Although the 1993 federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of job-protected leave for certain family and medical reasons, that le🤪ave doesn't come with pay. That lack of income can make it difficult for many employees to take off the time they need, whether it's for the birth or adoption of a child or a medical crisis.
In a 2017 report (the most recent available), the Pew Research Center found that 40% of workers who took family leave reported that they took less time off than they needed or wanted to. That's where the concept of paid family and medical leave (PFML) comes in. However, in the United States, paid 澳洲幸运5官方开奖结果体彩网:family and medical leave policies are enact🍌ed and the state level. T꧙hese laws vary in how they work and what situations they cover.
Key Takeaways
- Thirteen states (California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, and Washington) and the District of Columbia have enacted PFML laws.
- Of the states that have PFML policies currently on the books, those in nine states and D.C. are presently in effect.
- A new PFML policy went into effect in Colorado on Jan. 1, 2024.
- Policies are scheduled to take effect in Delaware and Minnesota on Jan. 1, 2026, in Maine on May 1, 2026, and in Maryland on July 1, 2026.
National Paid Family Medical Leave in the U.S.
As of 2023, the United States is one of only six countries in the world that doesn't offer a nationwide paid family leave policy, and one of the few that doesn't offer any kind of national paid family or caregiving leave. President Biden's proposed 澳洲幸运5官方开奖结果体彩网:American Families Plan included a proposal for paid family leave, which would have filled that gap. But all of its provisions were cut from the 澳洲幸运5官方开奖结果体彩网:Inflation Reduction Act, which became law in 2022.
A small but growing number of states (plus the District of Columbia) have stepped in to fill the gap. In 2016, just four states had PFML policies on the books. Today, that number has more than tripled—to 13 out of 50—though laws in four of those states won't go into effect until 2026.
The specifics of PFML policies can vary significantly from state to state. What follows is an examination of each, specifying what (and whom) they cover, how long they last, and how much of a worker's salary they are intended to replace. First, though, learn the basics of family and medical leave, and how state laws differ from the federal Family Medical Leave Act.
The Need for Family and Medical Leave
Family and medical leave can have powerful, positive effects that we have known about for at least a decade. A 2014 study from the Institute for Women's Policy Research found that a sufficient period of maternal leave can prevent depression and stress in mothers, increase the likelihood that infants will receive well-baby care, and even lower the rate of mortality for infants and young children. Paternal leave can significantly reduce familial stress and encourage father-child bonding.
Paid leave also helps with child development, and it can help patch up some of the holes in America's social safety net. However, 44% of individuals don't have the option to take unpaid leave.
Difficulties in Taking Family or Medical Leave
According to a December 2022 Urban League survey, 15% of workers without paid family and medical leave didn't get needed healthcare in the previous 12 months because of difficulty in taking time off compared to 9% who had access to paid leave. The reasons: They couldn't afford to take unpaid time off and/or they were afraid they would lose their jobs.
Forty-four percent of individuals are not covered by the FMLA. Of those not covered, nearly 2.7 million individuals—at some point in the year—need to take leave but don't for fear of losing their jobs. Of women without paid leave, 30% end up leaving their jobs after giving birth.
It's also not uncommon to have a short-term disability; it happens to around 5% of working Americans on average each year. The consequences of this can be severe.
What Is Paid Family and Medical Leave (PFML)?
The U.S. Department of Labor defines PFML as paid time away from work due to circumstances that require a longer-term period of absence than the employer's regular sick days policies offer. It has two basic components:
- Paid family leave allows workers to take time off in order to care for ill family members or a new child. It's also known as "family caregiver leave" and "family leave insurance."
- Paid medical leave is for taking time off for one's own serious illness or injury. It's also known as "temporary disability insurance" and "short-term disability."
Currently, nine states plus the District of Columbia offer PFML, and four more have laws on the books that will take effect in 2026. The specifics of how both policies work can vary significantly by state, though they typically function by providing a weekly "benefit payment" that's a percentage of the worker's usual income during their leave.
