here are some key points to consider:

  1. Ensuring Fairness Across Businesses
    Voluntary maternity leave policies often lead to disparities between large corporations and small businesses, where smaller companies might struggle to offer competitive benefits. A mandate ensures that all businesses, regardless of their size, are on a level playing field when it comes to attracting and retaining top talent. This helps prevent larger companies from gaining an unfair advantage simply because they can afford to provide benefits that small businesses cannot.
  2. Cost Savings Over Time
    While paid maternity leave might initially seem like an added expense for businesses, the long-term financial benefits are substantial. Companies that offer paid leave experience lower employee turnover, which reduces hiring and training costs. Furthermore, employees who take maternity leave and return to work are often more loyal and productive, which helps improve overall business performance. In this sense, paid maternity leave is an investment in the long-term success of the business.
  3. Government Support Makes it Feasible
    In many countries where paid maternity leave is mandatory, the government provides financial assistance to ease the burden on businesses, especially smaller ones. This support might come in the form of tax incentives, subsidies, or direct financial relief to offset the costs of providing paid leave. This ensures that businesses are not left to shoulder the full burden themselves and makes it much easier for small businesses to implement a policy that benefits both employees and employers.
  4. Supporting Economic Growth
    Paid maternity leave can help boost overall economic productivity. When parents—especially mothers—receive the time they need to recover and bond with their children, they are more likely to return to work fully engaged and less likely to face burnout. This leads to higher workforce participation and overall economic growth. By mandating paid maternity leave, the government is investing in the future workforce and creating a more balanced and productive economy.
  5. Aligning with Employee Expectations
    Today’s workforce increasingly views paid maternity leave as a basic expectation, not a luxury. Offering such benefits helps businesses stay competitive in attracting and retaining talent. If paid leave is not mandated, companies that fail to offer it risk losing valuable employees to competitors who do. By making paid maternity leave a requirement, businesses can avoid losing skilled workers and ensure they are offering benefits that workers now expect.
  6. Reducing Long-Term Health and Absenteeism Costs
    Offering paid maternity leave helps ensure that employees, especially mothers, recover physically and mentally, which in turn reduces long-term health issues and absenteeism. Employees who return to work after a proper recovery period are less likely to experience burnout or require additional time off due to stress or health problems. This proactive approach to employee well-being can save businesses money in the long run, both in terms of healthcare costs and unplanned absenteeism.

In conclusion, while mandating paid maternity leave might initially seem like a burden, it is actually an important step toward creating a fairer, healthier, and more productive workforce. The policy helps businesses by reducing turnover, attracting talent, and improving employee loyalty. With government support to offset the costs, paid maternity leave can be a win-win for businesses of all sizes, not a financial strain

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