When should a pregnant employee submit a maternity‑leave request (e.g., at what gestational age or weeks before intended leave start)?

When to Submit a Maternity Leave Request

Pregnant employees should submit their maternity leave request as early as possible during pregnancy—ideally during the first or second trimester—to ensure adequate planning and access to benefits, though the specific timing depends on employer policies and applicable state/federal regulations.

Understanding the Legal Framework

The evidence provided focuses primarily on clinical obstetric management rather than employment law regarding maternity leave timing. However, research on maternity leave patterns provides practical guidance:

• Early notification is associated with better outcomes: Women who plan their maternity leave earlier in pregnancy are more likely to take adequate prenatal and postnatal leave 1
• Most women working full-time before pregnancy continue with the same employer: Approximately 60% of women who worked full-time before birth returned to their pre-pregnancy employer, suggesting that early communication about leave plans supports job continuity 2

Practical Timing Recommendations

Optimal Window: 12-20 Weeks Gestation

• Submit your formal maternity leave request during the second trimester (weeks 12-20) to allow your employer adequate time for coverage planning 1
• This timing coincides with when most women have completed first-trimester screening and feel comfortable disclosing pregnancy 1
• Early submission helps ensure you understand your eligibility for paid leave benefits, which vary significantly by state and employer 3

Minimum Notice Period

• Provide at least 30 days advance notice before your intended leave start date, as this is commonly required by employer policies and the Family and Medical Leave Act (FMLA) 3
• If complications arise requiring earlier leave, notify your employer as soon as medically indicated 4

Planning Your Leave Duration

Evidence-Based Leave Duration

• Minimum recommended postnatal leave: 12 weeks to optimize maternal mental health, reduce postpartum depression, support breastfeeding, and improve infant health outcomes 3
• Women who take prenatal leave close to term (≥36 weeks gestation) have lower rates of primary cesarean delivery and may experience prolonged gestation in occupationally strained situations 5

Prenatal Leave Considerations

• Consider taking 1-4 weeks of prenatal leave starting around 36-37 weeks gestation, particularly if you have a physically demanding job or occupational stress 5
• In California and similar jurisdictions, paid disability benefits are available up to 4 weeks before delivery 5
• Women who took prenatal leave at ≥36 weeks had 73% lower odds of cesarean delivery compared to those who worked until delivery (OR 0.27,95% CI 0.08-0.94) 5

Special Circumstances Requiring Earlier Leave

High-Risk Pregnancy Conditions

If you develop any of the following conditions, you may need to start leave earlier than planned:

• Preeclampsia: Delivery is recommended at ≥37 weeks regardless of severity, or earlier with severe features 6, 7
• Fetal growth restriction: May require delivery between 30-37 weeks depending on Doppler findings 8
• Placenta accreta spectrum: Planned delivery typically occurs at 34-36 weeks 8
• Preterm labor, bleeding, or other complications: May necessitate immediate work cessation 4

Key Action Steps

First Trimester (Weeks 1-13)

• Review your employer's maternity leave policy and applicable state/federal laws 1
• Determine your eligibility for FMLA, state disability insurance, and any employer-provided paid leave 3
• Begin financial planning for any unpaid portion of leave 3

Second Trimester (Weeks 14-27)

• Submit formal written maternity leave request including:
  • Anticipated leave start date (typically 1-4 weeks before due date)
  • Expected return-to-work date
  • Request for any available paid leave benefits 1
• Discuss coverage plans with your supervisor 1
• Complete any required paperwork for disability benefits 5

Third Trimester (Weeks 28-40)

• Finalize leave dates and confirm coverage arrangements 1
• Provide updated medical documentation if required 1
• Adjust leave start date if complications develop 4, 5

Critical Pitfalls to Avoid

• Don't wait until late pregnancy to request leave: Only 23% of employed mothers return to work within 10 days of giving birth due to financial necessity when leave is not planned 3
• Don't assume you're ineligible for benefits: Many women fail to take available leave because they don't understand their options 1
• Don't plan to work until delivery without medical clearance: Working until delivery is associated with higher cesarean rates in some populations 5
• Don't ignore signs of pregnancy complications: Conditions like preeclampsia can develop rapidly and require immediate work cessation 6, 7

Benefits of Adequate Maternity Leave

• Maternal mental health: Paid leave reduces postpartum depression and intimate partner violence 3
• Infant health: Decreases infant mortality, improves immunization rates, and reduces rehospitalizations 3
• Breastfeeding: Increases initiation and duration of breastfeeding 3
• Child development: Improves infant attachment and long-term developmental outcomes 3