State Family & Medical Leave Laws

Click on the map to explore state and selected local family and medical leave laws.

This page was last updated on August 29, 2023. It presents an expansive list of state and local laws governing family and medical leave but is not intended to serve as an exhaustive list of all applicable family and medical leave laws.

Alabama has no state law requiring private employers to provide comprehensive family and medical leave beyond what is required under the federal Family and Medical Leave Act (FMLA). However, some Alabama legislation addresses certain family and medical leaves. 

Alabama Adoption Promotion Act 

The state’s Adoption Promotion Act provides leave in specific situations: 

• Unpaid leave: Under the legislation, eligible employees are entitled to 12 weeks of unpaid leave during the first year after a biological child’s birth or an adopted child’s placement. Adoptive parents must be given the same consideration as birth parents regarding requests for additional leave to care for an ill child or a child with a disability. This leave runs concurrently with the FMLA. Leave may be taken intermittently only if the employer and employee agree. If an eligible employee has exhausted their FMLA leave, the employer is not required to provide additional leave.  
• Paid leave: If an employer provides paid leave to an employee for the birth of a child, then it must provide an adoptive parent with the lesser of: 1) equivalent paid leave, or 2) two weeks of paid leave. If a company employs both adoptive parents of a child, it must provide paid leave to only one of them.   

Alaska currently has no state law that requires private employers to provide comprehensive family and medical leave beyond what is required under the FMLA. 

Arizona currently has no state law requiring private employers to provide comprehensive family and medical leave beyond what is required under the FMLA. 

Arkansas currently has no state law that requires private employers to provide comprehensive family and medical leave beyond what is required under the FMLA. 

California has several state laws pertaining to family and medical leave. They include: 

1. California Family Rights Act (CFRA) 
2. Pregnancy Disability Leave (PDL) 
3. Kin Care 
4. Paid Family Leave (PFL) 

In addition, some California cities may have municipal leave laws that apply.  

1. California Family Rights Act (CFRA) 

The California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for their own serious health condition, to care for a family member with a serious health condition, or to bond with a new child (by birth, adoption or foster placement).  

Under the CFRA, pregnancy is not a “serious health condition.” Instead, pregnancy and pregnancy-related conditions are covered separately (see below). However, after pregnancy disability leave ends, eligible employees are entitled to take CFRA leave to bond with a child during the first year after birth or placement.  

The CFRA also requires covered employers to grant eligible employees’ requests for up to five days of bereavement leave after the death of certain family members.  

CFRA leave runs concurrently with FMLA leave. 

Employers must display this poster in a conspicuous workplace location.  

2. Pregnancy Disability Leave (PDL) 

In California, employers with five or more employees must provide pregnancy disability leave (PDL) to any employee disabled due to pregnancy, childbirth or related medical conditions. In such cases, PDL provides unpaid, job-protected leave for a reasonable period of time (up to four months).  

If an employer provides more than four months of leave for other types of temporary disabilities, it must provide the same leave to an employee taking PDL. 

Other than having a qualifying pregnancy-related disability, no tenure, hours or additional eligibility requirements exist. Full- and part-time employees are treated the same. 

PDL is only available when an employee is actually disabled by pregnancy. It can be used for prenatal or postnatal care, including severe morning sickness, doctor-ordered bed rest, childbirth, loss of pregnancy or any other related medical condition. 

Note: While PDL leave runs concurrently with FMLA leave, it runs consecutively with CFRA leave because “CFRA leave is not for pregnancy-related conditions.” Instead, PDL is for pregnancy-related conditions, and CFRA leave is for bonding with a new child in the first year after birth or placement.  

3. Kin Care 

Under the state’s “Kin Care” law, California employers that provide sick leave for employees are required to allow workers to use up to half of their accrued time to care for sick family members.  

The law prohibits retaliation against an employee who uses kin care leave and allows workers to seek reinstatement, back wages and damages. 

4. California Paid Family Leave 

California Paid Family Leave (PFL) provides benefit payments to employees who need to take time off work to: 

• Care for a seriously ill family member 
• Bond with a new child, or 
• Participate in a qualifying event due to a family member’s military deployment. 

Eligible employees can receive up to eight weeks of partial pay within a 12-month period, and payments are typically between 60%-70% of weekly wages. Applying online is recommended, but employees can also apply by mail.  

PFL provides payment but does not provide job protection.  

San Francisco Municipal Laws

Family Friendly Workplace Ordinance (FFWO) 

San Francisco’s Family Friendly Workplace Ordinance (FFWO) gives certain employees the right to request flexible or predictable work arrangements to assist with caregiving responsibilities. 

The FFWO applies to employers with 20 or more employees.  

Under the ordinance, employees have the right to seek flexible or predictable work arrangements if they meet the following conditions: 

• They work in the geographical boundaries of San Francisco or telework and are assigned to a San Francisco office. 
• They work at least eight hours per week.  
• They have been employed by the company for at least six months, and 
• They are the primary caregiver of 1) a child for whom they have (or have assumed) parental responsibility; 2) a family member with a serious health condition; or 3) a family member who is 65 or older. 

Employees must submit written requests for flexible or predictable scheduling. Employers must respond within 21 days.

If the request is granted, employers must confirm in writing. If the request is denied, the employer must engage in the interactive process to consider alternative options.

After engaging in the interactive process, an employer may deny the request if no agreement was reached if the company can show the requested accommodation would pose undue hardship.

If the request is denied, the company must provide a written response explaining the reason for the denial along with a notice of the employee’s right to request reconsideration within 30 days and file a complaint.

If the employee seeks reconsideration, the employer must arrange a meeting to discuss within 21 days and send a final written decision to the employee within 14 days of the meeting. 

Paid Parental Leave Ordinance 

San Francisco’s Paid Parental Leave Ordinance requires employers to provide supplemental compensation on top of the state’s PFL to employees bonding with a child. 

The ordinance applies to employers with 20 or more employees working worldwide. Employers are required to display the Paid Parental Leave poster in a prominent location and provide the information in the company handbook. Employers must also provide leave application forms when informed that an employee will become a parent.  

The city’s supplemental leave payment makes up the difference between the benefit paid from state’s PFL (usually 60%-70% of wages) and 100% of employees’ gross wages for up to eight weeks up to a capped amount. In 2023, the cap is $2,700. 

To be eligible, employees must have worked for the employer for at least 180 days prior to the start of the leave; work at least eight hours per week in the geographical boundaries of San Francisco; and work at least 40% of their time in the geographical boundaries of San Francisco.  

Colorado Paid Family and Medical Leave 

In November 2020, Colorado voters approved Proposition 118, creating a paid family and medical leave program.  

The state’s new Division of Family and Medical Leave Insurance (FAMLI) oversees the FAMLI program, which is currently funded by 0.9% premiums of employees’ wages. Premiums may be adjusted annually and are capped at 1.2%. 

The cost of the program is split evenly between employers and employees. Premium payments began on Jan. 1, 2023, and FAMLI will start providing employee benefits on Jan. 1, 2024. 

All businesses, regardless of size, with at least one qualified employee are required to register with the FAMLI Division. Small employers with fewer than 10 employees aren’t required to cover the employer’s share of premiums. Instead, they’re only responsible for deducting and remitting the 0.45% employee share to the FAMLI Division each quarter.  

Regarding notice, employers are required to display a poster created by the FAMLI Division in a prominent location in the workplace. Employers must also provide notice about the FAMLI program upon hiring and when a qualifying event triggers the need for leave. The FAMLI Division created a FAMLI Handbook that outlines employees’ rights to help companies provide appropriate notice.  

Most employees become eligible once they have earned at least $2,500 during the first four of the last five completed calendar quarters immediately preceding the first day of their benefit year. Under the FAMLI program, eligible workers can take up to 12 weeks of paid leave per year. If the worker has a serious health condition related to pregnancy or childbirth complications, then an additional four weeks of paid leave are available (up to 16 total).  

Beginning Jan. 1, 2024, eligible workers can use the FAMLI program: 

• To care for and bond with a new child for one year after the child’s birth, adoption or foster care placement 
• For their own serious health conditions 
• To care for a family member with a serious health condition 
• For a qualifying exigency, or  
• For a safe leave.  

The legislation defines: 

• “qualifying exigencies leave” as leave for an employee’s family member’s service or call to service. The leave can be used for a variety of military-related activities, such as providing care for a military member’s child, attending a military event, spending time with a military member upon return from an active-duty deployment, and making funeral arrangements for a deceased military member. 
• “safe leave” as leave to obtain protection related to domestic violence, stalking, sexual assault or abuse. The leave may be used to protect the worker or a family member by: 1) seeking a court order; 2) obtaining medical care or mental health counseling; 3) securing the worker’s home; or 4) seeking legal assistance. 

Employees who take leave under the FAMLI program do not accrue employment or seniority benefits while on leave. Workers who have been with the company for at least 180 days are entitled to job protection. 

The FAMLI program was designed to run concurrently with the FMLA. 

Employers are required to maintain health care benefits for employees on leave, and employees must pay any share of health benefit premiums required before the leave. 

Employers with private plans that provide the same benefits as the FAMLI program do not need to provide double leave. However, private plans must be approved by the FAMLI Division.  

Colorado Family Care Act (CFA)    

The Colorado Family Care Act (CFA) broadens the leave options provided under the federal FMLA. Specifically, the CFA allows FMLA-eligible employees to also take leave to care for partners in a civil union or domestic partnership who have a serious medical condition. The CFA runs concurrently with the FMLA.  

Connecticut has several laws pertaining to family and medical leave. 

First, the state has two separate family and medical leave laws that allow eligible employees to take time off work to care for themselves or family members who have serious medical conditions: 

• Connecticut Family & Medical Leave Act (CT FMLA), and 
• Paid Family and Medical Leave Act (PFLMA). 

Connecticut Family & Medical Leave Act (CT FMLA)   

The Connecticut Family & Medical Leave Act (CT FMLA) provides eligible employees with unpaid, job-protected leave. 

