Family and Medical Leave Laws by State: FMLA, State Acts, Paid Leave, Disability
All 50 states plus Washington, D.C. in one table: which states add a job-protected family or medical leave statute on top of the federal FMLA, where paid family and medical leave is paying, enacted, or insurance-only, which five states run mandatory disability insurance, and which have a statewide paid sick leave mandate.
Last updated:
Which states have their own family and medical leave laws?
The federal FMLA applies in every state: up to 12 weeks of unpaid, job-protected leave per year for eligible employees of employers with 50 or more staff. On top of it, 21 jurisdictions add a state statute of their own, ranging from full family and medical leave acts with lower employer thresholds (California's CFRA at 5 employees, Connecticut's at 1, Oregon's OFLA at 25, the D.C. FMLA at 20 with 16 weeks family plus 16 weeks medical) to narrow pregnancy-only or adoption-only laws in Iowa, Louisiana, Montana, New Hampshire, Tennessee, Alabama, and Kentucky. Pay is a separate layer: 13 jurisdictions pay state family and medical leave benefits in 2026, two more (Maryland from January 2028, Virginia from December 2028) have enacted programs, nine only authorize optional insurance, and 27 have no program. Five states (California, Hawaii, New Jersey, New York, and Rhode Island) additionally require temporary disability insurance for an employee's own non-work medical condition. The table gives the rule per state; the sick leave grid covers paid sick days.
| State | State job-protected family or medical leave law | Paid family and medical leave | State disability insurance | Paid sick leave mandate |
|---|---|---|---|---|
| Alabama | Adoption-only: Adoption Promotion Act, up to 12 weeks for a new adoptive parent, employers with 50 or more (mirrors FMLA eligibility) | Voluntary insurance only: Voluntary PFML insurance (2023 law). No mandate. State law authorizes insurers to sell optional PFML policies that employers may buy. | None | No |
| Alaska | None beyond the federal FMLA | None. No state program. | None | Yes |
| Arizona | None beyond the federal FMLA | None. No state program. | None | Yes |
| Arkansas | None beyond the federal FMLA | Voluntary insurance only: Voluntary PFML insurance (2023 law). No mandate. State law authorizes insurers to sell optional PFML policies that employers may buy. | None | No |
| California | California Family Rights Act: 12 weeks per year, employers with 5 or more (Gov. Code 12945.2). Pregnancy Disability Leave: up to 4 months, employers with 5 or more (Gov. Code 12945) | Paying: Paid Family Leave (PFL) within State Disability Insurance. Benefits since 2004. Up to 8 weeks of PFL; own medical condition is paid by SDI. | State Disability Insurance (SDI), up to 52 weeks, employee-funded | Yes |
| Colorado | Family Care Act: FMLA leave extended to care for a domestic or civil-union partner, FMLA-covered employers (C.R.S. 8-13.3-201). FAMLI carries job protection after 180 days of employment | Paying: Family and Medical Leave Insurance (FAMLI). Benefits since January 2024. Up to 12 weeks, plus 4 for pregnancy or childbirth complications. | None | Yes |
| Connecticut | Connecticut FMLA: 12 weeks in 12 months plus 2 weeks for incapacity during pregnancy, employers with 1 or more (Conn. Gen. Stat. 31-51kk ff.) | Paying: CT Paid Leave. Benefits since January 2022. Up to 12 weeks, plus 2 for pregnancy incapacity. | None | Yes |
| Delaware | None beyond the federal FMLA | Paying: Delaware Paid Leave (Healthy Delaware Families Act). Benefits since January 2026. 12 weeks parental per year; 6 weeks per 24 months for own health, family care, or military; 12 weeks combined per year. Employers with 10 or more (10 to 24: parental only). Carries job restoration. | None | No |
| Washington, D.C. | D.C. FMLA: 16 weeks family plus 16 weeks medical leave per 24 months, employers with 20 or more (D.C. Code 32-501 ff.) | Paying: DC Paid Family Leave (Universal Paid Leave). Benefits since July 2020. Up to 12 weeks per year across parental, family, and medical leave, plus 2 weeks prenatal. | None | Yes |
| Florida | None beyond the federal FMLA | Voluntary insurance only: Voluntary PFML insurance (2023 law). No mandate. State law authorizes insurers to sell optional PFML policies that employers may buy. | None | No |
| Georgia | None beyond the federal FMLA | None. No state program. | None | No |
| Hawaii | Hawaii Family Leave Law: 4 weeks per year for birth, adoption, or family care (not own health), employers with 100 or more (HRS Chapter 398) | None. No paid family leave program. Own medical condition is covered by mandatory TDI. | Temporary Disability Insurance (TDI), employer-provided, up to 26 weeks | No |
| Idaho | None beyond the federal FMLA | None. No state program. | None | No |
| Illinois | None beyond the federal FMLA | None. No state program. | None | Yes |
| Indiana | None beyond the federal FMLA | None. No state program. | None | No |