Also, it's important to remember that though paid family leave does provide time off to care for a newborn, it doesn't always pertain to the pregnancy itself. This period falls under pregnancy leave, which is usually a combination of a worker's sick days, vacation days, holiday time, personal days, short-term disability coverage, and unpaid family leave time. In addition, paid medical leave doesn't cover the minor, temporary illnesses that "sick days" are traditionally used for, such as a bad cold or a bout of the flu.
As part of their paid family leave policies, four states also offer what's known as "safe leave." Occasionally referred to as "safe time," it refers to absence from work to address certain medical and non-medical needs that arise from situations such as domestic violence, harassment, stalking, or sexual assault.
PFML vs. Other Leave
PFML isn't the only type of time off from work. There are a number of other programs, some of which sound confusingly alike. It's important to be able to tell them apart and see which applies when time off is needed.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) signed by President Bill Clinton in 1993 provides up to 12 weeks of job-protected leave for certain family and medical reasons. The FMLA covers private-sector employers who have 50 or more employees, public agencies, and private or public elementary/secondary schools. Additionally, the FMLA allows eligible employees to take up to 26 work weeks of leave in a "single 12-month period" to care for a covered military service member with a serious injury or illness.
Yes, it sounds a lot like PFML. The big difference is that the FMLA's leave is unpaid time off. Mandated—but on your own dime.
Also, under the FMLA, employers are required to maintain workers’ group health insurance under the same terms and conditions as if an employee had not taken leave and to give employees their jobs back at the end of their leave. Note that five of the states that have PFML policies offer the latter protection, and two offer it exclusively for family leave.
Paid Sick Leave
PFML shouldn't be confused with paid sick leave, which requires employers in certain states, cities, counties, and towns to provide paid leave for short-term health needs and preventive care.
Eighteen states have paid sick leave laws: Arizona, California, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Washington, D.C.
Fast Fact
Pennsylvania does not have a statewide paid sick leave policy, but three localities within the state do: Allegheny County, Philadelphia, and Pittsburgh.
Covered Contracts
State and municipal paid sick leave laws shouldn't be confused with an executive order signed by President Obama in 2015—officially known as Paid Sick Leave, Executive Order 13706—which requires companies with federal government "covered contracts" to provide paid sick leave to employees. Granted, both policies are otherwise fairly similar. For instance, both allow employees to earn paid sick leave hours in exchange for a certain amount of hours worked, and both offer job protection.
PFML State-by-State Breakdown
Below is our analysis of the policies offered by each of the nine states (plus the District of Columbia) that offer PFML. Of the states that have PFML policies currently on the books, all nine are active as of January 2025.
California
- Status: Active
- Percentage of Wages: 70-90% of a worker's average weekly wage
- Maximum Weekly Benefit: Currently $1,681 (approximately 100% of the statewide average weekly wage)
- Length of Benefits: Up to 52 weeks of medical leave for any period of disability and up to eight weeks of family leave in a 12-month period (California doesn't specify a cumulative limit)
- Unpaid Waiting Period: One week (medical leave only)
California offers both disability insurance (DI) and paid family leave (PFL). DI can be used for a serious off-the-job illness or injury. PFL can be used for bonding with a child within one year of their birth, foster placement, or adoption; caring for a family member with a serious health condition, or addressing certain military family needs.
These policies automatically apply to employees already covered by California unemployment insurance law, excluding most public-sector workers. Public-sector employers can opt into coverage, but this may require a negotiated agreement with an authorized bargaining unit. Domestic workers will be subje꧙ct to a low minimum payment requirement.
To qualify, workers must have earned at least $300 (which may be income combined from more than one employer) during a base period of the first four of the five most recently completed quarters. Earlier quarters may be included if the worker was unemployed during at least part of the base period.
