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State Paid Family Leave Laws Across the U.S.

The Brief

Numbers, state map, and table have been updated on February 10, 2021.

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.

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Figure 1: Status of PFL Laws

  • States with no PFL legislation introduced
  • States with pending PFL legislation
  • States with PFL laws, but programs are not yet active
  • States with active PFL programs
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 with no PFL legislation introduced
  • States with pending PFL legislation
  • States with PFL laws, but programs are not yet active
  • States with active PFL programs
Alabama
Alaska
Arkansas
Delaware
Florida
Idaho
Kansas
Kentucky
Louisiana
Maine
Michigan
Minnesota
Mississippi
Nevada
New Hampshire
North Carolina
Ohio
Pennsylvania
Texas
Utah
West Virginia
Wisconsin
Wyoming
Alabama
Arizona
Georgia
Hawaii
Illinois
Indiana
Iowa
Maryland
Missouri
Montana
Nebraska
New Mexico
North Dakota
Oklahoma
South Carolina
Tennessee
Vermont
Virginia
Connecticut
Oregon
Colorado
California
New Jersey
Rhode Island
New York
District Of Columbia
Washington
Massachusetts

Table 1: Status of Paid Family Leave Programs at the State Level

Source: National Partnership for Women & Families, “State Paid Family and Medical Leave Insurance Laws,” January 2021. Available at: https://www.nationalpartnership.org/our-work/resources/economic-justice/paid-leave/state-paid-family-leave-laws.pdf

FeaturesTimelineParentalFamily CaregiverMedicalJob ProtectionSize of Employers<br /> CoveredFunding MethodWage<br /> Replacement
CAEnacted 2002, effective 20046 weeks (8 weeks<br /> as of July 1, 2020)6 weeks (8 weeks<br /> as of July 1, 2020)52 weeksNo; workers may<br /> be entitled to job-protection under<br /> the FMLA or the<br /> California Family<br /> Rights Act (CFRA)All private employers,<br /> self-employed<br /> workers may opt<br /> in, and some public<br /> employersParental, family<br /> caregiver, and medical<br /> leave funded by<br /> workers (1%)60%<br /> weekly<br /> maximum<br /> benefit of<br /> $1,252
NJEnacted 2008, effective 20096 weeks (8 weeks<br /> as of July 1, 2020)6 weeks (8 weeks<br /> as of July 1, 2020)26 weeksNo; workers may<br /> be entitled to job-protection under the FMLA or the New Jersey Family Leave Act (NJFLA)All private and public<br /> employersParental and family<br /> caregiver leave<br /> funded by workers<br /> (0.08%); medical leave<br /> funded by workers<br /> (0.17%) and employers<br /> (0.10% - 0.75%)66%; weekly<br /> maximum<br /> benefit of<br /> $650 (85%<br /> as of July 1, 2020)
RIEnacted 2013, effective 20144 weeks4 weeks30 weeksYes, while on parental or family<br /> caregiver leave; 9<br /> workers may also<br /> be entitled to job-protection under the FMLA and the Rhode Island Parental and<br /> Family Medical Leave Act (RIPFMLA)All private and some<br /> public employersParental, family<br /> caregiver, and medical leave funded by<br /> workers (1.1 %)60%; weekly<br /> maximum<br /> benefit of<br /> $867 (65% as<br /> of 2020; 70%<br /> as of 2021;<br /> 75% as of 22)
NYEnacted 2016, effective 201810 weeks (12 weeks<br /> as of 2021)10 weeks (12 weeks as of 2021)26 weeksYes, while on<br /> parental and family<br /> caregiver leave;<br /> workers may also<br /> be entitled to job-protection under the FMLAMost private<br /> employers; public<br /> employers may opt-inParental and family<br /> caregiver leave<br /> funded by workers<br /> (0.153%); medical<br /> leave (not to exceed<br /> 60 cents) funded by<br /> workers (0.5%) and<br /> employers (remaining balance)55%; weekly<br /> maximum<br /> benefit of<br /> $746.41 (60%<br /> as of 2020;<br /> 67% as of 2021)
DCEnacted 2017, effective 20208 weeks6 weeks2 weeksNo; workers may<br /> be entitled to<br /> job-protection<br /> under the FMLA<br /> and the District of<br /> Columbia Family and Medical Leave Act<br /> (DCFMLA)All private employers,<br /> self-employed<br /> workers may opt inParental, family<br /> caregiver, and medical leave funded by employer (0.62%)90%; weekly<br /> maximum benefit of $1,000
WAEnacted 2017, effective 2019 (premiums) and 2020 (benefits)12 weeks12 weeks12 weeksYes, but workers<br /> must meet<br /> specific eligibility<br /> requirements similar<br /> to the FMLA;<br /> workers may also<br /> be entitled to job-protection under<br /> the FMLA and the<br /> Washington Family<br /> Leave Act (FLA)All employers, self-employed workers<br /> may opt in; firms<br /> with <50 workers are exempt; firms with 50-150 workers may<br /> receive assistanceParental, family<br /> caregiver, and medical leave premium (0.4%) funded by workers (63%) and employers (37%)90%; weekly<br /> maximum benefit of<br /> $1,000
MAEnacted 2018, effective 2019 (premiums)<br /> and 2021 (benefits)12 weeks12 weeks20 weeksYes; workers may<br /> also be entitled<br /> to job-protection<br /> under the FMLA and the Massachusetts<br /> Parental Leave Act<br /> (MPLA)All employers, self-employed workers and local government may opt in; firms with <25 workers are exemptParental and family<br /> caregiver leave<br /> funded by workers<br /> (0.13%); medical leave<br /> premium (0.62%)<br /> funded by workers<br /> (40%) and employers (60%)80%; weekly<br /> maximum<br /> benefit of $850
CTEnacted 2019, effective<br /> 2021 (premiums) and 2022 (benefits)12 weeks12 weeks12 weeksYes, after working<br /> for employer for 3<br /> months; workers<br /> may also be entitled<br /> to job-protection<br /> under the FMLA<br /> and the Connecticut<br /> Family and Medical<br /> Leave Act (CFMLA)All private sector<br /> employers; self-employed workers<br /> and local collective<br /> bargaining units<br /> may opt inParental, family<br /> caregiver, and medical leave funded by<br /> workers (0.5%)95%; maximum<br /> weekly benefit of $780
OR Enacted 2019, effective 202312 weeks12 weeks12 weeksYes; workers may<br /> also be entitled to<br /> job-protection under the FMLA and the Oregon Family Leave Act (OFLA)All employers; self-employed workers and tribal governments<br /> may opt in; firms<br /> with <25 workers<br /> are exempt, but may receive assistanceParental, family<br /> caregiver, and medical leave premium (1%)<br /> funded by workers<br /> (60%) and employers (40%)100%; maximum weekly benefit of $1,215
COEnacted 2020, effective 2023 (premiums) and 2024 (benefits) 12 weeks 12 weeks 12 weeks Yes, if they have been working for their employer for at least 180 days; workers may also be entitled to job-protection under the FMLA or the Colorado Family Care Act.All private and state employers; Local government employers can opt out; Self-employed individuals and independent contractors can opt in. Parental, family caregiver, and medical leave premium funded by workers (50%) and employers (50%); the premium rate is 0.9% in the first two years and then 1.9% thereafter; employers with <10 workers are exempt.90%; maximum weekly benefit of $1,000. Adjusted annually to equal 90% of the average weekly wage.
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