United States (US)
The United States is a federation of 50 states and the District of Columbia spanning six time zones from the Atlantic to the Pacific, plus Alaska and Hawaii.
Family Rights & Benefits
Maternity, parental leave and child benefits in United States.
The United States has no federal paid parental leave — making it one of very few OECD countries without national paid leave for new parents. The Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid, job-protected leave per year for qualifying employees of employers with 50+ staff, but only after 12 months of service and 1,250 hours worked. As of 2026, 14 states and DC have active state paid family leave (PFL) programmes: California, New York, New Jersey, Washington, Connecticut, Massachusetts, Oregon, Colorado, Maryland, Maine, Delaware, and Minnesota have active programmes; Rhode Island has a TDI-based programme; Virginia enacted paid family and medical leave in April 2026 (contributions begin 2028). Child-related benefits flow through tax credits (Child Tax Credit, EITC), means-tested programmes (WIC, SNAP, TANF), and childcare assistance schemes.
FMLA Unpaid Leave / State Paid Family Leave (PFL) Programmes
Before birth: FMLA allows unpaid leave before the due date if medically necessary, counted against the 12-week annual total. State PFL programmes vary: California PFL pays 70–90% of wages for up to 8 weeks; New York PFL pays 67% of wages for 12 weeks. Some employers provide short-term disability insurance (STD) covering 6–8 weeks of partial pay for normal birth recovery.
After birth: 12 weeks total FMLA leave combined (unpaid, job-protected). State PFL: California 8 weeks at 70–90%, New York 12 weeks at 67%, New Jersey 12 weeks at 85%, Washington 12 weeks at 90%, Massachusetts 12 weeks at 80%. Employer-provided paid maternity leave is increasingly common in tech and finance (6–20 weeks fully paid) but remains rare in retail, hospitality, and small businesses.
Job protection: FMLA guarantees return to the same or an equivalent position with same pay, benefits, and seniority. Employer must maintain health insurance during leave. State PFL programmes also provide job protection in most participating states. Pregnancy Discrimination Act prohibits dismissal based on pregnancy. 2023 Pregnant Workers Fairness Act requires reasonable accommodations.
FMLA Bonding Leave / State Paid Family Leave
Max duration: 12 weeks unpaid FMLA for bonding with a new child (birth, adoption, or foster placement) within 1 year. State paid leave varies: California and Washington offer up to 12 weeks at partial wage replacement; Colorado and Oregon offer 12 weeks. Paternity leave specifically is covered under the same FMLA and state PFL provisions.
Split rules / Elterngeld: Each parent is independently entitled to 12 weeks FMLA if both work for FMLA-covered employers. Exception: if both parents work for the same employer, they must share 12 weeks combined for the birth/adoption of a child. State PFL programmes allow each parent to claim their own benefit.
Benefits
Child Tax Credit (CTC)
$2,000 per qualifying child under 17 for 2026. Up to $1,700 is refundable (Additional Child Tax Credit) — meaning low-income families can receive it even if they owe no tax. Phases out at $400,000 married-filing-jointly / $200,000 single.
Duration: Annual, claimed on federal tax return (Form 1040). Continues until child turns 17.
Eligibility: Qualifying child must be under 17 at year-end, US citizen/national/resident alien with Social Security Number, lived with you 6+ months, claimed as dependent, not provide more than half their own support.
How to apply: Claimed on Form 1040 federal tax return. Use Schedule 8812 to calculate. File by April 15 (or October 15 with extension). IRS free file available at irs.gov/freefile.
Expanded temporarily to $3,000–$3,600/child for 2021 only. Ongoing congressional proposals to expand. Some states (CA, NY, CO, MN, NM) offer additional state CTCs.
Earned Income Tax Credit (EITC)
Up to $7,830/year for 3+ children in 2026 (amount varies by income and family size). Fully refundable. Maximum income limits ~$66,819 married-filing-jointly with 3+ kids.
Duration: Annual, claimed on federal tax return.
Eligibility: Earned income below threshold, valid SSN, US citizen or resident alien all year, investment income below $11,600, filing status not Married Filing Separately (with some exceptions).
How to apply: Claimed on Form 1040 with Schedule EIC. IRS EITC Assistant online helps determine eligibility. Many free tax prep services (VITA, TCE) help low-income filers claim EITC.
1 in 5 eligible families do not claim EITC. Several states offer supplemental state EITCs (NY, CA, CO, MA, etc.).
Dependent Care FSA
Up to $5,000/year pre-tax (per household, not per child). Can save $1,500–$2,000 in federal/state taxes for those in higher brackets.
Duration: Annual benefit; must use funds within the plan year (some plans allow 2.5-month grace period).
Eligibility: Employees whose employer offers an FSA. Funds reimburse qualifying childcare costs for children under 13 while you work.
How to apply: Enrol during your employer's open enrolment period (typically October–December for calendar year). Must re-elect annually. Submit receipts for reimbursement through the FSA administrator.