Employers must provide notice of the law to employees at the time of hiring and annually thereafter. Notice may be provided electronically. The state DOL has created model notices of employee rights. 

To be eligible, employees must have earned at least $2,325 in the highest-earning quarter of the first four of the five most recently completed quarters. In addition, they must be currently employed and have been employed for at least three consecutive months. 

Under the CT FMLA, employers with at least one employee must provide 12 weeks of unpaid, job-protected leave during a 12-month period for the following reasons: 

• For an employee’s own serious health condition 
• To care of a family member’s serious health condition 
• For the birth, adoption or foster placement of a child 
• To serve as an organ or bone marrow donor, or 
• For a qualifying exigency leave. 

In case of incapacity during pregnancy, eligible employees are entitled to two more weeks of leave.  

Intermittent leave may be taken for a serious health condition. However, leave for the birth or placement of a child may be taken intermittently only if the employer and employee agree on such an arrangement.  

Under the military caregiver provision, the CT FMLA allows eligible employees, under specific circumstances, to take up to 26 weeks of unpaid leave in a single 12-month period to care for a covered military service member with a serious injury or illness. 

Eligible employees taking leave under the CT FMLA can apply for income replacement under the state’s paid leave law. (See below). 

Connecticut’s Paid Family & Medical Leave Act (PFMLA)   

The state’s Paid Family & Medical Leave Act (PFLMA) amends the CT FLMA to add income replacement for eligible employees who take leave under the CT FMLA.  

The PFLMA is often referred to as CT Paid Leave (CTPL). The names and acronyms are often used interchangeably, so employers should be familiar with both sets of terms. 

As of Jan. 1, 2022, eligible employees who take leave under the CT FMLA can apply for wage replacement. The legislation established the CT Paid Leave (CTPL) Authority to take applications from employees. The state’s DOL handles appeals regarding denials of paid leave.  

If an employee chooses to use CTPL and the reason for the leave is also covered under the FMLA, then the leaves run concurrently. 

In addition, eligible employees who take leave under the Connecticut Family Violence Leave Act (see below) can apply for paid leave through the CTPL Authority. Under these circumstances, paid leave benefits are limited to 12 days.  

Connecticut Family Violence Leave Act  

Under the Connecticut Family Violence Leave Act, employers with three employees or more are required to provide up to 12 days of leave to employees who are victims of family violence for the following reasons: 

• Seeking medical treatment or counseling 
• Relocating due to the violence 
• Meeting with a victim services organization to get help, and 
• Attending court proceedings.  

An employee can apply for CTPL while taking leave due to family violence. Benefits are limited to 12 days. 

Connecticut Pregnancy Disability Leave 

Under state law, Connecticut employers with three or more employees cannot discriminate or retaliate against a woman based on her pregnancy.  

Employers must: 

• Provide a reasonable leave of absence for disability due to pregnancy. 
• Not deny disability or leave benefits accrued under plans maintained by the employer. 
• Provide reasonable accommodations related to pregnancy, childbirth and lactation. 
• Not limit or segregate an employee in a way that would deprive her of employment opportunities. 
• Reinstate the employee to her original job or equivalent position after her leave. 

All pregnant employees are entitled to protection under the law, regardless of how long they’ve worked for the company. 

Employers must display this poster in a conspicuous workplace location and provide it to new employees and to an existing employee within 10 days after she notifies the company of her pregnancy. 

Healthy Delaware Families Act (HDFA) 

The recently passed Healthy Delaware Families Act (HDFA) will provide FMLA-like paid leave to eligible employees. The HDFA will be funded by premiums totaling 0.8% of employees’ wages, broken down as follows:  

• 0.4% for medical leave 
• 0.32% for parental leave, and 
• 0.08% for family caregiving leave. 

Employers may – but are not required to – withhold up to 50% of the premiums from employees’ paychecks. Contributions will begin on Jan. 1, 2025, and benefits will begin on Jan. 1, 2026. 

The HDFA will provide up to 80% of average weekly wages ($900 weekly max in 2026). Starting in 2027, the state DOL may revise premium rates, which are capped at 1%.  

The law applies to employers (including state and local governmental employers) with more than 25 employees working in Delaware during the previous 12 months.  

Employers with 10–24 employees must contribute, but only the paid parental leave portion applies. State governmental employers and school districts do not need to cover part-time and seasonal employees. The law exempts: 

• The federal government 
• Small employers with fewer than 10 employees in Delaware during the previous 12 months (although employers may voluntarily opt into the program), and 
• Any business that closes completely for at least 30 consecutive days per year. 

To be eligible, employees must have worked for at least one year and at least 1,250 hours in the previous 12 months. Unlike the FMLA, the HDFA does not require employees to work within 75 miles of at least 50 other employees. 

As of Jan. 1, 2026, eligible employees may take: 

• Parental leave (up to 12 weeks in a 12-month period) 
• Medical leave (up to six weeks in a 24-month period) 
• Family caregiving leave (up to six weeks in a 24-month period), and
• Military qualifying exigencies (up to six weeks in a 24-month period). 

The total combined leave under the HDFA is capped at 12 weeks per year per employee. If the reason for the leave qualifies under both laws, then HDFA and FMLA leaves run concurrently. 

The HDFA has anti-discrimination and anti-retaliation provisions, and penalties may be applied. The law allows penalties of $1,000 to $5,000 per violation. Employees also have the right to sue to recover lost wages, benefits, interest, damages and attorneys’ fees. 

Employees who take leave are entitled to continued employee health benefits during leave, though they must continue to pay their share of the cost of such benefits. 

Employers must provide notice to employees at the time of hire, upon receiving a leave request and display a poster with HDFA info in a conspicuous location in the workplace.  

The District of Columbia has two separate types of family and medical leave that allow eligible employees to take time off work to care for themselves or family members who have serious medical conditions. They are: 

• District of Columbia Family and Medical Leave Act (DCFMLA), and 
• DC Paid Family Leave (PFL). 

District of Columbia Family and Medical Leave Act (DCFMLA) 

The District of Columbia Family and Medical Leave Act (DCFMLA) requires employers with 20 or more employees to provide eligible employees with 16 weeks of unpaid family leave and 16 weeks of unpaid medical leave during a 24-month period for the: 

• birth of a child 
• placement of a child (adoption, foster, permanent guardianship), and
• care of a family member with a serious health condition. 

To be eligible, employees must have been employed by the same employer for at least 1,000 hours during 12 consecutive or nonconsecutive months over the seven years preceding the leave request.  

Because the leave is job-protected, workers who take leave are entitled to restoration of employment to their former position or to a position with equivalent pay, benefits and seniority. 

Employers must display a notice of employees’ rights in a conspicuous workplace location. Companies may be fined up to $100 per day for violations. 

If the leave also qualifies under the federal FMLA, the leaves run concurrently. 

DC Paid Family Leave (PFL) 

Under the Universal Paid Leave Amendment Act of 2016, DC Paid Family Leave (PFL) provides paid leave to eligible employees in the District of Columbia. PFL does not provide job protection – only wage replacement. 

The program is funded by a quarterly 0.26% payroll tax based on the immediate past quarter of gross or total wages paid, much like the unemployment insurance tax. The amount cannot be deducted from employees’ paychecks. 

All private-sector employers in DC must participate in the program – even if the company provides paid leave benefits to workers. However, employers have discretion to determine how their employer-provided benefits will coordinate with PFL benefits. 

Employers must display a poster notifying employees of their rights under the PFL program in a prominent location in the workplace. The poster is updated each October and must be displayed by the following February. Employers must also provide such notice to employees at the time of hiring and when employees ask for leave.  

All DC workers have access to the benefit, even if additional leave benefits are provided by their employer. Generally, employees are eligible if they have a qualifying event. 

The PFL provides paid leave benefits as follows:  

• Up to 2 weeks leave for prenatal care (prenatal leave)  
• Up to 12 weeks leave for bonding with child (parental leave) 
• Up to 12 weeks leave for a serious medical condition (medical leave), and
• Up to 12 weeks leave to care for family members with serious medical conditions (family leave). 

The maximum leave is 12 weeks, except for pregnant women who also take prenatal leave, for a total of 14 weeks leave.  

The leave provides wage replacement, up to 90% of wages up to 1.5 times the minimum wage in DC, and up to 50% of wages above 1.5 times the minimum wage. The maximum weekly benefit is $1,049. 

Additional specific requirements may apply, depending on the type of leave taken.   

For prenatal leave, pregnant workers can apply for up to two weeks paid leave, which can be taken in one-day increments. The leave can be used for prenatal checkups, medical treatment related to pregnancy, a visit to the employee’s doctor for a diagnosis related to pregnancy or physician-ordered bed rest. To begin the application process, employees must have their physician complete a prenatal medical certification form. 

To qualify for parental leave, employees must have welcomed a new child into the family in the past year, whether through birth, adoption or foster placement, or assumption of parental guardianship. Employees may receive employer-provided paid parental leave and DC paid leave simultaneously. However, employers have the option to require workers to use DC paid leave before applying for company benefits. 

Regarding medical leave, employees who have an eligible health condition can apply for medical leave benefits. Eligible health conditions include: 

• Conditions that require an overnight stay at a hospital 
• Conditions that cause an extended period of incapacity and need for treatment 
• Chronic conditions 
• Incurable conditions 
• Restorative surgeries 
• Pregnancy or prenatal care appointments, and 
• Preventative treatments. 

Employees can receive employer-provided paid sick leave and DC paid leave simultaneously. However, employers can require workers to use DC paid leave before applying for company benefits. 

As to family leave, employees can apply for family leave to provide care or companionship to a family member with a serious health condition. Eligible family members include children (biological, foster and step), parents, spouses, grandparents and siblings.  

