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State Paid Family Leave Laws Across the U.S.

As of 2019, four states—California, New Jersey, Rhode Island, and New York—provide paid family leave (PFL). Another four states (Washington, Massachusetts, Connecticut, and Oregon) and the District of Columbia have adopted PFL 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 five states—Colorado, Maine, Vermont, New Hampshire, and North Dakota—PFL legislation was recently 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. In Colorado, legislation was shelved for further study as a result of opposition from the business community, which had concerns about funding and small business impacts. Across the country, business sentiment on PFL is mixed, 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.

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Figure 1: Status of PFL Laws

  • States that introduced and rejected PFL legislation
  • States with active PFL programs
  • States with pending PFL legislation
  • States with PFL laws, but programs are not yet active
WA OR CA ID NV WY WV WI VT VA UT TX TN SD SC RI PA OK OH NM NY NJ NH NE ND NC MT MS MO MN MI ME MD MA LA KY KS IN IL IA HI GA FL DE CT CO AZ AR AL AK DC
  • States that introduced and rejected PFL legislation
  • States with active PFL programs
  • States with pending PFL legislation
  • States with PFL laws, but programs are not yet active
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District Of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Table 1: State Paid Family Leave Policies

Source: Bipartisan Policy Center

FeaturesTimelineParentalFamily CaregiverMedicalJob ProtectionSize of Employers
Covered
Funding MethodWage
Replacement
CAEnacted 2002, effective 20046 weeks (8 weeks
as of July 1, 2020)
6 weeks (8 weeks
as of July 1, 2020)
52 weeksNo; workers may
be entitled to job-protection under
the FMLA or the
California Family
Rights Act (CFRA)
All private employers,
self-employed
workers may opt
in, and some public
employers
Parental, family
caregiver, and medical
leave funded by
workers (1%)
60-70%;
weekly
maximum
benefit of
$1,252
NJEnacted 2008, effective 20096 weeks (8 weeks
as of July 1, 2020)
6 weeks (8 weeks
as of July 1, 2020)
26 weeksNo; workers may
be entitled to job-protection under the FMLA or the New Jersey Family Leave Act (NJFLA)
All private and public
employers
Parental and family
caregiver leave
funded by workers
(0.08%); medical leave
funded by workers
(0.17%) and employers
(0.10% - 0.75%)
66%; weekly
maximum
benefit of
$650 (85%
as of July 1, 2020)
RIEnacted 2013, effective 20144 weeks4 weeks30 weeksYes, while on parental or family
caregiver leave; 9
workers may also
be entitled to job-protection under the FMLA and the Rhode Island Parental and
Family Medical Leave Act (RIPFMLA)
All private and some
public employers
Parental, family
caregiver, and medical leave funded by
workers (1.1 %)
60%; weekly
maximum
benefit of
$867 (65% as
of 2020; 70%
as of 2021;
75% as of 22)
NYEnacted 2016, effective 201810 weeks (12 weeks
as of 2021)
10 weeks (12 weeks as of 2021)26 weeksYes, while on
parental and family
caregiver leave;
workers may also
be entitled to job-protection under the FMLA
Most private
employers; public
employers may opt-in
Parental and family
caregiver leave
funded by workers
(0.153%); medical
leave (not to exceed
60 cents) funded by
workers (0.5%) and
employers (remaining balance)
55%; weekly
maximum
benefit of
$746.41 (60%
as of 2020;
67% as of 2021)
DCEnacted 2017, effective 20208 weeks6 weeks2 weeksNo; workers may
be entitled to
job-protection
under the FMLA
and the District of
Columbia Family and Medical Leave Act
(DCFMLA)
All private employers,
self-employed
workers may opt in
Parental, family
caregiver, and medical leave funded by employer (0.62%)
90%; weekly
maximum benefit of $1,000
WAEnacted 2017, effective 2019 (premiums) and 2020 (benefits)12 weeks12 weeks12 weeksYes, but workers
must meet
specific eligibility
requirements similar
to the FMLA;
workers may also
be entitled to job-protection under
the FMLA and the
Washington Family
Leave Act (FLA)
All employers, self-employed workers
may opt in; firms
with <50 workers are exempt; firms with 50-150 workers may
receive assistance
Parental, family
caregiver, and medical leave premium (0.4%) funded by workers (63%) and employers (37%)
90%; weekly
maximum benefit of
$1,000
MAEnacted 2018, effective 2019 (premiums)
and 2021 (benefits)
12 weeks12 weeks20 weeksYes; workers may
also be entitled
to job-protection
under the FMLA and the Massachusetts
Parental Leave Act
(MPLA)
All employers, self-employed workers and local government may opt in; firms with <25 workers are exemptParental and family
caregiver leave
funded by workers
(0.13%); medical leave
premium (0.62%)
funded by workers
(40%) and employers (60%)
80%; weekly
maximum
benefit of $850
CTEnacted 2019, effective
2021 (premiums) and 2022 (benefits)
12 weeks12 weeks12 weeksYes, after working
for employer for 3
months; workers
may also be entitled
to job-protection
under the FMLA
and the Connecticut
Family and Medical
Leave Act (CFMLA)
All private sector
employers; self-employed workers
and local collective
bargaining units
may opt in
Parental, family
caregiver, and medical leave funded by
workers (0.5%)
95%; maximum
weekly benefit of $780
OREnacted 2019, effective 202312 weeks12 weeks12 weeksYes; workers may
also be entitled to
job-protection under the FMLA and the Oregon Family Leave Act (OFLA)
All employers; self-employed workers and tribal governments
may opt in; firms
with <25 workers
are exempt, but may receive assistance
Parental, family
caregiver, and medical leave premium (1%)
funded by workers
(60%) and employers (40%)
100%; maximum weekly benefit of $1,215
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