| Iowa | Pregnancy-only: up to 8 weeks of pregnancy disability leave, employers with 4 or more (Iowa Code 216.6(2)) | None. No state program. | None | No |
| Kansas | None beyond the federal FMLA | None. No state program. | None | No |
| Kentucky | Adoption-only: up to 6 weeks of leave for the adoption of a child (KRS 337.015) | Voluntary insurance only: Voluntary PFML insurance (2024 law). No mandate. State law authorizes insurers to sell optional PFML policies that employers may buy. | None | No |
| Louisiana | Pregnancy-only: up to 4 months of pregnancy disability leave, employers with 25 or more (La. R.S. 23:341 to 23:342) | None. No state program. | None | No |
| Maine | Maine Family and Medical Leave: 10 weeks per 2 years, employers with 15 or more at one site (26 M.R.S. 843 ff.) | Paying: Maine Paid Family and Medical Leave. Benefits since May 2026. Up to 12 weeks per year; 90 percent of wages up to half the state average weekly wage, 66 percent above. | None | Yes |
| Maryland | Parental Leave Act: 6 weeks per year for birth, adoption, or foster placement, employers with 15 to 49 (Lab. & Empl. 3-1201 ff.) | Enacted, not yet paying: Family and Medical Leave Insurance (FAMLI). Enacted; contributions start January 2027, benefits start January 1, 2028. | None | Yes |
| Massachusetts | Parental Leave Act: 8 weeks per child, employers with 6 or more (M.G.L. c. 149, 105D). PFML carries job restoration | Paying: Massachusetts Paid Family and Medical Leave (PFML). Benefits since January 2021. Up to 12 weeks family, 20 weeks medical, 26 weeks combined per year. | None | Yes |
| Michigan | None beyond the federal FMLA | None. No state program. | None | Yes |
| Minnesota | Pregnancy and Parenting Leave: 12 weeks, all employers (Minn. Stat. 181.941). Minnesota Paid Leave carries job protection after 90 days | Paying: Minnesota Paid Leave. Benefits since January 2026. Up to 12 weeks medical plus 12 weeks family, 20 weeks combined per year; 90, 66, and 55 percent tiers. | None | Yes |
| Mississippi | None beyond the federal FMLA | None. No state program. | None | No |
| Missouri | None beyond the federal FMLA | None. No state program. | None | No |
| Montana | Pregnancy-only: Maternity Leave Act, a reasonable leave of absence for pregnancy with reinstatement, all employers (Mont. Code 49-2-310 ff.) | None. No state program. | None | No |
| Nebraska | None beyond the federal FMLA | None. No state program. | None | Yes |
| Nevada | None beyond the federal FMLA | None. No state program. | None | Yes |
| New Hampshire | Pregnancy-only: pregnancy must be treated as a temporary disability with reinstatement, employers with 6 or more (RSA 354-A:7, VI) | Voluntary insurance only: Granite State Paid Family and Medical Leave. Opt-in insurance through the state's partner insurer since 2023: 60 percent of wages for up to 6 weeks. Employers with 50 or more that opt in must restore the job. | None | No |
| New Jersey | New Jersey Family Leave Act: 12 weeks per 24 months for bonding or family care (not own health), employers with 30 or more (N.J.S.A. 34:11B) | Paying: Family Leave Insurance (FLI). Benefits since 2009. Up to 12 weeks of FLI; own medical condition is paid by TDI. | Temporary Disability Insurance (TDI), up to 26 weeks | Yes |
| New Mexico | None beyond the federal FMLA | None. No state program. | None | Yes |
| New York | None beyond the federal FMLA | Paying: New York Paid Family Leave (PFL). Benefits since January 2018. Up to 12 weeks at 67 percent of wages, capped at 67 percent of the state average weekly wage. Carries job restoration. | Disability Benefits Law (DBL), up to 26 weeks | Yes |
| North Carolina | None beyond the federal FMLA | None. No state program. | None | No |
| North Dakota | None beyond the federal FMLA | None. No state program. | None | No |
| Ohio | None beyond the federal FMLA | None. No state program. | None | No |
| Oklahoma | None beyond the federal FMLA | None. No state program. | None | No |
| Oregon | Oregon Family Leave Act: 12 weeks per year, restructured in 2024 around Paid Leave Oregon, employers with 25 or more (ORS 659A.150 ff.). Paid Leave Oregon carries job protection after 90 days | Paying: Paid Leave Oregon. Benefits since September 2023. Up to 12 weeks, plus 2 for pregnancy-related conditions; 100 percent of wages up to 65 percent of the state average weekly wage, 50 percent above. | None | Yes |
| Pennsylvania | None beyond the federal FMLA | None. No state program. | None | No |
| Rhode Island | Parental and Family Medical Leave Act: 13 weeks per 2 years, employers with 50 or more (R.I. Gen. Laws 28-48) | Paying: Temporary Caregiver Insurance (TCI) within TDI. Benefits since 2014. Up to 8 weeks of TCI in 2026 (up from 7); 4.62 percent of highest-quarter wages per week. | Temporary Disability Insurance (TDI), up to 30 weeks, employee-funded | Yes |
| South Carolina | None beyond the federal FMLA | Voluntary insurance only: Voluntary PFML insurance (2023 law). No mandate. State law authorizes insurers to sell optional PFML policies that employers may buy. | None | No |