DC Accrued Sick and Safe Leave Act 

Under the District of Columbia’s Accrued Sick and Safe Leave Act, all private sector and government employers must provide employees with paid leave. The amount required depends on how many employees an employer has, as outlined below:  

• Employers with fewer than 25 employees in the District of Columbia must provide eligible employees with one hour of paid leave for every 87 hours worked, not to exceed three days of paid leave per calendar year. 
• Employers with 25 to 99 employees in the District of Columbia must provide eligible employees with one hour of paid leave for every 43 hours worked, not to exceed five days of paid leave per calendar year. 
• Employers with 100 or more employees in the District of Columbia must provide eligible employees with one hour of paid leave for every 37 hours worked, not to exceed seven days of paid leave per calendar year. 

To be eligible for the leave, employees must have worked for their employer for at least 90 days and must work at least 50% of the time in the District of Columbia. The leave may be used for absences due to an employee’s (or a family member’s) need to: 

• Take time off due to a physical or mental illness, injury or medical condition 
• Obtain a medical diagnosis or receive preventative medical care 
• Take time off after being victimized by stalking, domestic violence, or sexual abuse, and 
• Obtain social or legal services pertaining to stalking, domestic violence, or sexual abuse. 

Employees can “roll over” accrued leave from year to year, but employers do not have to pay workers for unused leave upon termination or resignation. 

Employers must post this Official Notice in a conspicuous location in the workplace. Failure to post may result in fines of $100 per day.   

The state of Florida currently has no law requiring private employers to provide family and medical leave beyond those required by the FMLA. 

Miami-Dade County Municipal Laws

Family Leave Ordinance 

Miami-Dade County’s Family Leave Ordinance expands employees’ rights under the federal FMLA to include caring for a grandparent with a serious health condition. 

Georgia currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA.  

However, a state law imposes specific requirements on employers that choose to provide paid sick leave as part of the company’s benefits package.  

Family Care Act 

First things first: Georgia’s Family Care Act does not require employers to provide paid sick leave. Instead, it applies to employers that already provide paid sick leave. 

Under the law, employers with 25 or more employees that provide sick leave must allow workers to use up to five days of leave per calendar year to care for an immediate family member, defined as a “child, spouse, grandchild, grandparent, or parent or any dependents as shown in the employee’s most recent tax return.” Employees are eligible if they work at least 30 hours per week.  

Hawaii Family Leave Law (HFLL) 

Under the Hawaii Family Leave Law (HFLL), employers with 100 or more employees must provide leave to workers who have worked for at least six consecutive months. Employers must post a notice in a conspicuous location in the workplace. 

Eligible employees are entitled to a total of four weeks of unpaid family leave per calendar year for the birth or adoption of a child or to care for an immediate family member with a serious health condition. Eligible family members include a “child, grandchild, spouse, reciprocal beneficiary, sibling, or parent.” 

The leave may be taken intermittently, and it runs concurrently with the FMLA. 

Employees who take leave must be restored to their previous position or an equivalent position with equal pay, benefits and other terms and conditions of employment. The taking of family leave must not result in the loss of any employment benefits accrued before the leave started.  

Under the HFLL, if an employer provides paid sick leave as part of the company’s benefits package, then the employer must allow eligible workers to use 10 days of their available sick leave for family leave each calendar year. In some cases, an employee’s collective bargaining agreement (CBA) may provide for more than 10 days. 

Hawaii Temporary Disability Insurance (TDI) 

Enacted in 1969, Hawaii’s temporary disability insurance (TDI) law requires employers to provide partial pay to employees who are temporarily unable to work due to disability, including pregnancy. To be eligible for TDI benefits, employees must: 

• Be currently employed 
• Have worked at least 14 weeks in the state and been paid for at least 20 hours during each of those weeks, and 
• Have earned at least $400 in the 52 weeks preceding the first day of disability. 

The 14 weeks need not be consecutive or with only one employer. 

To provide TDI benefits, employers may purchase insurance (called an “insured plan”) or by adopting a “self-insured plan” (which must be approved by the state DOL). Click here to learn more.  

Idaho currently has no state law requiring private employers to provide comprehensive family and medical leave beyond those outlined in the federal FMLA. 

Illinois currently has no state law that requires private employers to provide comprehensive family and medical leave beyond the federal FMLA. However, the state has both current and pending legislation that pertains to certain family and medical leave:  

• Family Military Leave Act 
• Family Bereavement Leave Act 
• Paid Leave for All Workers Act (PLFAW) 

Family Military Leave Act  

Under the Family Military Leave Act, covered employers must provide unpaid, job-protected family military leave to eligible employees who are the spouses, parents, children or grandparents of a service member called to a deployment lasting longer than 30 days.  

The amount of leave required depends on the number of employees in the company:  

• Employers with 15 to 50 employees must provide 15 days leave, and 
• Employers with more than 50 employees must provide 30 days leave. 

The legislation also applies to independent contractors. 

To be eligible, employees must have worked for the same employer for at least 12 months and have worked at least 1,250 hours during the 12-month period immediately preceding the leave.  

Employees returning from leave must be restored to their original position or to a position with equivalent seniority, benefits and pay. Employees who believe their rights have been violated under the law may file suit in Illinois circuit court.    

Family Bereavement Leave Act  

As of Jan. 1, 2023, the Family Bereavement Leave Act requires companies to provide 10 days of unpaid leave for employees who experience a miscarriage, a stillbirth, an unsuccessful assisted reproductive procedure (e.g., intrauterine insemination), a failed surrogacy agreement, a failed or non-finalized adoption, or a diagnosis affecting fertility. The law stipulates that workers can use this time off to support a spouse or partner experiencing one of the listed losses.  

The new legislation also expands the definition of a “covered family member” to include “an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent.”  

Paid Leave for All Workers Act (PLFAW)  

The state’s recently passed Paid Leave for All Workers Act (PLFAW) will require most employers to provide workers with up to 40 hours of paid leave that can be used for any reason within a 12-month period. The law takes effect on Jan. 1, 2024. 

PLFAW applies to most employees working in Illinois, regardless of whether their status is full-time, part-time, temporary, exempt or nonexempt. There are limited exceptions:  

• Employees as defined in the federal Railroad Unemployment Insurance Act or the Railway Labor Act.
• Students enrolled in and regularly attending classes at a college or university where they are also employed on a temporary basis at less than full-time. The legislation specifically clarifies that “this exclusion applies only to work performed for that college or university.” 
• Short-term employees who work at an institution of higher education for less than two consecutive calendar quarters during a calendar year and who do not have a reasonable expectation that they will be rehired by the same employer of the same service in a subsequent calendar year. 
• Construction industry employees covered by a bona fide collective bargaining agreement (CBA). 
• Employees covered by a bona fide CBA with an employer that provides “national or international services of delivery, pickup, and transportation of parcels, documents, and freight.” 

Covered employees must accrue one hour of paid leave for every 40 hours worked. Exempt employees who are not subject to overtime requirements of the FLSA are deemed to work 40 hours per week for purposes of accrual. Any earned but unused accrued paid leave must be carried over to the following year – unless the company front-loads the leave. The leave must be paid at employees’ regular hourly rate of pay. 

Employers may not threaten or take any adverse action against employees who exercise their right to take leave. In the event of disputes, employees may file complaints with the state DOL, which has the authority to conduct investigations, recover underpayments and damages for affected workers, and assess civil penalties. 

Under the law’s recordkeeping requirements, companies must document employees’ hours worked, paid leave accrued, paid leave taken and paid leave balances for three years. Employers must also provide workers with notice of the amount of leave accrued or used upon request. 

Companies will be required to display a labor law poster that will be prepared by the state DOL. If a large percentage of the workforce doesn’t speak English, the company must post notices in appropriate languages spoken by employees. Violations of posting requirements will be $500 for the first infraction and $1,000 for repeat offenses. 

Indiana currently has no state law requiring private employers to provide comprehensive family and medical leave beyond those outlined in the federal FMLA. However, some legislation may apply to certain family and medical leave.  

Indiana Military Family Leave 

Indiana’s military family leave law applies to employers with at least 50 employees.  

Under the law, employers must grant eligible employees up to 10 days of unpaid leave per calendar year: 

• During the 30 days before active-duty orders are in effect 
• For an active-duty military member’s leave during a deployment, and 
• During the 30 days after a deployment has ended. 

To be eligible, employees: 

• Must be the spouse, parent, grandparent, child or sibling of a military service member who is ordered to an active-duty deployment lasting at least 89 consecutive days 
• Has been employed for at least 12 months, and  
• Has worked at least 1,500 hours during the 12-month period prior to the leave. 

Employers may require employees to substitute any earned PTO, except for paid sick or medical leave. When possible, employees must provide 30 days’ notice to the employer. 

Employees returning from leave must be restored to their original job or a comparable position with equal seniority, pay, benefits, and other terms of employment. 

Iowa currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. However, some legislation may apply to certain family and medical leave. 

Pregnancy Disability Leave 

The Iowa Civil Rights Act prohibits employment discrimination, including discrimination on the basis of sex and pregnancy. Under it, employers with at least four employees must allow employees to take time off for pregnancy and childbirth in cases where leave is unavailable (or insufficient) under temporary disability insurance or an employer-provided sick leave plan. Employees are entitled to a total of eight weeks of leave. 

Kansas currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

Kentucky currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. However, some laws may apply to certain family and medical leave. 

Adoption Leave Law 

Under the Adoption Leave Law, all employers in Kentucky must provide up to six weeks of personal leave to parents who adopt a child under the age of 10. If the employer has an established policy that provides birth parents with more than six weeks leave for bonding time, then that same amount of leave must be made available to adoptive parents. If the company provides any additional benefits to birth parents, those benefits must also be provided to adoptive parents.  

Some relatives are not eligible for adoption leave, including “fictive kin, stepparent, stepsibling, or blood relative (including a relative of half-blood, first cousin, aunt, uncle, nephew, niece, and a person of a preceding generation as denoted by prefixes of grand, great, or great-great) of the adoptive child.” In addition, foster parents who adopt a foster child already in their care are not eligible for adoption leave. 

