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
- 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
Features | Timeline | Parental | Family Caregiver | Medical | Job Protection | Size of Employers Covered | Funding Method | Wage Replacement |
---|---|---|---|---|---|---|---|---|
CA | Enacted 2002, effective 2004 | 6 weeks (8 weeks as of July 1, 2020) | 6 weeks (8 weeks as of July 1, 2020) | 52 weeks | No; 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 |
NJ | Enacted 2008, effective 2009 | 6 weeks (8 weeks as of July 1, 2020) | 6 weeks (8 weeks as of July 1, 2020) | 26 weeks | No; 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) |
RI | Enacted 2013, effective 2014 | 4 weeks | 4 weeks | 30 weeks | Yes, 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) |
NY | Enacted 2016, effective 2018 | 10 weeks (12 weeks as of 2021) | 10 weeks (12 weeks as of 2021) | 26 weeks | Yes, 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) |
DC | Enacted 2017, effective 2020 | 8 weeks | 6 weeks | 2 weeks | No; 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 |
WA | Enacted 2017, effective 2019 (premiums) and 2020 (benefits) | 12 weeks | 12 weeks | 12 weeks | Yes, 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 |
MA | Enacted 2018, effective 2019 (premiums) and 2021 (benefits) | 12 weeks | 12 weeks | 20 weeks | Yes; 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 exempt | Parental 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 |
CT | Enacted 2019, effective 2021 (premiums) and 2022 (benefits) | 12 weeks | 12 weeks | 12 weeks | Yes, 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 |
OR | Enacted 2019, effective 2023 | 12 weeks | 12 weeks | 12 weeks | Yes; 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 |