Research Summary: While the federal Family Medical Leave Act (FMLA) guarantees at least 12 weeks of leave for employees across all 50 states, it does not mandate that this leave be paid. This gap can significantly impact families dealing with newborns, ill family members, or personal health issues.
Currently, 12 states have enhanced the FMLA by implementing paid family leave programs funded through employee and employer payroll taxes, designed to support workers during critical personal and medical circumstances.
We’ve conducted thorough research on paid family leave across the U.S., and here are the states that have enacted paid family leave laws:
| State | Timeline | Eligibility | Provides care for | Coverage | Job Protection |
|---|---|---|---|---|---|
| California | Enacted 2002, effective 2004 | Must be employed for 12 months with 1,250 hours of service during a 12-month period | Child, spouse, parent, or civil union partner |
Parental and family caregiving: eight weeks
Personal medical: 52 weeks |
No |
| Colorado | Enacted 2020, effective 2023 | Must have earned at least $2,500 during a 12-month period | Any individual with whom the employee has a significant personal bond | Parental, Family caregiving, and personal medical: 12 weeks | Yes, if employed for over 180 days |
| Connecticut | Enacted 2019, effective 2021 | Must have earned at least $2,325 in the highest-earning quarter | Any family member, domestic partner, step-family member, or in-laws | Parental, Family caregiving, and personal medical: 12 weeks | No |
| Delaware | Enacted 2022, effective 2025 | Must be employed for 12 months with 1,250 hours of service during a 12-month period | Any individual with whom the employee has a significant personal bond |
Parental, and personal medical: 12 weeks
Family caregiving: 6 weeks |
Yes |
| Maryland | Enacted 2022, effective 2023 | Must have at least 680 hours of service during a 12-month period | Child, spouse, parent, or domestic partner | Parental, Family caregiving, and personal medical: 12 weeks | Yes |
| Massachusetts | Enacted 2018, effective 2019 | Must have earned at least $5,700 during a 12-month period | Any family member or step-family members |
Parental and family caregiving: 12 weeks
Personal medical: 20 weeks |
Yes |
| New Jersey | Enacted 2008, effective 2009 | Must have earned at least $12,000 during a 12-month period, or at least $240 per week for 20 weeks | Child, spouse, parent, in-laws, or domestic partner |
Parental and family caregiving: 12 weeks
Personal medical: 26 weeks |
No |
| New York | Enacted 2016, effective 2018 | Must work 26 consecutive weeks of full-time (20+ hours) or 175 part-time working days | Any family member, domestic partner, step-family member, or in-laws |
Parental and family caregiving: 12 weeks
Personal medical: 26 weeks |
Yes |
| Oregon | Enacted 2019, effective 2023 | Must have earned at least $1,000 during a 12-month period. | Any family member, domestic partner, step-family member, or in-laws | Parental, Family caregiving, and personal medical: 12 weeks | Yes |
| Rhode Island | Enacted 2013, effective 2014 | Must have earned at least $14,700 during a 12-month period | Any family member, domestic partner, step-family member, or in-laws |
Parental and family caregiving: 6 weeks
Personal medical: 30 weeks |
Yes |
| Washington | Enacted 2017, effective 2019 | Must have at least 820 hours of service during a 12-month period | Any individual who expects to rely on the employee for care | Parental, Family caregiving, and personal medical: 12 weeks | No |
| Wisconsin | Enacted 2022, effective 2024 | Must have at least 680 hours of service during a 12-month period | Child, spouse, parent, domestic partner, or parent of a domestic partner | Parental, Family caregiving, and personal medical: 12 weeks | Yes |
States That Require Employers to Provide Paid Family Leave in 2026
While there are 12 states with enacted paid family leave laws, not all policies are currently in effect. Here are the seven states with active paid family leave programs:
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California
Law Title: California Family Rights Act (CFRA)
Effective: 2004As the pioneer state for paid family leave, California remains at the forefront with its CFRA, offering a wealth of benefits to workers. Notably, it provides an extensive 52 weeks of paid personal medical leave, alongside the highest maximum weekly benefit of $1,357.
