Leave Requirements by Jurisdiction: A Comprehensive State-by-State Guide to Employer Leave Obligations Across the United States

Employer leave obligations in the United States are governed by a layered framework of federal statutes, state laws, and in some cases, municipal ordinances. No single federal law creates a universal paid leave entitlement. Instead, the federal baseline established by the Family and Medical Leave Act of 1993 provides unpaid, job-protected leave to eligible employees, while a growing number of states have enacted mandatory paid family leave, paid medical leave, and paid sick leave programs. For employers operating across multiple jurisdictions, the compliance landscape is exceptionally complex: different eligibility thresholds, contribution structures, benefit formulas, and job-protection rules apply depending on where the employee works. This reference page provides a comprehensive, statute-level guide to every major category of employer leave obligation across all 50 states and the District of Columbia.

Table of Contents

• Federal Leave Framework
• State Paid Family and Medical Leave (PFML) Programs
• PFML Program Comparison Table
• State Paid Sick Leave Laws
• Paid Sick Leave Comparison Table
• State Unpaid Leave Laws Beyond FMLA
• Military Leave by State
• Bereavement Leave
• Voting Leave
• Jury Duty Leave
• Domestic Violence, Sexual Assault, and Stalking Leave
• Compliance Complexity for Multi-State Employers
• Emerging Trends in Leave Legislation
• Additional Resources

Federal Leave Framework

The federal government establishes a baseline of leave protections that apply to covered employers nationwide. These federal laws create a floor, not a ceiling: states are free to enact more generous protections. Employers must comply with whichever law provides the greater benefit to the employee. Understanding the federal framework is essential before analyzing state-specific requirements, as state laws frequently reference, expand upon, or run concurrently with these federal protections. For a broader view of how leave fits into total compensation design, see Total Rewards Compliance and Legal Considerations.

Family and Medical Leave Act (FMLA) — 29 U.S.C. §§ 2601–2654

The FMLA, administered by the U.S. Department of Labor Wage and Hour Division, entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave per 12-month period for specified family and medical reasons. An additional 26 workweeks of military caregiver leave is available for employees caring for a covered servicemember with a serious injury or illness. Key provisions include:

• Covered employers: Private-sector employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year; all public agencies; and all public and private elementary and secondary schools.
• Employee eligibility: Employees must have worked for the employer for at least 12 months (not necessarily consecutive), have at least 1,250 hours of service during the 12-month period immediately preceding the leave, and work at a location where the employer has at least 50 employees within 75 miles.
• Qualifying reasons: Birth and bonding with a newborn child; placement of a child for adoption or foster care; care for a spouse, child, or parent with a serious health condition; the employee's own serious health condition that renders the employee unable to perform essential job functions; qualifying exigency arising from a family member's military deployment.
• Job protection: Employees must be restored to the same position or an equivalent position with equivalent pay, benefits, and working conditions.
• Health insurance: Employers must maintain group health insurance coverage during FMLA leave under the same terms as if the employee had continued working.
• Intermittent leave: FMLA leave may be taken intermittently or on a reduced schedule when medically necessary for the employee's or family member's serious health condition, or for qualifying exigency leave.

The FMLA does not require paid leave, though employers may require or employees may elect to substitute accrued paid leave (vacation, sick, PTO) for unpaid FMLA leave. Regulations are codified at 29 C.F.R. Part 825.

Americans with Disabilities Act (ADA) — 42 U.S.C. §§ 12101–12213

The ADA requires covered employers (15 or more employees) to provide reasonable accommodations to qualified individuals with disabilities, which may include leave beyond FMLA entitlements. The EEOC's guidance clarifies that additional unpaid leave may be a reasonable accommodation when it enables an employee to return to work and does not pose an undue hardship on the employer. There is no fixed maximum duration for ADA leave; rather, the determination is fact-specific and involves an interactive process between employer and employee. Employers cannot apply a rigid maximum leave policy that automatically terminates employees without considering ADA obligations.

Uniformed Services Employment and Reemployment Rights Act (USERRA) — 38 U.S.C. §§ 4301–4335

USERRA protects the civilian employment of individuals who leave their jobs to perform military service. Key protections include up to five cumulative years of military leave (with certain exceptions), reemployment rights with the same seniority, status, and pay as if they had remained continuously employed, and protection against discrimination based on military service. USERRA applies to virtually all employers regardless of size. For detailed coverage, see the Department of Labor VETS page on USERRA.

Pregnancy Discrimination Act (PDA) — 42 U.S.C. § 2000e(k)

The PDA, an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Employers must treat pregnant employees the same as other employees similar in their ability or inability to work. If an employer provides leave for other temporary disabilities, it must provide equivalent leave for pregnancy-related conditions. The EEOC administers enforcement of the PDA.

Pregnant Workers Fairness Act (PWFA) — 42 U.S.C. §§ 2000gg–2000gg-6

Effective June 27, 2023, the PWFA requires covered employers (15 or more employees) to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation causes an undue hardship. Accommodations may include modified work schedules, additional breaks, and leave from work. The PWFA fills gaps left by the ADA and PDA by explicitly requiring accommodations even when the condition does not constitute a disability under the ADA.

PUMP for Nursing Mothers Act — 29 U.S.C. § 218d

The Providing Urgent Maternal Protections (PUMP) Act, effective December 29, 2022, expanded the break time for nursing mothers provision originally in the Affordable Care Act. The PUMP Act requires employers to provide reasonable break time and a private space (not a bathroom) for employees to express breast milk for up to one year after the child's birth. This applies to all employees covered by the Fair Labor Standards Act, not just non-exempt workers as under the prior law. Employers with fewer than 50 employees may claim an exemption if compliance would impose an undue hardship. Break time need not be compensated unless the employee is not completely relieved from duty.