Louisiana currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. However, some legislation may apply to certain family and medical leave. 

Pregnancy Disability Leave 

Employers with more than 25 employees must provide Pregnancy Disability Leave to female employees for pregnancy, childbirth and related medical conditions. 

Eligible employees are entitled to receive the same benefits granted to other employees not affected by pregnancy, including to take disability or sick leave or any other accrued leave made available by the employer to temporarily disabled employees.  

Employers are required to provide the following: 

• Up to six weeks of pregnancy leave to a female employee for a normal pregnancy, childbirth or related medical conditions, or 
• Pregnancy-related leave for a “reasonable period of time” not to exceed four months to an employee who is disabled on account of pregnancy, childbirth or related medical conditions. The employee is entitled to use any accrued vacation leave during this time.  

Bone Marrow Leave 

Under state law, Louisiana employers with 20 or more employees must provide up to 40 hours of paid leave to employees who work at least 20 hours per week and seek time off for a medical procedure to donate bone marrow. Employers may not discriminate or retaliate against employees who request leave or take time off. Employers may require employees to provide verification from a physician. If a medical determination finds the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited. 

Paid Family and Medical Leave

Gov. Janet Mills signed legislation that, among other things, establishes a new paid family and medical leave program and provides $25 million in one-time start-up funding, the Governor’s Office announced.

Premium payments will start on Jan. 1, 2025, and the program will take effect on May 1, 2026.

Under the program, covered employees will be eligible for up to 12 weeks of paid, job-protected leave each year:

• For their own serious health condition
• To bond with a new child during the first 12 months after the child’s birth or placement through adoption or foster care services
• To care for a family member with a serious health condition
• To attend to a qualifying exigency, and
• To take safe leave.

A covered employee may not take more than 16 weeks total, in the aggregate, of family and medical leave in the same application year.

Notably, the legislation also clarifies that:

• Independent contractors are not included in the definition of a covered employee.
• Leave may be taken intermittently in increments of not less than eight hours.
• The leave runs concurrently with the FMLA.
• Employees taking leave will still be entitled to accrue vacation and sick time.
• Employers must continue to provide health insurance benefits while employees are on leave.
• Employers may not discriminate or retaliate against employees who take leave

In addition to the $25 million start-up capital provided in the legislation, payroll premiums, paid by employers and employees, will fund the program. Beginning January 1, 2025, employers must remit premiums quarterly. In 2025, the rate may not be more than 1% of wages.

Companies will be required to post notices in a conspicuous location in the workplace. Notices must be provided in English as well as each language other than English that is the primary language of three or more employees in the workplace.

Maine Family Medical Leave Requirement 

Maine’s Family Medical Leave Requirement requires employers with 15 or more employees to provide each employee who has been employed for 12 consecutive months up to 10 work weeks of family medical leave in any two years for: 

• A serious health condition of the employee 
• The birth of the employee’s child or the employee’s domestic partner’s child 
• The placement of an adopted child under the age of 17 with the employee or with the employee’s domestic partner 
• The care of a child, grandchild, domestic partner’s child, domestic partner’s grandchild, parent, domestic partner, sibling or spouse with a serious health condition 
• The donation of an organ of that employee for a human organ transplant, or
• The death or serious health condition of the employee’s spouse, domestic partner, parent, sibling or child if the spouse, domestic partner, parent, sibling or child as a member of the state military forces or the U.S. Armed Forces, including the National Guard and Reserves, dies or incurs a serious health condition while on active duty. 

In some cases, leave for a serious health condition or organ donation may be taken intermittently or on a reduced leave schedule when medically necessary.  

However, leave for the birth or adoption of a child may not be taken intermittently or on a reduced leave schedule unless the employee and the employer agree otherwise. 

Employees who take family and medical leave are entitled to be restored to their original position, or one equivalent in pay, seniority and benefits. 

If the leave also qualifies under the federal FMLA, the leaves may run concurrently.  

Earned Paid Leave (Paid Leave for Any Reason) 

Under the state’s Earned Paid Leave law, Maine employers with more than 10 employees must provide one hour of paid leave for every 40 hours worked up to a max of 40 hours of paid leave per year.  

Employees start accruing leave on their first day, but the leave cannot be taken until they have worked 120 days. Leaves can be used for any reason, but absent an emergency or sudden illness, employees must schedule the use of leave to prevent undue hardship for the employer. 

Maine Military Family Leave 

Maine Military Family Leave requires employers with 15 or more employees to provide up to 15 days of unpaid time off to eligible employees.  

To be eligible, employees must: 

• Be the spouse, domestic partner or parent of a Maine resident who is an active-duty military servicemember called to a deployment lasting at least 180 days, and 
• Have worked for the employer for at least 12 months and 1,250 hours prior to the start of the leave. 

Military family leaves may be taken: 

• During the 15 days prior to deployment 
• During the deployment, if the servicemember is granted military leave, and
• For the 15 days immediately following the deployment.   

When possible, employees must provide 14 days notice to the employer if the leave lasts more than five days. Upon returning from leave, employees are generally entitled to be restored to their original job or a comparable position with equal seniority, pay, benefits and other terms of employment.  

Time to Care Act (TTCA) 

In 2022, the state passed the Time to Care Act (TTCA), which will provide job-protected leave and payments for partial wage replacement when eligible employees take time off work for family and medical leave.  

The TTCA applies to all employers; however, employers with fewer than 15 employees will not be required to contribute to the plan.  

Eligible employees can take leave under the TTCA if they have worked at least 680 hours in the 12 months prior to the start of leave. Leave can be taken: 

• To care for a child in the first year after birth or placement through adoption, kinship care or foster care. 
• To care for a family member with a serious health condition 
• For a serious health condition that prevents the employee from performing their job 
• To care for a service member who is the employee’s next of kin, and 
• For a qualifying exigency arising from the deployment of a military family member. 

The law broadly defines “family member,” including the employee’s spouse as well as biological, adoptive, step and foster relationships with children, parents, grandparents, grandchildren and siblings. 

In most cases, eligible employees can take up to 12 weeks of leave in an application year. However, under some specific circumstances, an additional 12 weeks of leave may be available. 

Regarding notice obligations, employees must provide 30 days’ notice when the need for leave is foreseeable. When the need for leave isn’t foreseeable, employees must provide as much notice as possible. 

Employers must provide written notice of the law to new employees at the time of hire. In addition, employers must provide notice of eligibility for paid leave and of rights under the law within five days of an employee’s request for leave or within five days of learning that an employer’s leave may qualify under the law. The state DOL is charged with developing standard notices for employers.  

The law requires employers to continue health care benefits of employees who take leave in the same manner required under the federal FMLA. When applicable to both laws, the leave will run concurrently with the FMLA. 

In the spring of 2023, Maryland legislators passed SB 828, which Gov. Wes Moore is expected to sign. SB 828 amends the TTCA by: 

• Pushing back the start date for contributions to Oct. 1, 2024 
• Delaying the start date for benefit payments to Jan. 1, 2026 
• Setting the employer/employee contribution rates at a 50/50 split rather than being determined by the state DOL 
• Requiring the state DOL to determine the total contribution rate by Oct. 1, 2023, which will be used from Oct. 1, 2024, through June 30, 2026.  
• Capping the total contribution rate at 1.2%, and 
• Clarifying that employees will not be required to exhaust all employer-provided paid leave while giving employers the right to manage benefits coordination with company-provided paid leave. 

Maryland Parental Leave Act (PLA) 

Under the Parental Leave Act (PLA), small employers in Maryland (those having between 15 and 49 employees) are required to provide unpaid parental leave to eligible employees for a child’s birth or placement through adoption or foster care. 

To be eligible, employees must have been employed for at least 12 months and have worked at least 1,250 hours prior to the start of the leave. Parental leave runs concurrently with FMLA. 

At the conclusion of PLA leave, employees must be restored to their previous position or to an equivalent position with equivalent benefits, pay and other terms of employment. 

Leave for Adoption 

Under Maryland state law, an employer that provides paid leave to an employee following the birth of the employee’s child must provide the same paid leave to an employee when a child is placed with the employee for adoption. 

Maryland Flexible Leave Act  

The state’s Flexible Leave Act does not require employers to provide paid leave. Instead, it applies to employers that have 15 or more employees and already provide paid leave as part of the company’s benefits package.  

Under the law, covered employers must allow workers to use their earned paid leave for the illness of a family member or for bereavement leave for the death of an immediate family member, defined as a child, spouse or parent. An employee may only use leave with pay that has been earned, and employees who earn more than one type of leave with pay may elect the type and amount of leave to use.  

The law prohibits employers from retaliating or threatening to retaliate against any employee who exercises their rights. 

In addition to federal leave under the FMLA, Massachusetts employers must provide related family and medical leave under several state laws: 

• Paid Family and Medical Leave 
• Parental Leave Act
• Small Necessities Leave Act 

Paid Family and Medical Leave (PFML) 

The Massachusetts Paid Family and Medical Leave (PFML) program is a state program that offers up to 26 weeks of paid leave for family or medical reasons to eligible employees (including former employees).  The benefit covers a portion of workers’ wages.

The program is funded by a combination of employer and employee contributions, which must be submitted to the state. However, employers with fewer than 25 employees are not responsible for contributing the employer portion. Contribution rates are set annually. Click here to learn more about contribution rates and obligations.  

The state created the PFML Employer Toolkit to help employers understand their responsibilities. The law applies to all Massachusetts employers, regardless of size. Some types of employment, including services performed by inmates in penal institutions, services provided to family members in specific situations, and employment by churches, are excluded. Click here to learn more about exclusions and opt-in requirements. 

Employers must post a notice in a conspicuous workplace location and provide written notice to new employees within 30 days of hire. 