However, the coverage is limited, only addressing leave for personal medical reasons or to care for a child, spouse, parent, or civil union partner.
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Connecticut
Law Title: Paid Family and Medical Leave Act (PFMLA)
Effective: 2021Connecticut’s PFMLA, effective in 2021, mandates that employees must earn at least $2,325 in their highest-earning quarter for eligibility, making it unique in its approach. The law allows for 12 weeks of paid leave for parental, family caregiving, and personal medical purposes but does not include job protection.
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Massachusetts
Law Title: Paid Family and Medical Leave (PFML)
Effective: 2019The Massachusetts PFML provides paid family leave to employees earning at least $5,700 within a year. This law grants 12 weeks of parental and family caregiving leave, as well as 20 weeks for personal medical leave, with full job protection throughout the leave.
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New Jersey
Law Title: Family Leave Insurance (FLI)
Effective: 2009New Jersey’s FLI provides 12 weeks for parental and family caregiving leave and up to 26 weeks for personal medical leave. Eligibility requires employees to have earned at least $12,000 within a 12-month period or $240 per week over 20 weeks.
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New York
Law Title: Paid Family Leave (PFL)
Effective: 2018New York’s PFL law assesses eligibility based on working 26 consecutive weeks of full-time (20+ hours) or 175 part-time days. Eligible employees can take up to 12 weeks of parental and family caregiving leave, plus 20 weeks for personal medical leave, covering any family member, domestic partner, step-family member, or in-laws.
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Rhode Island
Law Title: Temporary Caregiver Insurance Program (TCI)
Effective: 2014Rhode Island’s TCI is one of the more conservative laws, allowing for only six weeks of parental and family caregiving leave (increased to six weeks in 2023) with high earnings eligibility requirements of $14,700 within a year. However, the law guarantees job security during the leave.
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Washington
Law Title: Paid Family and Medical Leave program (PFML)
Effective: 2019Washington’s PFML law stands out by allowing employees to care for “any individual who expects to rely on the employee for care,” rather than just family. This program offers 12 weeks of paid leave for parental, family caregiving, and personal medical reasons.
Paid Family Leave Trends
The trend of implementing paid family leave laws continues to rise, especially in states with more progressive policies. Just five years ago, only three states had active paid family leave laws; that number has now more than doubled.
Furthermore, several states have passed laws that will come into effect in the next few years, including: Colorado (effective 2023), Delaware (2025), Maryland (2023), Oregon (2023), and Wisconsin (2024).
Newly enacted laws are increasingly allowing broader definitions of who employees can take paid time off to care for, as well as ensuring job protection during absences.
Results of Paid Family Leave
The implementation of paid family leave laws has demonstrated significant benefits for workers. Research indicates that:
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17% of women leave their jobs after childbirth, but only 2.6% of those with access to paid family leave quit.
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California’s paid family leave program has decreased new mothers’ poverty risk by 10.2%.
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90% of businesses report that paid family leave enhances productivity, while 99% find it boosts employee morale.
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87% of businesses note no increase in costs due to paid family leave; in fact, 9% experience cost savings from reduced turnover.
Paid Family Leave FAQ
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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 82% of Americans supporting paid maternity leave and 69% backing paid paternity leave, the majority lack access. This is not surprising given that only seven states have enacted paid family leave laws that are currently active; however, the number of Americans with access is expected to rise, with at least five more states implementing paid family leave policies in the next three years.
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Is paid family leave paid by employers?
Whether paid family leave is funded by the employer varies by state, but typically, it is not. In states like California and Connecticut, employees contribute to this benefit through payroll deductions. In contrast, some states, like Delaware and Colorado, share the cost equally between employers and employees. In Washington, employees cover a larger portion, paying 26.78% while employers cover 73.22%.
Conclusion
Although paid family leave remains inaccessible to most Americans, a growing number of states are adopting these essential policies. By 2026, seven states have implemented paid family leave laws, contributing to the increase of those with access (from 13% in 2015 to 26% in 2021).
These laws enable employees to take paid time off for personal and family care, typically extending up to 12 weeks in most states.
As this trend continues, additional states will likely implement new paid family leave policies, with five states introducing them by 2025.
Author
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.