| South Dakota | None beyond the federal FMLA | None. No state program. | None | No |
| Tennessee | Pregnancy and adoption only: up to 4 months, employers with 100 or more (Tenn. Code 4-21-408) | Voluntary insurance only: Voluntary PFML insurance (2023 law). No mandate. State law authorizes insurers to sell optional PFML policies that employers may buy. | None | No |
| Texas | None beyond the federal FMLA | Voluntary insurance only: Voluntary PFML insurance (2023 law). No mandate. State law authorizes insurers to sell optional PFML policies that employers may buy. | None | No |
| Utah | None beyond the federal FMLA | None. No state program. | None | No |
| Vermont | Parental and Family Leave Act: 12 weeks per year, employers with 10 or more (parental) or 15 or more (family) (21 V.S.A. 470 ff.) | Voluntary insurance only: Vermont Family and Medical Leave Insurance (voluntary). Opt-in insurance through the state's partner insurer, open to private employers since 2024. No mandate. | None | Yes |
| Virginia | None beyond the federal FMLA | Enacted, not yet paying: Virginia Paid Family and Medical Leave. Enacted April 2026 (Va. Code 60.2-801). Contributions start April 1, 2028; benefits start December 1, 2028; up to 12 weeks with job protection. | None | No |
| Washington | None beyond the federal FMLA | Paying: Washington Paid Family and Medical Leave. Benefits since January 2020. Up to 12 weeks family or medical, 16 combined, plus 2 for pregnancy complications. From January 1, 2026, job restoration after 180 days at employers with 25 or more employees (15 or more from 2027, 8 or more from 2028), per HB 1213. | None | Yes |
| West Virginia | None beyond the federal FMLA | None. No state program. | None | No |
| Wisconsin | Wisconsin FMLA: 6 weeks birth or adoption, 2 weeks family care, 2 weeks own health per year, employers with 50 or more (Wis. Stat. 103.10) | None. No state program. | None | No |
| Wyoming | None beyond the federal FMLA | None. No state program. | None | No |
Federal: 29 U.S.C. 2601 ff. and 29 CFR Part 825. State statutes are cited in the row. Paid leave status: each program agency's page, Md. Code Lab. & Empl. Title 8.3 (FAMLI), Va. Code 60.2-801 (PFML, enacted April 2026), NCSL State Family and Medical Leave Laws, National Partnership for Women & Families (voluntary insurance states). Every row was checked on 2026-09-14. General information only, not legal advice. State statutes, program rules, wage-replacement rates, and weekly caps change, most of them every January. Confirm with the state agency named in the row and with employment counsel before relying on this table.
Related
Frequently asked questions
- Does every state have to follow the FMLA?
- Yes. The FMLA is federal law and applies to covered employers in every state, territory, and D.C. State laws can add rights (lower employer thresholds, more weeks, broader family definitions, pay) but cannot take federal rights away. Where both apply to the same absence, the employee gets the more generous term and the leaves usually run at the same time.
- What is the difference between a state leave law and a state paid leave program?
- A state leave law (CFRA, Connecticut FMLA, OFLA, Wisconsin FMLA) protects the job: it says you may take the time and come back. A paid family and medical leave program (CT Paid Leave, Paid Leave Oregon, Washington PFML) replaces wages from a state fund financed by payroll contributions. Some states have one, some have both, and several of the paid programs carry their own job protection so no separate act was needed.
- What does voluntary insurance only mean?
- Alabama, Arkansas, Florida, Kentucky, New Hampshire, South Carolina, Tennessee, Texas, and Vermont have passed laws letting insurers sell paid family leave policies that employers may buy. There is no mandate, no state fund, and no benefit unless your employer bought a policy. New Hampshire and Vermont run a state-sponsored version of this with a partner insurer.
- Which states have state disability insurance?
- California (SDI), Hawaii (TDI), New Jersey (TDI), New York (DBL), and Rhode Island (TDI). These pay a share of wages when an employee cannot work because of a non-work illness, injury, or pregnancy. In the other 46 jurisdictions, pay for your own medical leave comes from employer-sponsored short-term disability insurance, a state PFML medical benefit where one exists, or accrued paid time off.
- How current is this table?
- Each row was checked on the date shown at the top of the page. Wage-replacement rates and weekly caps in the paying states are reset every January, and Maryland and Virginia change status in 2028, so treat the paid-leave column as a snapshot and confirm the figure with the state agency before relying on it.
Track FMLA, state leave, and pay in one case
Time-Out Zone keeps the federal clock, the state entitlement, and the pay source on one leave record, so HR sees which law protects the absence and which program pays it.