Covered family members include the worker's child, parent, grandparent, grandchild, sibling, spouse/registered domestic partner, or a parent of their spouse/registered domestic partner. Workers aren't entitled to have their jobs back at the end of their leave, though they may have protections under another state law.
Colorado
- Status: Active
- Percentage of Wages: 90% of a worker's weekly wage (up to an amount equal to 50% of the statewide average weekly wage) and 50% of a worker's weekly wage (above an amount equal to 50% of the statewide average weekly wage)
- Maximum Weekly Benefit: 90% of the statewide average weekly wage (in 2025, $1,324.21)
- Length of Benefits: Up to a maximum of 12 weeks in an application year for medical, family, and/or safe leave (workers with pregnancy/childbirth-related health needs may receive up to an additional four weeks of benefits)
- Unpaid Waiting Period: No
Colorado's PFML can be used for a worker's own health conditions; bonding with a child within one year of their birth, foster care placement, or adoption; caring for a family member with a serious health condition; addressing certain military family needs; or safe leave.
These policies automatically apply to nearly all employees in the state of Colorado. Local-government employers may decline coverage, though their employees can still opt into wage-replacement benefits. To qualify, workers will have to have earned at least $2,500 (which may be income combined from more than one employer) during a base period of the first four of the past five completed quarters or the four most recently completed quarters.
Covered family members will include the worker's child, parent, grandparent, grandchild, sibling, spouse/domestic partner, a parent of their spouse/domestic partner, a grandparent of their spouse/domestic partner, a child of their spouse/domestic partner, a sibling of their spouse/domestic partner, or an individual the worker has a significant personal bond with who is—or is like—family. Workers are entitled to have their jobs back at the end of their leave, so long as they have been employed by their employer for at least 180 days prior to taking leave.
Connecticut
- Status: Active
- Percentage of Wages: 95% of a worker's average weekly wage (up to an amount equal to 40 times the state minimum wage) and 60% of a worker's average weekly wage (above an amount equal to 40 times the state minimum wage)
- Maximum Weekly Benefit: $981.40 (60 times the state minimum wage)
- Length of Benefits: Up to a maximum of 12 weeks in a 12-month period for medical and family leave; up to 12 days in a 12-month period for safe leave (workers with pregnancy/childbirth-related health needs may receive up to an additional two weeks of benefits)
- Unpaid Waiting Period: No
Connecticut's family leave can be used for bonding with a child within one year of their birth, foster care placement, or adoption; caring for a family member with a serious health condition, addressing certain military family needs, or safe time. The state's medical leave can be used for a worker's own serious health condition.
These policies automatically apply to almost all private-sector employees in the state of Connecticut. Public-sector employees may have leave benefits if their collective bargaining unit has negotiated coverage or if they aren't in a collective bargaining unit. To qualify, workers must have earned at least $2,325 (which may be income combined from more than one employer) during a base period of the first four of the five most recently completed quarters.
Covered family members will include the worker's son/daughter, parent, grandparent, grandchild, sibling, spouse, a parent of their spouse, or an individual related to the worker by blood/affinity whose relationship is the equivalent of a family relationship. Workers are entitled to have their jobs back at the end of their leave, so long as they have been employed by their employer for at least three months prior to taking leave. This caveat doesn't apply to safe time, though workers may also be protected by Connecticut's family violence leave law.
District of Columbia
- Status: Active
- Percentage of Wages: 90% of a worker's average weekly wage (up to an amount equal to 40 times 150% of the D.C. minimum wage) and 50% of a worker's average weekly wage (above an amount equal to 40 times 150% of the D.C. minimum wage)
- Maximum Weekly Benefit: $1,153 (adjusted annually based on inflation)
- Length of Benefits: Up to a maximum of 12 weeks in a 52-week period for medical leave, caring for a sick relative, or bonding with a new child; workers with certain pregnancy-related health needs may receive an additional two weeks of leave
- Unpaid Waiting Period: No
The District of Columbia offers universal paid leave, which can be used for a worker's own health conditions; for bonding with a child within one year of their birth, foster care placement, or adoption; or caring for a family member with a serious health condition, including miscarriage and stillbirth.