Under the PFML, most employees in Massachusetts are covered if they earned set amounts of income over the past four calendar quarters. (Current rates are $5,700 in 2022 and $6,000 in 2023.) Further, employees must have earned at least 30 times the benefit amount applied for.  

Eligible employees can take up to 26 weeks of combined family and medical leave per benefit year for a qualifying reason. Qualifying reasons include: 

• An employee’s own serious health condition, including illness, injury or pregnancy/childbirth (up to 20 weeks of paid medical leave) 
• A family member’s serious health condition, including illness, injury or pregnancy/childbirth (up to 12 weeks of paid family leave) 
• Bonding with a child during the first year after birth or adoption placement (up to 12 weeks of paid family leave), and 
• Managing affairs while a family member is on active duty (12 weeks of paid family leave) 

PFML can be taken intermittently. As a general rule, PFML runs concurrently with Massachusetts Parental Leave and the federal FMLA.  

Employers must maintain health care benefits of employees on leave. At the conclusion of the leave, employees must be restored to their original position or to an equivalent position in terms of pay, benefits, status and other workplace considerations. 

For applications filed on or after Nov. 1, 2023, employees receiving PFML benefits may supplement (or “top off”) their PFML benefits with available PTO or any other accrued paid leave. The state just released “FAQs for Employers about Topping Off PFML Benefits” — a new compliance resource for employers.

Parental Leave Act 

The Parental Leave Act requires employers with six or more employees to provide eight weeks of unpaid parental leave for the birth or for the adoption of a child under the age of 18 – or under the age of 23 if the child has mental or physical disabilities. 

The parental leave law is gender-neutral, meaning both parents qualify for leave.  

To be eligible, employees must have completed their probationary period of employment, as set by the employer. However, this probationary period cannot exceed three months.  

Employees on leave for the adoption of a child are entitled to the same benefits offered to employees for the birth of a child. If two employees have or adopt a child together, they are entitled to a total of eight weeks of leave. 

Under the law, employers must post a notice in a conspicuous location notifying employees of their rights. 

If an employer chooses to provide more than eight weeks of leave, the employer must reinstate the employee at the end of the extended leave unless the employee was clearly informed “in writing before the leave, and before any extension of that leave, that taking longer than 8 weeks of leave shall result in the denial of reinstatement or the loss of other rights and benefits.” (Emphasis in original.) 

Small Necessities Leave Act (SNLA) 

The Small Necessities Leave Act (SNLA) requires employers with 50 or more employees to permit eligible employees to take a total of 24 hours of unpaid leave during any 12-month period for certain family obligations to: 

• Participate in a child’s school activities related to educational advancement, such as parent-teacher conferences or interviewing for a new school 
• Accompany a child’s routine medical or dental appointments, such as check-ups or vaccinations, and 
• Accompany an elderly relative to routine medical or dental appointments or appointments for other professional services related to the elder’s care, such as interviewing at nursing or group homes. 

To be eligible, employees must have worked for at least 1,250 hours during the 12 months before the leave starts. This leave is in addition to the 12 weeks provided under the federal FMLA.  

Michigan currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

In addition to federal leave under the FMLA, Minnesota employers must provide related family and medical leave under: 

• Pregnancy and Parenting Leave Act 
• Sick Leave Benefits, Care of Relatives 
• Minnesota Family Military Leave 

Minnesota employers must also prepare for the newly enacted paid family and medical leave law, which goes into effect on Jan. 1, 2026. The state Department of Labor and Industry is now referring to the new law as “Paid Leave” — and has launched the state’s Paid Leave website.

Paid Leave

On May 25, 2023, Gov. Tim Walz signed HF 2, which establishes a paid family and medical leave insurance program funded jointly by employers and employees through payroll deductions.

The program goes into effect on Jan. 1, 2026, and will be administered by a newly created Family and Medical Benefit Insurance Division (Division). At that time, both contribution payments and benefits will start.

Contribution premiums will be 0.7% of an employee’s taxable wages. Employers may charge a maximum of half the cost (0.35%) to their employees through a wage deduction.

The legislation applies to all employers, regardless of size and number of employees in the state.

As the state prepares to launch the program, the Division has outlined preliminary responsibilities for employers and will update the information as needed. The initial responsibilities are as follows:

• In mid-2024, employers will have to submit a wage detail report detailing the quarterly wages received and hours worked for each employee.
• In late 2025,  employers will have to provide notice to employees about the program. The Division will provide specific language for the notification.
• In January 2026, employers will have to start submitting premium payments.  

Most employees will be eligible for benefits as long as they have earned at least 5.3% of the state’s average annual wage in the last four completed quarters prior to the application date for benefits.

Some seasonal workers are excluded from coverage. Self-employed individuals and independent contractors are also excluded but they may purchase coverage under the program.

Under the program, eligible employees may take up to 12 weeks of paid medical leave for their own serious health condition and up to 12 weeks of paid family leave for bonding, family care, safety or a qualifying exigency. Employees are limited to a combined total of 20 weeks of paid leave in a benefit year.

Employees can take intermittent leave in eight-hour increments.

The law also offers job protection as well as protection from retaliation.

Pregnancy and Parenting Leave Act  

The Pregnancy and Parenting Leave Act requires employers with 21 or more employees to provide up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child, prenatal care or incapacity due to pregnancy, childbirth and other related medical conditions. The leave must be taken within the first year of birth or adoption placement. 

To be eligible, employees must have worked for the employer for at least 12 months (which may be non-consecutive) and worked at least half time during the 12-month period immediately preceding the leave.  

The leave runs concurrently with the federal FMLA.  

Employers can adopt reasonable policies about when requests for leave must be made.  

Employers must continue to provide coverage to employees while on leave under any group insurance policy, group subscriber contract or health care plan for employees or any dependents. Nothing in the statute requires the employer to pay the costs of insurance or health care while employees are on leave.  

Employees returning from leave must be reinstated to their former position or one with comparable duties, hours, pay, benefits and seniority.  

Employees may return to part-time work during the leave without forfeiting the right to return to full-time work at the end of the leave.  

Sick and Safe Leave Benefits, Care of Relatives 

Under the Sick and Safe Leave Benefits, Care of Relatives law, most employers that allow employees to take time off for their own injury or illness must also let employees take time off: 

• to care for an ill or injured minor child, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent, and 
• to provide or receive assistance for themselves or for a relative (as listed above) due to sexual assault, domestic abuse, stalking or harassment. 

The law applies to employers with 21 or more employees at a single site. To be eligible, employees must have worked for the employer for at least 12 months and worked at least half time during the past 12 months. 

The leave can be unpaid. However, if the employer provides paid time off for the illness or injury of a worker, then paid time off must also be provided to care for the illness or injury of a worker’s family member. 

Minnesota Family Military Leave  

The Minnesota Family Military Leave requires employers to grant an unpaid, 10-day leave of absence to an employee whose immediate family member was injured or killed in the line of duty while serving in the U.S. military. The length of this leave may be reduced by any period of paid leave provided by the employer.  

Mississippi currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

Missouri currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

Montana does not have a state law requiring comprehensive family and medical leave beyond those required under the FMLA. However, Montana law provides for reasonable maternity leave.  

Reasonable Maternity Leave  

Under the Montana Human Rights Act, pregnant employees have the right to reasonable maternity leave for temporary disabilities associated with childbirth, delivery and related medical conditions. The following provisions apply: 

• Whether maternity leave is reasonable is determined on a case-by-case basis, depending on the employee’s ability to perform her job. In the case of normal pregnancy and delivery, medical providers typically consider a reasonable leave to be six to eight weeks after delivery.
• If the employee is unable to perform her job prior to delivery, or if there are complications such as illness or surgical delivery, necessary leave may be longer than normally required.
• If the employer and the employee cannot agree on a reasonable time frame for the leave, the employer should rely on the judgment of the employee’s physician. 
• An employer and employee may agree to a longer leave period, either paid or unpaid, than the law requires.
• An employer is not required to provide maternity leave for childcare beyond the period of actual disability. If an employer permits the use of leave beyond the period of disability, however, it should allow childcare leave for both mothers and fathers. 
• As a condition of maternity leave, an employer may require the employee to provide medical verification that the employee is unable to perform her employment duties. 
• Private employers are not required by state law to provide parental leave to fathers and parents of adopted children. However, an employer may voluntarily provide that leave. In addition, such leaves may be required under federal law. 
• A pregnant employee is entitled to use any disability benefits, sick leave, vacation time, annual leave or compensatory time accrued pursuant to plans maintained by the employer for her maternity leave. If the employer provides none, the employee is entitled to maternity leave without pay. 
• At the leave’s end, an employee must be reinstated to her original job or to an equivalent position with equal pay and accumulated seniority, retirement, fringe benefits and other service credits.
• The law provides a limited exception to the reinstatement rule for private employers when the employer’s circumstances have changed so much that it is impossible or unreasonable to do so.  

Nebraska currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

Nevada has no state law requiring private employers to provide comprehensive family and medical leave beyond those required under the FMLA. However, the following laws may apply to some family and medical leave situations:  

Kin Care Leave 

Under Nevada’s Kin Care Law, private employers that provide paid or unpaid sick leave must allow employees to take the leave for an immediate family member’s illness, injury, medical appointment, or other authorized medical need.  

“Immediate family member” is defined as a child, foster child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent of an employee, or any person for whom the employee is the legal guardian. 

Employers may limit the amount of kin care leave to the amount the employee accrues over six months. Employees that are covered under a CBA are not entitled to kin care leave. 

Employers must post this notice about the leave in a conspicuous location. Employers may not retaliate against employees who take kin care leave.

Violations are punishable by administrative penalties of up to $5,000 per violation. 

Pregnant Workers’ Fairness Act 

Under state law, employers with 15 or more employees that grant leave to employees for sickness or disability must extend those same leave benefits to any female employee who is pregnant. Applicable leave benefits include: 

• Leave with pay
• Leave without pay, and 
• Leave without loss of seniority. 

