Yes. You can apply for a mortgage while pregnant or on maternity leave. Federal law protects you from being denied a loan simply because you’re pregnant or taking parental leave. What can change is how much of your income a lender can use to qualify you.
Key takeaways
- Maternity or parental leave doesn’t automatically disqualify you. Lenders can review your income, but they can’t treat pregnancy or leave itself as a reason to deny you.
- Your first mortgage payment date matters. If you’ll be back at work by then, Fannie Mae, Freddie Mac and FHA rules generally allow lenders to use your regular income.
- You may still qualify if you’re returning later. A lender can use your leave pay and, when eligible, some of the savings you’ll have left after closing to make up part of the difference.
- There’s a formula for using savings. Fannie Mae divides eligible savings by the number of months between your first payment and your return to regular pay.
- You’ll need proof of your leave and return date. Plan on providing confirmation from your employer, details of your leave pay and documentation of your usual income.
Pregnancy and parental leave aren’t grounds to deny you
A lender can’t deny or delay your mortgage simply because you’re pregnant or on maternity leave. The Fair Housing Act protects people who are pregnant, while Regulation B prohibits lenders from making assumptions about your ability to repay based on whether you have or may have children.
These protections have been enforced. In 2011, HUD settled with Cornerstone Mortgage Company over allegations of discrimination against expectant mothers. In 2014, Wells Fargo agreed to a $5 million HUD settlement involving complaints that included pressure on borrowers to return from maternity leave early. Wells Fargo did not admit wrongdoing. If you believe you’ve been treated unfairly, you can file a complaint with HUD.
A lender can still check whether you have enough qualifying income to make the mortgage payments. That’s the same basic financial review every borrower goes through.
The date that decides which income counts: your first mortgage payment
One of the most important dates isn’t your closing date. It’s when your first mortgage payment is due. Fannie Mae, Freddie Mac and FHA all use this date when determining how to count income during temporary leave.
| When you’ll return to work | Income a lender may use |
| On or before your first payment date | Your regular income from before leave |
| After your first payment date | Your leave pay (up to your regular income), potentially supplemented by eligible savings, with the total capped at your regular income |
If your leave is unpaid, the savings option may still help. The rules also cover other qualifying temporary leave, such as certain medical leave. They don’t apply to furloughs or layoffs, and Freddie Mac’s temporary-leave rules require a return to your current employer.
Why your closing date matters
Your first payment is usually due on the first day of the second month after closing. For example, close on June 15 and your first payment will typically be due August 1. That’s because mortgage interest is generally paid after it accrues, with some interest collected at closing as prepaid interest.
This creates a useful question to ask your loan officer if your return date is close. Closing on June 30 typically means a first payment on August 1, while closing on July 1 typically moves it to September 1. The later closing could mean more prepaid interest and would still need to work with your purchase contract.
Tomo Mortgage follows the agency rules. If you’re returning by your first payment date, Tomo Mortgage can use your regular income. If you’re returning later, Tomo Mortgage uses the lesser of your leave pay or regular income, along with any eligible savings supplement.
If your leave is unpaid or partly paid: how savings fill the gap
If you’re earning less while on leave, a lender may count some of the money you’ll have left after buying your home to help make up the difference. This doesn’t mean the savings become a paycheck. It’s a way to calculate income for mortgage qualification, including your debt-to-income ratio.
The formula lenders use
Here’s how Fannie Mae calculates the amount:
- Start with your verified savings and other eligible liquid assets (money you can readily access).
- Subtract what you’ll need for your down payment, closing costs, required debt payments, escrows and any required reserves. The amount left is your available reserves.
- Divide that amount by the number of months from your first payment date until your regular pay resumes, rounding up to a whole month.
- Add the result to your monthly leave pay. The combined amount can’t be higher than your regular income.
Fannie Mae provides this example:
| Item | Amount |
| Regular income | $6,000 a month |
| Leave pay | $2,000 a month |
| Verified liquid assets | $30,000 |
| Money needed to close | $18,000 |
| Savings left to supplement income | $12,000 |
| Time from first payment to return | July 1 to November 1: 4 months |
| Monthly savings supplement | $12,000 ÷ 4 = $3,000 |
| Total qualifying income | $2,000 + $3,000 = $5,000 a month |
In this example, the lender can count $5,000 a month toward qualification even though the borrower is temporarily receiving $2,000 in leave pay. Freddie Mac and FHA also allow savings to supplement leave income, although their requirements differ.
If your leave pay changes partway through
Leave pay isn’t always the same from start to finish. You might receive short-term disability or state paid-leave benefits for a few weeks, followed by a lower payment.
Lenders need documentation showing how much you’ll receive and for how long. At Tomo Mortgage, if your leave pay decreases during that period, or your payroll records show a lower amount, the lowest amount is used to qualify you.
Working backward: what it takes to have your full salary counted
You can also use the formula to work out how much you’d need left in savings for a lender to count your full regular income:
Savings needed after closing = (regular monthly income − monthly leave pay) × months until regular pay resumes.