This policy automatically applies to most private-sector employees in Washington, D.C. Domestic workers will be subject to a low minimum payment requirement. There are no formal eligibility requirements; however, employees who have worked for covered D.C. employer(s) for less than one year may receive a prorated benefit amount.
Covered family members include the worker's child, parent, grandparent, sibling, spouse/registered domestic partner, or a parent-in-law. Workers aren't entitled to have their job back at the end of their medical leave, though they may have protections under other laws, such as the FMLA or the D.C. Family & Medical Leave Act.
Massachusetts
- Status: Active
- Percentage of Wages: 80% of a worker's average weekly wage (up to an amount equal to 50% times the statewide average weekly wage) and 50% of a worker's average weekly wage (above an amount equal to 50% the statewide average weekly wage)
- Maximum Weekly Benefit: $1,170.64 (64% of the statewide average weekly wage)
- Length of Benefits: Up to a maximum of 26 weeks in any benefit year (up to 20 weeks of medical leave and/or up to 12 weeks of family leave); military caregivers can receive up to 26 weeks of family leave
- Unpaid Waiting Period: One week
Massachusetts offers both paid family and paid medical leave. Family leave can be used for bonding with a child within one year of their birth, foster care placement, or adoption; caring for a family member with a serious health condition; or addressing certain military family needs. Medical leave can be used for a worker's own serious health conditions.
These policies automatically aཧpply to state employees. Local government employees are not automatically covered. Public-sector employers not covered by the law can opt into coverage. Additionally, some self-employed workers may be automatically covered.
To qualify, workers must have earned at least $6,300 (which may be income combined from more than one employer) during a base period of the past four completed quarters.
Covered family members will include the worker's child, parent, grandparent, grandchild, sibling, spouse/domestic partner, or a parent of their spouse/domestic partner. Workers are entitled to have their job back at the end of their leave.
New Jersey
- Status: Active
- Percentage of Wages: 85% of a worker's average weekly wage
- Maximum Weekly Benefit: Currently $1,081 (70% of the statewide average weekly wage)
- Length of Benefits: Up to 26 weeks of medical leave for any period of disability and up to 12 weeks of family leave in a 12-month period (no specified cumulative limit)
- Unpaid Waiting Period: One week for medical leave only; workers eligible for benefits during each of three consecutive weeks after the waiting period can also receive benefits for that week
New Jersey offers both temporary disability insurance and family leave insurance. DI can be used for a serious off-the-job illness or injury. Family leave can be used for bonding with a child within one year of their birth, foster care placement, or adoption; caring for a family member with a serious health condition; or safe time.
These policies automatically apply to employees already covered by New Jersey unemployment insurance law. While most public-sector workers aren't automatically covered by the temporary disability insurance policy, they can still opt in. Domestic workers are subject to a low minimum payment requirement.
To qualify, workers must have earned at least 20 times the N.J. minimum wage (currently $303 at $15.49 per hour), which may be income combined from more than one employer, in at least 20 weeks. Alternatively, they need to have earned 1,000 times the hourly minimum wage (currently $15,200) during a base period of the first four of the five most recently completed quarters, the four most recently completed quarters, or the three most recently completed quarters and the portion of the current quarter that's already occurred.
Covered family members include the worker's child, parent, grandparent, grandchild, sibling, spouse/registered domestic partner/civil union partner, a parent-in-law, any other person related to the worker by blood, or an individual the worker has a significant personal bond with whose relationship is the equivalent of a family relationship. Workers aren't entitled to have their job back at the end of their leave, though the law was amended to provide additional anti-retaliation provisions. Job-protected leave can be taken to be an organ or bone marrow donor.