Further, female employees must be allowed to use leave before and after childbirth, miscarriage or other natural resolution of the pregnancy. 

Paid Leave for Any Reason 

Under Nevada law, private employers with 50 or more employees must provide employees with at least 0.01923 hours of paid leave for each hour of work performed during a “benefit year.” A “benefit year” is defined as “any 365-day period used by an employer when calculating the accrual of paid leave.”  

Under this formula, employees who work 40 hours per week will accrue about 40 hours of leave each year. To be eligible to use leave, employees must have worked for the employer for 90 days. The leave can be used for any reason. 

Employers may not: 

• deny workers the ability to use their leave 
• require workers to find a replacement worker as a condition for using the leave, and 
• may not retaliate against workers for using the leave. 

The law provides limited exclusions. For employers, the law excludes new companies during the first two years of operation. Regarding employees, the law excludes temporary, seasonal and on-call employees as well as employees covered under a CBA.  

Violations can lead to administrative penalties of up to $5,000 for each infraction. 

New Hampshire currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA.

However, the following laws may apply to certain family and medical leave requests: 

Leave for Pregnancy  

Under New Hampshire law, employers with six or more employees must permit female employees to take a leave of absence for a temporary disability related to pregnancy, childbirth and related medical conditions.  

A pregnant employee must be treated the same as any other employee with a temporary disability. When the employee is ready to return to work, she must be restored to her original job or a comparable position unless business necessity makes this impossible or unreasonable. 

Granite State Paid Family Leave Plan – Voluntary for private employers 

The Granite State Paid Family Leave Plan is a paid family and medical leave (PFML) insurance program that is required for state employees and voluntary for private employers. 

The PFML insurance program provides eligible workers with wage replacement totaling 60% of their average weekly wage up to the Social Security wage cap. 

Participating employers may be eligible for a Business Enterprise Tax (BET) credit. Click here to learn more. Private employers that choose to participate in the program may not discriminate or retaliate against employees for using PFML benefits. 

Employers with 50 or more employees must collect workers’ premium payments through payroll deductions. If employers pay 100% of the premiums, no payroll deductions are necessary. 

Employers with fewer than 50 employees are not required to collect premiums through payroll deductions and can direct payments to the insurance provider. The current provider is MetLife. 

Covered employees are eligible for leave for the following qualifying conditions: 

• The employee’s own serious health condition when disability coverage does not apply (including pregnancy for private employers only) 
• The birth of a child or the placement of a child for adoption or fostering within 12 months of the birth or placement 
• A serious health condition of a family member, and 
• A qualifying military exigency. 

Private employer plans have a choice of offering six or 12 weeks of leave under the current insurance provider. The leave may be taken intermittently, and the smallest increment permitted is four hours.  

PFML runs concurrently with FMLA. Employees do not qualify for PFML while they’re taking leave covered by workers’ compensation or short-term disability. 

Employers with 50 or more employees must restore workers returning from leave to their previous job or to an equivalent position. However, employers with fewer than 50 employees are not required to restore workers to their former positions. 

Employers with 50 or more employees must continue their workers’ health insurance benefits during the leave. Employees must pay any portion they normally cover. 

The state has provided a toolkit to help employers who choose to participate in the voluntary program.  

New Jersey currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA.

However, the following laws may apply to certain situations involving family and medical leave: 

New Jersey Family Leave Act (NJFLA) 

The New Jersey Family Leave Act (NJFLA) applies to employers in New Jersey with 30 or more employees worldwide.

The law requires covered employers to provide up to 12 weeks of job-protected family leave within a 24-month period to eligible employees. In addition, employees may apply for wage replacement benefits through the New Jersey Family Leave Insurance program. 

Regarding notice for the NJFLA, employers must: 

• Display a poster in a conspicuous location in the workplace and/or on an Internet or intranet site easily accessible to remote employees
• Provide a written copy to new hires and to employees annually by Dec. 31, and 
• Upon an employee’s first request.  

In addition, employers must meet the following notice requirements for the leave insurance: 

• Display a poster in a conspicuous location in the workplace.
• Provide notice to each employee at the time of hiring, upon request and each time the employee states intent to take leave.  

Employers must maintain employees’ healthcare benefits while workers are on leave. 

To be eligible for leave, employees must have worked for the covered employer for 12 months and worked at least 1,000 hours for the covered employer within the previous 12 months.  

To be eligible for wage replacement, employees must: 

• Be currently employed or must have been employed within the previous two weeks prior to leave 
• Have paid into the wage-replacement insurance program, and 
• Meet the gross minimum earning requirement, set annually.  

Eligible employees can take job-protected leave to:  

• Care for or bond with a child within one year of the child’s birth or placement for adoption or foster care. 
• Care for a family member with a serious health condition or who has been isolated or quarantined because of suspected exposure to a communicable disease (including COVID-19) during a state of emergency. 
• Provide childcare for a child during a state of emergency if their school or place of care is closed due to an epidemic of a communicable disease (including COVID-19) or another public health emergency. 

The NJFLA does not provide leave for the employee’s own health condition. 

Depending on the circumstances, NJFLA may run either concurrently or consecutively with the federal FMLA. For example, if the individual qualifies for both at the same time, then the leave runs concurrently.

Or the leaves can run consecutively if the FMLA is used for self-care prior to (or following) the use of NJFLA for family care.  

New Mexico currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA.

However, the following laws may apply to certain situations involving family and medical leave: 

Caregiver Leave Act 

Under the state’s Caregiver Leave Act, employers that provide employees with paid sick leave must allow the employees to use that leave to care for family members. It also prohibits employers from retaliating against employees who use their sick leave for caregiving purposes in accordance with the law. 

New York Paid Family Leave (PFL) 

New York Paid Family Leave (PFL) applies to private employers with one or more employees.  

PFL provides eligible employees up to 12 weeks of job-protected, paid time off to: 

• Bond with a new child 
• Care for a family member with a serious health condition, or  
• Manage affairs when a family member is deployed abroad on active military service. (Learn more about eligible military leave.)  

This time can be taken all at once, or in increments of full days. 

PFL may also be available in some situations when employees or their minor children are under an order of quarantine or isolation due to COVID-19. 

Full-time employees, defined as working a regular schedule of 20 or more hours per week, are eligible after 26 weeks of consecutive employment.  

Part-time employees, defined as working a regular schedule of less than 20 hours per week, are eligible after working 175 days (which do not need to be consecutive). 

Employees taking PFL receive 67% of their average weekly wage, up to a cap of 67% of the current New York State Average Weekly Wage (NYSAWW).

In 2023, the NYSAWW is $1,688.19, so the maximum weekly benefit is $1,131.08. For 2024, the NYSAWW will be $1,718.15, which means the maximum weekly benefit will be $1,151.16, which is $20.08 more than the maximum weekly benefit for 2023.

Regarding notices, employers must post a Notice of Compliance, which will be provided by the insurance carrier, in a conspicuous location.

The state provides model language for employers to include in employee handbooks and other written documents outlining leaves and benefits. Employers must also provide the Statement of Rights for Paid Family Leave when employees request PFL.  

Employers must maintain health insurance benefits, and employees must continue paying premiums as they did before taking leave. 

Upon returning from leave, employees must be restored to their original job or an equivalent position with comparable benefits, pay and other terms of employment. Employers are prohibited from discriminating or retaliating against employees who take PFL. 

North Carolina currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

North Dakota currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

Ohio currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

Oklahoma currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

Senate Bill 999

On June 7, 2023, Gov. Tina Kotek signed Senate Bill (SB) 999 into law, which will more closely align certain provisions of Paid Leave Oregon (PLO) with the Oregon Family Leave Act (OFLA).

1. Definition of “family member”

Effective Sept. 3, 2023, both PLO and OFLA will define “family member” as:

• The spouse or domestic partner of a covered individual
• A child of a covered individual or the child of a spouse or domestic partner
• A parent of a covered individual or the parent of a spouse or domestic partner
• A sibling or stepsibling of a covered individual or the sibling or stepsibling of a spouse or domestic partner
• A grandparent of a covered individual or the grandparent of a spouse or domestic partner
• A grandchild of a covered individual or the grandchild of a spouse or domestic partner, or
• Any individual related by blood or affinity whose close association with a covered individual is the equivalent of a family relationship.

2. Restoration rights of eligible employees

Both PLO and OFLA provide job protections if the position still exists. SB 999 outlines what employers must do when a position has been eliminated while an employee was on leave.

Effective Sept. 3, 2023, if an employee’s position no longer exists upon return from PLO or OFLA leave, the “employer shall offer the employee an equivalent position at a job site located within 50 miles of the employee’s former position if such a position is available.” Moreover, if positions are available at multiple job sites, the employer must offer the first position at the job site that is closest to the employee’s former job site.

3. Continuation of benefits

SB 999 amends PLO to mirror the OFLA’s requirements for continuation of benefits.

Effective Sept. 3, 2023, employers must maintain an employee’s healthcare benefits in the same manner as if the employee had not taken leave. If an employer is required to pay for disability, life or other insurance coverage that should’ve been paid by the employee, then employers may deduct such amounts from the employee’s paychecks when they return to work until the advance is repaid. However, the deductions cannot exceed 10% of the employee’s gross pay for each pay period.

4. Calculating the “one-year period”

SB 999 amends the OFLA to align with the PLO for calculating the “one-year period” during which eligible employees can take leave.

The amended legislation requires employers to use the “forward-looking method” for tracking the “one-year period” under employees’ OFLA and PLO leaves. This requirement takes effect on July 1, 2024.

The Oregon Employment Department and the Bureau of Labor and Industries (BOLI) will engage in the rulemaking process to implement SB 999.

Paid Leave Oregon 

Oregon recently passed legislation creating a paid family and medical leave program known as Paid Leave Oregon, which will provide paid time off to eligible employees for qualifying events. All employers are covered.  

The program is funded by a mandatory payroll tax on employees (60%) and employers with more than 25 employees (40%).

