Paid Family Leave By State [2023]

Research Summary: The federal Family Medical Leave Act (FMLA) guarantees at least 12 weeks of leave for workers in all 50 states, but it doesn’t require that the leave be paid. For many families with newborns, sick family members, or serious health conditions themselves, a lack of paid family leave can become a serious issue.

Luckily, some states, 12 to be exact, have opted to expand on the FMLA with the goal of remedying this issue. By funding programs through employee and employer-paid payroll taxes, these states provide Family leave for specific medical and personal purposes.

Luckily, we’ve investigated all of the essential facts about paid family leave in the US, and according to our extensive research, these are all of the states with paid family leave laws:

States That Require Employers to Provide Paid Family Leave In 2022

While there are 12 states that have enacted paid family leave laws, not all of these policies have gone into effect yet. Currently, here are the seven states that have an active paid family leave policy:

1. California

   Law Title: California Family Rights Act (CFRA)
   Effective: 2004

   As the first state to pursue paid family leave, California definitely leads the pack in this regard.

   The CFRA provides a multitude of benefits for workers. For example, it offers more paid personal medical leave than any other state, at 52 weeks total. California also currently provides the highest max weekly benefit of any state, at $1,357.

   However, the bill is limited in some regards, as leave will only be covered for your own medical reasons or if you need to take care of a child, spouse, parent, or civil union partner.

2. Connecticut

   Law Title: Paid Family and Medical Leave Act (PFMLA)
   Effective: 2021

   Taking effect 2021, Connecticut’s PFMLA is one of the more recent on this list. One of the more unique aspects of this law is that it requires employees to earn at least $2,325 in the highest-earning quarter to be eligible. No other state prioritizes quarterly requirements.

   Overall, this law is in line with others, if not slightly more conservative. It offers 12 weeks of paid leave for parental, family caregiving, and personal medical reasons, but no job protection.

3. Massachusetts

   Law Title: Paid Family and Medical Leave (PFML)
   Effective: 2019

   The Massachusetts PFML provides paid family leave to any employee who has earned at least $5,700 during a 12-month period. This law offers 12 weeks of parental and family caregiving leave, as well as 20 weeks of personal medical leave.

   Luckily, your job will also be fully protected for the entire length of your leave, unlike the previous two states.

4. New Jersey

   Law Title: Family Leave Insurance (FLI)
   Effective: 2009

   Another one of the older states to pass paid family leave, New Jersey’s FLI offers 12 weeks of parental and family caregiving leave, as well as up to 26 weeks personal medical leave.

   However, this law has very specific eligibility requirements. For example, employees must have earned at least $12,000 during a 12-month period (more than double of what you would need to earn in MA) or at least $240 per week for 20 weeks.

5. New York

   Law Title: Paid Family Leave (PFL)
   Effective: 2018

   One of the only states that judges eligibility by weeks and days rather than hours or earnings, New York’s PFL law provides paid family leave for employees who work at least 26 consecutive weeks of full-time (20+ hours), or 175 part-time working days.

   If eligible, employees will be able to take 12 weeks of parental and family caregiving leave, as well as 20 weeks of personal medical leave. Another perk of the law is that employees can take leave for any family member, domestic partner, step-family member, or in-laws.

6. Rhode Island

   Law Title: Temporary Caregiver Insurance Program (TCI)
   Effective: 2014

   One of the most conservative paid leave laws on this list, the TCI offers only five weeks of parental and family caregiving leave (six weeks in 2023) and has very high earnings eligibility requirements.

   For instance, employees must earn at least $14,700 during a 12-month period.

   However, one big plus of this law is that you’re fully protected from losing your job while you’re away from work.

7. Washington

   Law Title: Paid Family and Medical Leave program (PFML)
   Effective: 2019

   Washington’s PFML law is unique for providing paid leave for an employee to take care of “any individual who expects to rely on the employee for care,” rather than only family or children. That means an employee could take paid time off to care for their injured friend if they so chose.

   Otherwise, this law is fairly standard, offering 12 weeks of paid leave for parental, family caregiving, and personal medical reasons.

Paid Family Leave Trends

Paid family leave laws continue to become more popular in states, especially democratic states. Just five years ago, there were only three states with paid family leave laws in effect, and now that number has more than doubled.

Plus, other states have also passed paid family laws that will take effect over the next few years. States to follow suit include: Colorado (effective 2023), Delaware (2025), Maryland (2023), Oregon (2023), and Wisconsin (2024).

Additionally, many of the new states to join the pack are opting for more leniency in who employees can take paid time off for to take care of, as well as job protection while the employee is away.

Results of Paid Family Leave

You might be wondering what the benefits are of implementing paid family leave laws. Luckily, we’ve gathered all of the facts about how these laws have affected workers, and our research shows that:

• 17% of women leave their job after childbirth, but women who are allowed paid family leave during this time only have a 2.6% of quitting.

• California’s paid family leave program reduced the risk of poverty among new mothers by 10.2%.

• 90% of businesses say that paid family leave improves productivity, and 99% say it improves employee morale.

• 87% of businesses report no increase in costs from paid family leave, and 9% actually save costs with reduced turnover.

Paid Family Leave FAQ

1. How many workers in the US have access to paid family leave?

   Only 23% of workers in the US have access to paid family leave. Despite the fact that 82% of Americans support paid maternity leave and 69% support paid paternity leave, the vast majority still don’t have access.

   This is somewhat unsurprising, given that only seven states currently have paid family leave laws in effect; however, it’s likely that the number of Americans with access will continue to increase. In the next three years alone, at least five more states will be implementing paid family leave policies.

2. Is paid family leave paid by employers?

   Whether or not paid family leave is paid by the employer depends on the state, but in most cases, no. For instance, in California or Connecticut, the cost is paid entirely by employees who pay part of their paycheck toward the benefit each time they get paid.

   On the other hand, some states have opted to split the cost. In Delaware and Colorado, for example, the cost will be split 50/50 between employer and employee. Likewise, the only state where employees will be doing most of the heavy lifting is Washington, where the cost is split, with employees paying 26.78% and employers 73.22%.

Conclusion

While paid family leave is still unavailable for most Americans, more and more states are choosing to implement paid family leave policies. As of 2022, seven states have paid family leave laws in effect, and this has contributed to the increase in Americans who have access (from 13% in 2015 to 26% in 2021).

These laws allow employees to take paid time off to take care of themselves and their families, with 12 weeks being the typical length in most states.

And more states will likely follow, as five more states will have made new paid family leave effective by 2025.

Author

Jack Flynn

Jack Flynn is a writer for Zippia. In his professional career he’s written over 100 research papers, articles and blog posts. Some of his most popular published works include his writing about economic terms and research into job classifications. Jack received his BS from Hampshire College.