New York
- Status: Active
- Percentage of Wages: 50% of a worker's average weekly wage (medical leave) and 67% of a worker's average weekly wage (family leave)
- Maximum Weekly Benefit: $170 for medical leave and $1,117.32 for family leave (67% of the statewide average weekly wage)
- Length of Benefits: Up to a maximum of 26 weeks in a 52-week period or up to 26 weeks of for any period of disability; up to 12 weeks of family leave in a 52-week period
- Unpaid Waiting Period: One week (medical leave only)
New York offers both temporary disability insurance and paid family leave. Disability insurance can be used for a serious off-the-job illness or injury. Family leave can be used for bonding with a child within one year of its birth, foster care placement, or adoption; caring for a family member with a serious health condition; or addressing certain military family needs.
These policies automatically apply to most private-sector employees in the state of New York. Public-sector employers can opt into coverage, and unions covering public-sector workers can opt into paid family leave through a collective bargaining process. Domestic workers are also covered, so long as they work 20 hours per week for a single employee.
To qualify for temporary disability insurance, workers typically must have been employed for at least four consecutive weeks by a single employer. Workers who previously met this qualification will automatically qualify when starting employment with a new covered employer. To qualify for paid family leave, workers typically must have been employed for at least 26 consecutive weeks by their current employer. For those who work less than 20 hours per week, they must have worked at least 175 days for their current employer.
Covered family members include the worker's child, parent, grandparent, grandchild, sibling, spouse/domestic partner, or a parent-in-law. Workers aren't entitled to have their jobs back at the end of their medical leave, though they are in the case of family leave.
Oregon
- Status: Active
- Percentage of Wages: 100% of a worker's average weekly wage (up to an amount equal to 65% of the statewide average weekly wage) and 50% of a worker's average weekly wage (above an amount equal to 65% of the statewide average weekly wage)
- Maximum Weekly Benefit: $1,568.60 (120% of the statewide average weekly wage)
- Length of Benefits: Up to a maximum of 12 weeks in any benefit year (for medical, family, and/or safe leave); workers with certain pregnancy/childbirth-related health needs may receive up to an additional two weeks of benefits
- Unpaid Waiting Period: No
Oregon offers both paid family and paid medical leave. PFL can be used for bonding with a child within one year of their birth, foster care placement, or adoption; caring for a family member with a serious health condition; or safe leave. Medical leave can be used for a worker's own serious health condition.
These policies will automatically apply to almost all employees in the state of Oregon, excluding employees of federal and tribal governments. But tribal governments can opt into coverage. To qualify, workers must have earned at least $1,000 (which may be income combined from more than one employer) during a base period of the first four of the past five completed quarters or the four most recently completed quarters.
Covered family members include the worker's child, parent, grandparent, grandchild, sibling, spouse/registered domestic partner, a parent-in-law or parent of their spouse/registered domestic partner, a child-in-law, or an individual related to a covered individual by blood/affinity whose relationship is the equivalent of a family relationship. Workers are entitled to have their job back at the end of their leave, so long as they have been employed by their employer for at least 90 days prior to taking leave.
27%
Percentage of private industry workers who had access to paid family leave in 2023. Among state and local government workers, 28% had access to paid family leave.
Rhode Island
- Status: Active
- Percentage of Wages: Approximately 60% of a worker's average weekly wage (formally, 4.62% of a worker's wages in the highest-earning quarter of the base year)
- Maximum Weekly Benefit: Currently $1,070 (85% of the statewide average weekly wage)
- Length of Benefits: Up to a maximum of 30 weeks in a 52-week period for medical leave; up to seven weeks in a 52-week period for family leave
- Unpaid Waiting Period: No
Rhode Island offers both temporary disability insurance and temporary caregiver insurance. Temporary disability insurance can be used for a serious off-the-job illness or injury. Temporary caregiver insurance can be used for caring for a family member with a serious health condition or for bonding with a child within one year of their birth, foster care placement, or adoption.