Using Fannie Mae’s example, the gap is $4,000 a month for four months. You’d need $16,000 left after closing, or $34,000 in total liquid assets rather than $30,000, assuming the same $18,000 is needed for the transaction.
This illustrates the published formula, not a loan offer or approval. The amount that counts can differ by loan program.
What you and your employer will need to provide
Most lenders will need four things:
- Your plan to return: A written statement from you confirming that you intend to return to work.
- Your expected return date: Documentation from your employer or leave administrator. This might be an HR letter, earlier correspondence or a printout from your employer’s system. An approved Family and Medical Leave Act (FMLA) request may also be useful.
- Your leave pay details: Documents showing how much you’ll receive and for how long, including any employer, disability or state benefits.
- Your regular income: The usual proof of earnings from before your leave.
Your lender will also verify your employment close to closing. Under Fannie Mae’s rules, this generally happens within 10 business days of the date you sign your mortgage note, with certain exceptions. If your employer confirms you’re on temporary leave, Fannie Mae requires the lender to treat you as employed, provided there’s no information showing you lack the right to return to work.
Getting preapproved before your leave starts
You can get preapproved before maternity leave begins. If you haven’t started leave, Fannie Mae says a lender must not ask whether you plan to take leave in the future. Separately, Regulation B prohibits questions about your plans to have or raise children.
But if you’ll be on leave when your loan closes, your lender needs accurate information about your income at that point. Your employment will generally be checked again before closing, so it’s best to share your confirmed leave dates and pay details with your loan officer early. That gives you time to gather paperwork and avoid last-minute surprises.
Tomo Mortgage can also preapprove you while you’re already on maternity leave, provided you meet Fannie Mae’s temporary-leave guidelines.
Does your loan type change the answer?
The main rule is similar for conventional and FHA loans: your return date relative to your first payment date determines how your income is evaluated. The details vary by program.
Under Fannie Mae’s conventional guidelines, eligible savings are divided across the months until your regular income resumes. Freddie Mac also allows a savings supplement but has its own documentation and eligibility requirements, including returning to your current employer. FHA has similar rules for using surplus reserves, with its own reserve requirements.
VA and USDA loans have different guidelines, so ask your loan officer how those programs handle temporary leave.
Program rules vs. lender rules
Mortgage programs set the baseline, but lenders can sometimes have stricter internal requirements, known as overlays. That might mean extra savings or additional documentation. Requiring a borrower to return from maternity leave before closing raises a different concern: HUD has pursued discrimination cases involving that practice.
Tomo Mortgage applies the agency temporary-leave rules without extra requirements. That means no additional savings requirement, no separate Tomo Mortgage limit on leave length and no requirement to return to work before closing. Borrowers already on maternity leave can be preapproved if they meet Fannie Mae’s guidelines.
Three questions that show which rule applies to you
- Will you return by your first mortgage payment date? If so, a lender may be able to use your regular income.
- How much money will you have left after closing? If you’re returning later, some of it may help supplement your leave pay.
- Are you applying with someone else? A co-borrower’s qualifying income can also help.
Depending on the answers, you might consider adjusting your closing date, keeping more cash available, applying with a co-borrower or qualifying based on your current income. A loan officer can help you compare those options using your actual numbers.
Tomo Mortgage NMLS #2059741. Equal Housing Lender.
Frequently asked questions
Does maternity leave affect a mortgage application?
It may change how much income the lender counts, but it doesn’t stop you from applying. Your return date, leave pay and savings help determine which income rules apply.
Do I have to tell my mortgage lender I’m pregnant?
No. You don’t have to disclose a pregnancy just because you’re applying for a mortgage, and lenders can’t ask about plans to have children. If you’ll be on leave when you close, though, give your loan officer the details of your leave so your income can be assessed correctly.
Can I close on a house while on maternity leave?
Yes, if you meet the loan’s requirements. Fannie Mae, Freddie Mac and FHA all have guidelines for borrowers on temporary leave. You’ll usually need proof of your intended return and details of your leave income.
Can a lender require me to return to work before closing?
The agency rules don’t generally require you to return before closing; they use your first payment date to determine qualifying income. HUD has brought discrimination cases involving lenders that delayed loans until borrowers returned from maternity leave.
Are paternity and adoption leave treated the same way?
Generally, the temporary-leave rules also cover parental leave. Fannie Mae includes maternity and parental leave in its guidance. The FMLA can protect eligible employees taking leave after a birth, adoption or foster placement, though eligibility varies.
What if my employer won’t confirm my return date in writing?
Ask whether HR or your leave administrator can provide an approved leave request, earlier correspondence or a record from the employer’s system. These may be acceptable instead of a new letter, depending on the loan program.
Does my partner’s income count while I’m on leave?
Yes, if they’re a co-borrower and their income meets the usual qualifying requirements. Your lender will evaluate their income alongside yours.