State Paid Family Leave Laws Across the U.S.

As of 2021, nine states and the District of Columbia have enacted paid family leave (PFL) programs. California, Massachusetts, New Jersey, New York, Rhode Island, Washington, and the District of Columbia have active PFL programs. The other three states – Colorado, Connecticut, and Oregon – have enacted PFL policies, but their programs have not yet gone into effect. State-level paid leave policies are not necessarily linked to job protection, which is provided (in all states) under the federal Family and Medical Leave Act (FMLA) to employees of larger companies (>50 employees) for qualifying types of leave. However, some states have adopted state-level PFL or FMLA laws that expand job protection beyond the FMLA. For a full list of state-level FMLA laws, see State FMLA and Job-Protection Leave Laws Across the U.S. factsheet.

The map shows the status of PFL policies and programs at the state level. Most states at this point have adopted or considered paid family leave. In four states—Maine, Vermont, New Hampshire, and North Dakota—PFL legislation was previously considered but ultimately failed for reasons that range from concerns over funding or mandatory participation to the politics of a new payroll tax, and lack of bipartisan support. In New Hampshire and Vermont, PFL won approval from the state legislature but was vetoed, by both governors, in favor of an alternative approach that involves a six-week leave benefit, administered through a private insurance carrier, with voluntary participation for private and public employers. Across the country, business sentiment on PFL is mixed but growing in support, with some in the business community voicing support for a uniform national policy that would help small employers offer a benefit that is typically only available through large companies.