Cannot be combined with the full Child and Dependent Care Tax Credit — choose the most beneficial option.
WIC (Women, Infants, and Children)
Monthly food package or eWIC card worth $60–$100/month per participant. Also includes nutrition education and breastfeeding support.
Duration: Pregnant women during pregnancy and up to 6 months postpartum (non-breastfeeding) or 12 months (breastfeeding). Infants up to age 1. Children up to age 5.
Eligibility: Household income at or below 185% of federal poverty line (~$57,720 for family of 4 in 2026). Categorical eligibility: pregnant, postpartum, breastfeeding, infant, or child under 5. Must be US resident — immigration status varies by state.
How to apply: Contact your state WIC agency via fns.usda.gov/wic/contact. Book appointment at local WIC clinic. Bring proof of income, identity, and residence. Nutritional assessment at appointment.
WIC is generally available to non-citizens regardless of immigration status without public charge concerns. Pregnant immigrants can safely apply.
SNAP (Supplemental Nutrition Assistance Program / Food Stamps)
Maximum benefit $975/month for family of 4 (2026 figures); varies by household size and income. Loaded onto EBT card usable at most grocery stores.
Duration: Monthly benefit, recertification typically every 6–12 months.
Eligibility: Gross monthly income at or below 130% of federal poverty line (net 100%). Asset limits apply in most states. Work requirements for able-bodied adults without dependents (ABAWDs).
How to apply: Apply through your state's SNAP agency (varies by state — see fns.usda.gov/snap/state-directory). Online, in person, by phone, or by mail. Interview required. Processing time: 30 days (7 days emergency).
Non-citizen eligibility is restricted: most legal permanent residents must wait 5 years; refugees/asylees eligible immediately. Undocumented immigrants ineligible. Citizen children in mixed-status households can receive benefits.
TANF (Temporary Assistance for Needy Families)
Cash assistance varies enormously by state: $200/month (Mississippi) to $1,086/month (New Hampshire) for family of 3. Average benefit ~$450/month.
Duration: Lifetime 60-month federal limit (some states shorter). Work participation requirements after 24 months.
Eligibility: Low-income families with dependent children, pregnant women. Income and asset limits vary by state. Work activity requirements typically 30 hours/week.
How to apply: Apply through state welfare agency. Online application in most states. In-person interview required. Assessment of work readiness.
Significantly reduced from pre-1996 welfare reform. Often called "welfare" colloquially. Non-citizen eligibility restricted similarly to SNAP.
Head Start / Early Head Start
Free comprehensive preschool education, health, and family services for eligible low-income children. Value ~$10,000–$15,000/year per child.
Duration: Head Start: ages 3–5. Early Head Start: birth to age 3. Year-round or school-year programmes.
Eligibility: Families at or below federal poverty line (~$31,200 for family of 4 in 2026). Foster children, homeless children, and children receiving TANF automatically eligible. Children with disabilities (10% of slots reserved).
How to apply: Find local programme: eclkc.ohs.acf.hhs.gov/center-locator. Apply directly at the Head Start centre. Bring income verification, birth certificate, immunisation records.
Also provides home-based, family childcare, and combination programme options. Serves around 1 million children annually nationwide.
Sick child leave
FMLA covers leave to care for a child with a serious health condition (up to 12 weeks unpaid per year). For ordinary illnesses (cold, flu, routine doctor visits), there is no federal entitlement — employees must use accrued sick leave, PTO, or unpaid leave based on employer policy. 15 states + DC with paid sick leave laws typically allow use for caring for a sick family member. State PFL programmes (CA, NY, NJ, WA, etc.) also allow paid leave to care for seriously ill family members.
Birth registration
The hospital files birth paperwork with the state Vital Records office; parents complete a worksheet at the hospital. Certified birth certificate copies cost $15–$30 each and take 2–6 weeks to arrive by mail (or can be ordered later from your state Vital Records office). Social Security card is usually auto-generated via the Enumeration at Birth program if you request it at the hospital — SSN arrives separately by mail in 2–4 weeks. For non-US citizen parents: check with your home country embassy for foreign birth registration within the first year (often a deadline for acquiring home-country citizenship for the child). Passport application (for the child to travel internationally) requires a certified birth certificate and both parents' ID at a passport acceptance facility.
Childcare rights
No federal right to childcare. Childcare in the US is largely private and expensive: infant care averages $15,000–$25,000/year and can exceed $30,000 in high-cost cities. Federal assistance (Child Care and Development Block Grant) is means-tested and underfunded — many eligible families are on waitlists. Some states offer universal pre-K (e.g., New York City's 3K/Pre-K for all, Oklahoma, West Virginia, Vermont). Military families have subsidised on-base childcare. Employer-provided on-site childcare is rare but growing in tech. Workplace lactation rights: the PUMP Act (2022) requires employers to provide reasonable break time and a private space (not a bathroom) to express milk for 1 year after birth.
Family Rights
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