Small employers with fewer than 25 employees are not required to pay the employer portion. In 2023, the contribution rate is 1% of employee wages.

Contributions began on Jan. 1, 2023, and benefits will begin on Sept. 3, 2023. Wage replacement benefits will be paid on a sliding scale, based on income. 

Eligible employees must have worked in Oregon and earned at least $1,000 in the year prior to the leave request. Paid leave can be used: 

• To care for and bond with a child during the first year after birth, adoption or placement for foster care. 
• To care for family members with a serious health condition (including pregnancy disability and prenatal care). 
• For an employee’s own serious health condition (including pregnancy disability and prenatal care). 
• For safe leave to seek victims’ help in connection with domestic violence, sexual assault, harassment and stalking. Time can be used to seek medical treatment, counseling, legal services, and relocation.  

Eligible employees:  

• Can take up to 12 weeks of paid leave in a 52-week period 
• Can take intermittent leave in one-day increments  
• May be able to take an additional two weeks paid leave when necessary due to pregnancy, childbirth and related medical conditions 
• Are entitled to job protection while on paid leave if they have worked for the company for at least 90 days 
• Are protected from discrimination and retaliation based on the decision to request or take paid leave, and 
• Must be restored to their original job if they have worked for the company for at least 90 days.  

Employers must display a model poster notice at each work site and provide a copy of the poster to all employees, including remote workers.  

Oregon Family Leave Act (OFLA) 

The Oregon Family Leave Act (OFLA) is separate from Paid Leave Oregon. Under OFLA, private employers with 25 or more employees in the state must provide eligible employees with unpaid, job-protected leave.  

To be eligible, employees must have worked at least 180 days and averaged at least 25 hours per week during that time. (The 25-hours-per-week requirement does not apply to leave used to care for a new child.) 

Under OFLA, eligible employees are generally entitled to a total of 12 weeks off per year for: 

• Parental leave: To care for and bond with a child within one year of birth, adoption or foster care placement. (Time exception: If employees use all 12 weeks, they are entitled to take up to an additional 12 weeks of sick child leave.) 
• Serious health conditions: To care for their own or a family member’s serious health condition.  
• Pregnancy disability leave: Can be taken before birth for prenatal care or after childbirth for recovery. (Time exception: Eligible employees can take 12 weeks leave for pregnancy and an additional 12 weeks for any other reason.)  
• Military family leave: Up to 14 days if an employee’s spouse is a service member called to active duty or an active-duty soldier on leave during deployment.  
• Sick child leave: To care for a child with an illness, injury or condition that requires home care but is not serious. May also be used to provide care for a child when school or childcare center is closed due to public health emergency. 
• Bereavement leave: Up to two weeks after the death of a family member. 

For parental leave under OFLA, employers are not required to allow both parents to take parental leave at the same time, but each can take the full 12 weeks.  

The Bureau of Oregon Labor & Industries (BOLI) website provides this example: 

XYZ Corporation employs both the mother and father of a newborn child. Although parental leave can be taken any time within a year of birth, both parents would prefer to take parental leave during the 12 weeks immediately following the birth. The employer can require the parents to take leave consecutively instead of concurrently. 

For sick child leave, OFLA generally allows employers to require medical verification upon the fourth and any subsequent requests to use sick child leave.

If sick child leave is taken to care for a child whose school or other care facility has closed due to a public health emergency, medical certification is unnecessary, but employers may require employees to provide: 

• The name of the child being cared for
• The name of the school or childcare provider that has closed or become unavailable, and 
• A statement affirming that no other family member is willing and able to care for the child. (Exception: If the child is over the age of 14, a statement affirming that exceptional circumstances exist, requiring the employee to care for the child.) 

Employers must maintain healthcare benefits while employees are on leave. Upon returning from leave, employees must be restored to their previous job or an equivalent position with similar pay, status, benefits and other employment terms. 

Employers must display a poster in a conspicuous location. 

Oregon Military Family Leave Act (OMFLA) 

Under the Oregon Military Family Leave Act (OMFLA), employers with 25 or more employees in Oregon must provide up to 14 days of unpaid, job-protected leave to an employee who is the spouse or domestic partner of a U.S. military service member who: 

• Has been called to active duty 
• Has been notified of an impending call to active duty, or 
• Is on leave from active duty during a time of military conflict. 

Eligible employees must work an average of 20 hours per week. Upon returning from leave, employees must be restored to their original job or an equivalent position with equal pay, status, benefits and other employment terms. 

Employers may not discriminate or retaliate against an employee who has taken leave under OMFLA and may not count OMFLA leave against employees when determining eligibility for bonuses based on attendance. 

OMFLA runs concurrently with OFLA. The statute does not address employers’ posting requirements, and no OMLFA poster is included on BOLI’s list of required workplace posters.  

Pennsylvania currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

Puerto Rico currently has no law that requires private employers to provide comprehensive family and medical leave beyond what the FMLA requires.

However, some Puerto Rico legislation addresses certain family and medical leaves. 

Act No. 139 Temporary Non Occupational Disability Insurance (SINOT, in Spanish)

Act No. 139 establishes a government-administered benefits program that provides wage reimbursement to employees who are out of work due to an illness or a non-occupational injury that is not related to a car accident.

Benefits are available for the duration of the disability or up to a maximum of 26 weeks in a 52-week period. The program is funded by contributions totaling .6% of an employee’s wages up to $9,000 per year for industrial employees.

Employers and employees share the cost, with employees paying no more than .3% of the total contribution amount.

Most employees working in the Commonwealth of Puerto Rico are “covered employees.” Government and nonprofit employees are excluded.

To be eligible for benefits, covered employees must be unable to work due to the covered illness or injury; be receiving treatment from a physician or chiropractor; and have earned at least $150 during the first four of the last five calendar quarters.

Act 3 Working Mothers Protection Act  

Under Act 3, pregnant employees are entitled to up to eight weeks of paid maternity leave for the birth of a child.

As a general rule, employees are entitled to four weeks of prenatal leave and four weeks of postnatal leave. However, if an employee presents a medical certificate authorizing her continued work, she may remain at work up to one week prior to the birth, using one week of prenatal leave and seven weeks of postnatal leave.

If postnatal complications arise, maternity leave may be extended up to an additional 12 weeks of unpaid leave. Employees who take maternity leave are entitled to return to the job they held before taking leave. 

The law also provides paid maternity leave to employees who are adopting minors under the age of 5 and are not enrolled in school.

Under these circumstances, an adoptive mother is entitled to the same maternity leave benefits as a mother who gives birth. The employee must provide 30 days’ notice to her employer of intent to adopt as well as documentation verifying the adoption. 

Act No. 427 

Under Act No. 427, working mothers who have returned from maternity leave have the right to leave for breastfeeding or pumping milk.

Mothers who work a full shift are entitled to one hour of time to breastfeed or express milk, which can be broken up into two 30-minute sessions or three 20-minute sessions.  

However, small employers covered by the Small Business Administration are required to provide just 30 minutes each workday, which can be divided into two 15-minute breaks. 

The right to leave for breastfeeding or expressing milk lasts for one year after the employee returns to work after maternity leave. 

Law No. 251 

Law No. 251 provides caregiver leave under Puerto Rico law by expanding the times when eligible employees can use accrued sick leave.

It allows employees to use up to five days of leave to care for a sick qualified family member, which includes a spouse, children and parents. The law applies to employers with 15 or more employees.  

Parental and Family Medical Leave Act (PFMLA) 

Under Rhode Island’s Parental and Family Medical Leave Act (PFMLA), employers with 50 or more employees must provide, upon request of an eligible employee, up to 13 consecutive weeks of unpaid leave in any two calendar years for certain types of family and medical leave. 

Eligible employees are full-time, meaning they work an average of 30 hours or more each week and have been continuously employed for at least 12 months. The PFMLA allows eligible employees to take time off for: 

• The birth of a child 
• The placement of an adopted child under the age of 17, and 
• The serious illness of the employee or the employee’s family member (parent, spouse, child, mother-in-law and father-in-law). 

Employers must display a notice poster in a conspicuous workplace location. 

Absent a medical emergency, employees must provide at least 30 days’ notice of the intended leave. 

Employers must maintain employees’ existing health benefits for the duration of parental or family leave.

Before the start of their leave, employees must pay the employer the premium required to maintain the employee’s health benefits during the leave period. The employer must return such payment to employees within 10 days of their return to work.  

Employees returning from leave are entitled to be restored to their previous job or to an equal position in pay, benefits, seniority and other employment terms. 

Employers may not interfere with, restrain or deny employees from taking leave. Any discrimination or disciplinary action taken against employees who exercise their rights is prohibited. Employees may file civil action or file a complaint with the state DOL. 

School Involvement Leave 

Employees with 50 or more employees must allow eligible employees to take School Involvement Leave.

Those employed for at least 12 consecutive months are entitled to 10 hours of unpaid leave during any 12-month period to attend school conferences and other school-related activities for biological, adopted and foster children.

Employers may require employees to provide 24 hours’ notice prior to the leave. Employees may substitute accrued PTO for unpaid leave. Civil penalties may be applied. 

Wage Replacement Insurance 

The state’s Wage Replacement Insurance program provides wage replacement to eligible employees: 

• Temporary Disability Insurance (TDI) provides wage replacement for unemployment caused by a non-work-related temporary disability or illness. 
• Temporary Caregiver Insurance (TCI) provides up to six weeks of caregiver benefits to care for a seriously ill child, spouse, domestic partner, parent, parent-in-law or grandparent, or to bond with a newborn child, new adopted child or new foster-care child.
• Employers must restore returning employees to their original job or a comparable position. 

The Family Military Leave Act 

The Family Military Leave Act provides job-protected unpaid leave to family members of active-duty service members called for deployments lasting more than 30 days.