These policies automatically apply to employees already covered by Rhode Island unemployment insurance law. While public-sector workers aren't automatically covered by the temporary disability insurance policy, public employers can still opt in, as can some unions covering public-sector workers through a collective bargaining process. Domestic workers will be subject to a low minimum payment requirement.
To qualify, workers must have earned at least 200 times the R.I. minimum wage (currently $2,800 at $14 per hour) in one quarter of the base period, at least 1.5 times the worker's highest-earning quarter across the base period, and at least 400 times the minimum wage (currently $5,600) over the entire base period (which may be income combined from more than one employer). The base period is the first four of the five most recently completed quarters.
Covered family members include the worker's child, parent, grandparent, spouse/registered domestic partner, or a parent of their spouse/registered domestic partner. Workers aren't entitled to have their job back at the end of their medical leave, though they are in the case of family leave.
Washington
- Status: Active
- Percentage of Wages: 90% of a worker's average weekly wage (up to an amount equal to 50% of the statewide average weekly wage) and 50% of a worker's average weekly wage (above an amount equal to 50% of the statewide average weekly wage)
- Maximum Weekly Benefit: Currently $1,542 (90% of the statewide average weekly wage)
- Length of Benefits: Up to a maximum of 16 weeks in a 52-week period (up to 12 weeks each of medical leave and family leave); workers with certain pregnancy/childbirth-related health needs may receive up to two additional weeks of benefits
- Unpaid Waiting Period: One week (medical and family leave, excluding bonding leave)
Paid family leave in Washington can be used for bonding with a child within one year of their birth, foster care placement, or adoption; caring for a family member with a serious health condition; addressing certain military family needs; or following the death of a child in certain circumstances. Paid medical leave in Washington can be used for a worker's own serious health condition.
These policies automatically apply to all employees in the state of Washington. To qualify, workers must have worked for at least 820 hours (which may be hours combined from more than one employer) during a qualifying period of the first four of the five most recently completed quarters or the four most recently completed quarters.
Covered family members include the worker's child, parent, grandparent, grandchild, sibling, child's spouse or domestic partner, spouse/registered domestic partner, or a parent-in-law or parent of their spouse/registered domestic partner. Workers are entitled to have their job back at the end of their medical leave, but only if they meet specific eligibility requirements similar to those of the FMLA.
Which States Offer Paid Family and Medical Leave?
The United Stateওs is one of only a handful of countries that do not offer paid family and medical leave (PFML) at the national level. In the absence of a federal law providing PFML, nine states (and the District of Columbia) now have it for their residents: California, Colorado, Connecticut, Massachusetts, New Jersey, New York, Oregon, Rhode Island, and Washington. In addition, Delaware, Maine, Maryland, and Minnesota have PFML laws that will go into effect in 2026.
What Is the Difference Between Family Leave and Medical Leave?
Family leave, sometimes also known as "family caregiver leave" and "family leave insurance," lets workers take time off to care for ill family members, bond with a new child, and, in some states, for what's known as "safe leave," or "safe time." This last is an absence from work to address needs that arise from domestic violence, harassment, stalking, or sexual assault.
By contrast, medical leave involves taking time off for your own serious illness or injury. It's also known as "temporary disability insurance" and "short-term disability."
What Does the Family and Medical Leave Act (FMLA) Provide for Workers?
The FMLA, signed into law in 1993 by President Bill Clinton, provides up to 12 weeks of unpaid, job-protected family and medical leave. The law covers private-sector employers who have 50 or more employees, public agencies, and private or public elementary/secondary schools. Als👍o, eligible employees can take up to 26 work weeks of leave in one 12-month period to care for a covered military service member who has a serious injury or illness.
The Bottom Line
Unlike the vast majority of nations, the U.S. does not provide paid family and medical leave to its workers. The Family and Medical Leave Act only provides unpaid time off. Since there is no federal legislation, a handful of states have passed their own PFML laws. Typically, they provide a weekly benefit that is a percentage of a worker's usual income during their leave. But otherwise, these policies vary significantly from state to state.