Paid Family and Medical Leave – What you Need to Know

By Laura Pokrzywa, Human Resources Consultant

Less than ten years ago, paid family and medical leave was required in only four states. Today, more than one dozen states and the District of Columbia have enacted mandatory programs that require employers to contribute to a state fund that provides benefits to eligible employees. Ten other states offer voluntary programs that allow employers to opt in.

Much like short-term disability plans, state-sponsored paid family and medical leave (PFML) insurance programs are designed to provide an employee with partial compensation while the employee is on leave for covered medical and family care reasons. PFML programs typically cover leave to care for the eligible employee’s own health condition, bond with a new child, or care for a family member with a serious health condition.

Benefits Vary by State

Each state program includes a unique combination of requirements and benefits. The variables of these programs include eligibility, benefit amounts, length of leave, reasons an employee may take leave, and whether the employer may require the use of available paid time off while the employee is receiving PFML benefits.

Some PFML programs go beyond pay benefits to require job-protected leave, as well. If a PFML program offers job-protected leave, employers must restore employees to either the same position, or an equivalent position with the same pay, seniority, and benefits upon their return.

What about FMLA?

The federal Family and Medical Leave Act (FMLA) offers unpaid, job-protected leave to eligible employees for certain family and medical reasons. Employees are eligible for FMLA leave if they have worked for their employer for at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.

Where an employee is eligible for both unpaid FMLA leave and the state’s PFML benefits, the leaves would run concurrently.

States with Mandatory Programs

To date, the following states and the District of Columbia have enacted mandatory PFML programs. Employers with employees in any of these states should familiarize themselves with their state’s requirements to ensure full compliance. Click on the state name for a link to the notice that must be posted by employers or for more information.

1. California: Provides up to 52 weeks of leave per year.
2. Colorado: Provides up to 12 weeks of job-protected leave per year, with an additional 4 weeks for pregnancy complications.
3. Connecticut: Provides up to 12 weeks of leave per year. Leave is job-protected for certain employees.
4. Delaware: Provides job-protected leave of up to 6 weeks per year for medical or family-care leave and 12 weeks for bonding with a new child. Contributions began this year. Benefits will be available on Jan. 1, 2026.
5. Maine: Provides up to 12 weeks per year of job-protected leave. Contributions began this year. Benefits will be available on May 1, 2026.
6. Maryland: Recently delayed, contributions for this program will not begin until 2027 with benefits beginning by 2028.
7. Massachusetts: Provides up to 26 weeks per year of job-protected leave.
8. Minnesota: Taking effect on Jan. 1, 2026, this program will provide up to 12 weeks per year of job-protected leave.
9. New Jersey: Provides 12 weeks per year of family leave and up to 26 weeks of temporary disability leave per year.
10. New York: Provides 12 weeks per year of job-protected family leave and up to 26 weeks of temporary disability leave (not job-protected) through a private insurance system.
11. Oregon: Provides job-protected family and medical leave up to 12 weeks per year.
12. Rhode Island: Provides job-protected leave, up to 7 weeks for family leave and 30 weeks for medical leave per year.
13. Washington: Provides up to 12 weeks of family or medical leave (16 weeks combined) per year. Some leaves are job-protected.
14. Washington, D.C.: Provides up to 12 weeks of leave per year.

Most of these PFML programs are funded through employee-paid payroll taxes, and some are also partially funded by employer-paid payroll taxes. However, employers in New York are required to obtain paid family and medical leave plans from a private insurance market where private insurance companies offer coverage.

Georgia, Nevada, New Hampshire, South Carolina, Texas, and Utah also require paid parental and/or medical leave for state employees.

States with Voluntary Programs

Several states have voluntary systems that provide paid family and/or medical leave through private insurance, allowing eligible private employers to opt into the program. These states include Alabama, Arkansas, Florida, Kentucky, New Hampshire, South Carolina, Tennessee, Texas, Vermont, and Virginia.

Need Help?

If you are an employer with questions about paid leave requirements for your employees, or if you have questions about any HR issue, contact our Risk Management Division by phone at 855-873-0374 or by email at . We will be happy to help!

Disclaimer: This information is for informational purposes only and not for the purpose of providing legal advice. This article does not create an attorney-client relationship between Keystone’s Risk Management Division and the reader.