The law applies to Rhode Island employers with 15 or more employees. Eligible employees are entitled to 15 days off if their employer has 15 to 50 employees and 30 days off if their employer has more than 50 employees. 

If the leave is expected to last five or more days, employees must provide 14 days’ notice. If the leave is expected to last less than five days, employees should give notice as soon as practicable. Employers may require the employee to provide documentation from the military to verify eligibility. 

Employers must allow employees to continue participating in its benefits program. Employers may not discriminate or retaliate against employees who exercise their right to take leave.

Upon return from leave, employees have a right to job restoration with equal pay, job status, benefits and other terms of employment. 

South Carolina currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA.

However, the following laws may apply to certain situations involving family and medical leave: 

Pregnancy Accommodations Act  

Under the law, employers with 15 or more employees are required to provide reasonable accommodations to employees for medical needs arising from pregnancy, childbirth, or other related medical conditions (including lactation), unless the employer can demonstrate the accommodation would impose an undue hardship on the operation of the business. 

The law prohibits employers from taking adverse action against an employee for requesting or using accommodations for medical needs arising from pregnancy, childbirth or a related medical condition.  

Employers must post a notice of employee’s rights in a conspicuous workplace location. 

South Dakota has no state law requiring private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

Tennessee currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA.

However, the following law may apply to certain situations involving family and medical leave: 

Maternity Leave  

Under state law, covered employers with at least 100 employees must provide maternity leave. Full-time employees who have worked for a single employer for at least 12 consecutive months are entitled to up to four months of leave for adoption, childbirth, pregnancy and nursing an infant. Regarding adoption, the four-month period begins when the employee receives custody of the child. The leave may be paid or unpaid, at the employer’s discretion. 

Employees who provide at least three months of notice prior to the start of leave are entitled to be reinstated to their original job or a similar position with comparable pay, benefits, status and other terms of employment.

In cases where medical emergencies or speedy adoptions prevented three months’ notice, employees do not forfeit their right to job protections.

However, if an employee’s job position is so unique that the employer cannot, after reasonable efforts, fill that position temporarily, then the employer will not be held liable for failing to reinstate the employee at the end of the leave period. 

Texas has no state law requiring private employers to provide comprehensive family and medical leave beyond what the FMLA requires. However, a related state law applies to some employers. 

H.B. 88 

Under H.B. 88, if employers with 15 or more employees offer personal leave to care for an employee’s sick or adopted child, then the policy must also extend the leave benefit to care for a foster child who lives with the employee and is under the conservatorship of the state’s Department of Family and Protective Services. 

Utah currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

Vermont has several state laws that may apply to family and medical leave in certain circumstances. 

Vermont Parental and Family Leave Act 

Vermont Parental and Family Leave Act provides up to 12 weeks of time off in a 12-month period for: 

• Parental leave: Employers with at least 10 employees must provide time off to eligible employees for pregnancy, childbirth or adoption of a child under the age of 17. 
• Family leave: Employers with at least 15 employees must provide time off to eligible employees for the employee’s own illness or to care for a family member’s serious health condition. Eligible family members include an employee’s child, stepchild, ward, foster child, spouse, civil union partner, parent or parent-in-law. 

In addition, short-term family leave allows employees to take an additional four hours of unpaid leave in any 30-day period (not to exceed 24 hours in any 12-month period) to: 

• Participate in pre-school or school activities 
• Accompany a family member to routine medical and dental appointments as well as appointments for professional services related to well-being, and 
• Respond to a medical emergency involving a family member.  

To be eligible, employees must have worked an average of 30 hours per week for at least a year.

Employees are required to give reasonable notice of intent to take leave when possible. When returning from leave, employees generally must be restored to their original job or to a comparable one with equal pay, benefits, seniority and other terms of employment.  

Vermont requires all businesses with one or more employees to post all required federal and state notices. 

The Vermont Family and Medical Leave Insurance Plan (VT-FMLI) — Voluntary 

The Vermont Family and Medical Leave Insurance Plan (VT-FMLI) is a voluntary paid family and medical leave (PFML) program. Coverage for the private sector will begin on July 1, 2024. 

Although still in development, the plan for the private sector aims to provide 60% wage replacement for six weeks of leave for: 

• Bonding with a new child within the first year of birth, adoption or foster placement. 
• An employee’s own serious health condition or a family member’s serious health condition. 
• A qualifying military exigency or to care for a covered service-member family member with a serious injury or illness. 

Virginia currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

In addition to a paid family and medical leave program, Washington also has state laws that may pertain to employees’ family and medical leave in certain situations.  

Washington Paid Family and Medical Leave (PFML) 

Under the state’s Paid Family and Medical Leave (PFML) program, employees and large employers fund the premiums for wage replacement. In 2023, the total premium is 0.8% of each employee’s gross wages.

Beginning on Jan. 1, 2024, the total premium rate will decrease to 0.74%, and employers with: 

• 50 or more employees will contribute 28.57% of the premium and withhold the remaining 71.43% from employees’ paychecks. Employers may pay some or all the employees’ share on their behalf.
• one to 49 employees will not have to pay the employers’ portion of the premium. However, they must withhold and remit the employees’ share of the premium. 

Employers cannot collect missed premiums in later pay periods. Each quarter, employers must file a report and submit the premiums. 

Wage replacement benefits are income-based, and employees may receive up to 90% of their average weekly wage. Direct employees to this calculator to estimate their benefits. In 2023, the weekly wage replacement is capped at $1,427. In 2024, the cap will be $1,456 per week.

To be eligible for PFML, employees must have worked at least 820 hours during their “qualifying period,” which is typically the first four of the last five completed calendar quarters. PFML may be used for: 

• Medical leave for an employee’s own serious medical condition or for the postnatal period after giving birth. 
• Family leave to care for a family member with a serious health condition; to bond with a new child during the first 12 months after birth or placement; or for a qualifying exigency.
• Effective June 9, 2022, family leave may also be taken during the seven calendar days following the death of a child if the employee would have qualified for medical leave for the birth of their child or would have qualified for family leave to bond with the child.  

Eligible employees are generally entitled to 12 weeks of family and medical leave in a claim year. However, in some circumstances, employees may be entitled to more time: 

• If employees have more than one qualifying event in a single claim year, employees may be entitled to up to 16 weeks of combined family and medical leave, and 
• If an employee has pregnancy complications that result in incapacity, she may be entitled to up to 18 weeks of combined family and medical leave.  

When the need for leave is foreseeable, employees must provide 30 days’ notice to employers. When the need for leave is not foreseeable, employees should provide as much notice as practicable. 

Certain employees are entitled to job protection if they meet the following criteria: 

• They work for an employer with 50 or more employees 
• They have worked for the current employer for at least 12 months, and 
• They have worked for the current employer for at least 1,250 hours during the 12 months immediately preceding the leave.  

Employers must display this poster in a conspicuous workplace location and must also send it to employees within five days of learning they had a qualifying event. 

Employers must maintain health benefits while employees are out on PFML. However, employees are responsible for their share of the premiums. 

Pregnancy Disability Leave 

Under state law, employers with eight or more employees must provide temporary disability leave to female employees for pregnancy, childbirth and related pregnancy conditions.

Qualifying employees may take up to eight weeks of leave, as determined by their healthcare provider. Leave can be taken intermittently. 

If the employer provides paid leave to employees on leave for sickness or other temporary disabilities, then pregnancy disability leave must also be paid leave.  

Similarly, if the employer maintains health benefits for employees on other types of leave, then the same benefits must be maintained while employees are out on pregnancy disability leave.

Upon returning from leave, employees must be restored to their original job or an equivalent position. 

Employers are encouraged, but not required, to post a notice. 

Military Family Leave Act 

Under state law, all employers must provide unpaid time off to employees who qualify for military family leave.  

To be eligible, employees must work an average of at least 20 hours per week and be the spouse of an active duty service member who was called for deployment or is on leave during deployment.  

Employees are entitled to take up to 15 days per deployment and may take leave intermittently to split the time between pre-deployment and during the deployment leave. Employees must notify employers of the need for leave within five days of the spouse receiving an official deployment notice. 

Employers must maintain the health benefits of employees while on leave. Employers must post a notice in a conspicuous workplace location.  

West Virginia currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA. 

The Wisconsin Family and Medical Leave Act (WFMLA) 

The Wisconsin Family and Medical Leave Act (WFMLA) applies to employers with at least 50 permanent employees during at least six of the last 12 months. 

To be eligible for leave, employees must have worked for the employer for at least 52 consecutive weeks and for at least 1,000 hours in the preceding 52-week period.  

Eligible employees may take:  

• Two weeks of leave for their own serious health condition in a calendar year 
• Up to two weeks for the serious health condition of a parent, child or spouse, and 
• Up to six weeks for the birth or adoption of a child.  

This leave may be taken as needed in blocks or intermittently as needed by the employee. 

Placement for foster care is not covered for family leave unless the placement is as a precondition to adoption. However, a foster parent may take family leave for the serious medical condition of a foster child. 

During the leave, employers must maintain health insurance of employees taking leave. The employee must be permitted to substitute any type of accrued paid or unpaid leave provided by the employer.

Upon returning from leave, an employee must be restored to the same position or an equivalent position in all terms and conditions of employment. 

Under circumstances where an employee is entitled to leave under both the federal FMLA and state WFMLA, the leaves will run concurrently.

Where an employee is entitled to leave under both laws, the notice, certification, substitution and intermittent leave requirements which provide the greater leave rights apply. The WFMLA operates on a calendar year basis, which may differ from federal leave.  

Wyoming currently has no state law that requires private employers to provide comprehensive family and medical leave beyond those required under the FMLA.

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Carol Warner

Carol Warner has been writing about the latest trends in human resources, employment law, education law, safety and security, employee training, and emergency response plans for more than 15 years. She attended East Carolina University and earned a Bachelor's degree from New York Institute of Technology. Outside of work, she spends free time listening to audiobooks and solving crossword puzzles. Connect with her on LinkedIn.