US Parental Leave (as of 2026; subject to change)

The US is almost the only developed country with no federal paid parental leave. Korea's standard "90 days of paid maternity leave plus a year of paid parental leave" doesn't exist here. Instead, you patch together: (1) 12 weeks of unpaid federal FMLA, (2) state PFML where available, and (3) your employer's own policy.

1) Federal FMLA — 12 weeks unpaid

• Family and Medical Leave Act (effective 1993).
• Unpaid 12 weeks (childbirth, adoption, serious illness of family member, own serious illness, etc.).
• Health insurance continues during leave (you still pay the employee share).
• Job-protected: you return to the same or equivalent role.

Eligibility

• Workplaces with 50+ employees (within a 75-mile radius).
• 12+ months on the job and 1,250+ hours in the prior 12 months.
• Part-time and short-tenured employees are often excluded.

Limits

• Because it's unpaid, many people can't take the full 12 weeks.
• Military caregiver leave can extend to 26 weeks.
• Premature birth, NICU stays, postpartum complications all have to fit inside 12 weeks.

2) State PFML (Paid Family/Medical Leave)

With no federal scheme, several states run their own. States with PFML in 2026 (subject to change):

| State | Paid duration | Wage replacement (approx.) | | --- | --- | --- | | California (CA) | 8 weeks (family) + SDI for birth parent | About 70–90% of wages | | New York (NY) | 12 weeks | About 67% | | New Jersey (NJ) | 12 weeks | About 85% | | Massachusetts (MA) | 12 weeks (family) + 20 weeks (own medical) | About 80% | | Washington (WA) | 12 weeks | About 90% | | Colorado (CO) | 12 weeks | About 90% | | Connecticut (CT) | 12 weeks | About 95% | | Oregon (OR) | 12 weeks | About 100% (low-income) | | Rhode Island (RI) | 7 weeks | Partial wage | | DC | 12 weeks | About 90% |

Other states have only unpaid federal FMLA. (Policies change often — check your state site.)

3) Employer policy

Big firms and tech companies often go beyond FMLA with paid parental leave:

• Birth parents: typically 12–20 weeks paid.
• Non-birth parents (fathers, adoptive): typically 6–16 weeks paid.
• Some firms (Netflix, Meta, Google, etc.) go 20+ weeks.

These policies become a real negotiation point at hiring.

4) Short-Term Disability (STD)

• Childbirth is generally treated as a "disability" — 6 weeks vaginal birth, 8 weeks C-section — claimable under STD.
• Group insurance through the employer or self-purchased.
• Pays about 60–70% of wages (after a 1–2 week elimination period).
• CA, NY, NJ, RI, and HI have state-run SDI that applies automatically.

5) Pre- and post-natal medical costs

• Childbirth costs: average about USD 14,000 vaginal, USD 26,000 C-section (rough 2026 estimates before insurance; subject to change).
• With good insurance, out-of-pocket is typically USD 2,000–8,000 (deductible + coinsurance).
• Birth without insurance is financially ruinous. Sign up via ACA marketplace ahead of time.
• Medicaid: free childbirth if income qualifies (5-year rule for permanent residents has some exceptions).

6) Childcare reality

US childcare is extremely expensive (as of 2026; subject to change):

• Infant (0–1) full-time: USD 1,500–3,500/month.
• Big cities (SF, NYC, Boston): USD 2,500–4,500.
• 20–25% of combined family income going to childcare is common.
• Many families end up with one parent leaving work, or rely on babysitters, au pairs, or grandparents.

Tax breaks:

• Dependent Care FSA: USD 5,000/year (per family) pre-tax through your employer, used for childcare.
• Child and Dependent Care Credit: percentage credit on childcare costs (varies by income).

Common situations for Korean parents

Q1. Can my H-4 spouse take parental leave?

• If your H-4 spouse has their own job (with EAD), they can use that employer's FMLA/PFML.
• Without an EAD, they don't work and so don't qualify.
• The H-1B holder can take 12 weeks of FMLA — visa status is unaffected.

Q2. Bringing parents from Korea to help post-partum

• Use a B-2 visitor visa or ESTA (VWP).
• B-2 generally allows up to 6 months stay.
• Saying "to help with postpartum care" at entry is usually fine, but discretion at the port of entry varies.
• Medical costs are out of pocket — travel insurance is essential.

Q3. Child born in the US — registering with Korean family register

• After getting the US birth certificate, register at the Korean consulate.
• Automatic dual citizenship (election required by age 22).
• Korean military service for males — deferrable while abroad, but re-entry to Korea is restricted after age 38.

Useful links

• dol.gov/agencies/whd/fmla — FMLA
• benefits.gov/categories/Maternity%20%26%20Paternity — federal maternity benefits
• State PFML sites:
  • paidfamilyleave.ny.gov (NY)
  • edd.ca.gov (CA)
  • paidleave.mass.gov (MA)
  • paidfamilyleave.wa.gov (WA)
• healthcare.gov — pregnancy/birth insurance