Federal Contractor Paid Sick Leave — Executive Order 13706

Executive Order 13706, issued in 2015 and implemented through 29 C.F.R. Part 13, requires certain federal contractors and subcontractors to provide up to 56 hours (7 days) of paid sick leave per year to their employees working on or in connection with covered federal contracts. Accrual is at a rate of 1 hour per 30 hours worked. Permitted uses include the employee's own illness, care for a family member, domestic violence/sexual assault/stalking, and closure of the employee's place of business or child's school due to a public health emergency.

Federal Leave Types Summary

State Paid Family and Medical Leave (PFML) Programs

A growing number of states have enacted mandatory paid family and medical leave programs that require employers and/or employees to contribute to state-administered insurance funds. These programs provide partial wage replacement during qualifying leaves. As of early 2026, 14 states and the District of Columbia have enacted comprehensive PFML programs, with several more in various stages of implementation. These state programs represent a fundamental shift in the American leave landscape and are central to modern employee benefits design. Employers offering paid time off and leave policies must carefully coordinate private plans with these state mandates.

California — State Disability Insurance (SDI) and Paid Family Leave (PFL)

California operates the oldest paid family leave program in the nation. The State Disability Insurance (SDI) program, established in 1946 under the California Unemployment Insurance Code §§ 2625–2699.5, provides short-term disability benefits. Paid Family Leave, added in 2004, is a component of SDI. As of 2025, employees contribute 1.1% of wages up to the taxable wage ceiling ($153,164 in 2024) through payroll deductions; employers do not contribute. SDI provides up to 52 weeks of disability benefits at approximately 60–70% of wages (depending on income level), with a weekly maximum of $1,620 (2024). PFL provides up to 8 weeks of family leave benefits at the same replacement rate for bonding with a new child or caring for a seriously ill family member. California's program does not include job protection on its own, but the California Family Rights Act (CFRA, Gov. Code §§ 12945.1–12945.21) provides 12 weeks of job-protected leave for employers with 5 or more employees, significantly broader than the FMLA's 50-employee threshold. California law was expanded in 2021 (SB 1383) to apply to employers with as few as 5 employees.

New Jersey — Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI)

New Jersey's Temporary Disability Benefits Law (N.J.S.A. 43:21-25 et seq.) dates to 1948. Family Leave Insurance was added in 2009. Employees contribute 0.09% of wages for TDI (employer portion: 0.10%–0.75% depending on experience) and 0.06% of wages for FLI (employee-funded only, with an annual wage base of $161,400 in 2024). TDI provides up to 26 weeks of benefits at 85% of average weekly wage, capped at $1,055/week (2024). FLI provides up to 12 consecutive weeks (or 56 intermittent days) at 85% of average weekly wage with the same cap. Job protection is provided under the New Jersey Family Leave Act (N.J.S.A. 34:11B-1 et seq.) for employers with 30 or more employees (reduced to 30 in 2019 from the prior 50-employee threshold).

Rhode Island — Temporary Disability Insurance (TDI) and Temporary Caregiver Insurance (TCI)

Rhode Island enacted TDI in 1942 (R.I. Gen. Laws §§ 28-39-1 et seq.) and added Temporary Caregiver Insurance in 2014 (R.I. Gen. Laws §§ 28-41-34 et seq.). Employees contribute 1.1% of taxable wages (wage base $87,000 in 2024); there is no employer contribution. TDI provides up to 30 weeks of benefits (duration based on base period earnings), and TCI provides up to 6 weeks for bonding or caregiving, at approximately 60% of wages up to a weekly maximum of $1,007 (2024). Rhode Island's TCI includes job protection for all covered employees, applying to employers with 1 or more employees, making it one of the broadest coverage thresholds in the nation.

New York — Disability Benefits Law (DBL) and Paid Family Leave (PFL)

New York's DBL (Workers' Compensation Law §§ 200–242) has provided short-term disability benefits since 1950. Paid Family Leave was enacted in 2016 and phased in starting in 2018 under Workers' Compensation Law §§ 200–242. Employees fund the program through payroll deductions (0.455% of gross wages in 2024, capped at $399.43 annually). PFL provides up to 12 weeks at 67% of the employee's average weekly wage, capped at 67% of the statewide average weekly wage ($1,151.16/week in 2024). DBL provides up to 26 weeks at 50% of wages, capped at $170/week. PFL covers bonding, family caregiving, and qualifying military exigency. PFL includes job protection and applies to employers of all sizes, though employees must meet minimum tenure requirements (26 consecutive weeks for regular schedule, 175 days for irregular schedule).

Washington — Paid Family and Medical Leave (PFML)

Washington's PFML program (RCW 50A.04 et seq.), effective January 2020, is funded through a combined premium of 0.74% of wages (2024), split between employer (28.57%) and employee (71.43%), with a wage base matching Social Security ($168,600 in 2024). Employers with fewer than 50 employees are exempt from the employer share but must still collect employee premiums. Benefits provide up to 12 weeks of family leave, 12 weeks of medical leave, or a combined 16 weeks if both are used (18 weeks with a pregnancy-related serious health condition complication), at 90% of wages up to 50% of the statewide average weekly wage, plus 50% above that threshold, up to a weekly maximum of $1,456 (2024). The program includes job protection for employees at employers with 50 or more employees who have worked 12 months and 1,250 hours.

Massachusetts — Paid Family and Medical Leave (PFML)

Massachusetts PFML (M.G.L. c. 175M), effective January 2021, assesses a combined contribution rate of 0.88% of eligible wages (2024), with the medical leave portion (0.70%) split between employer and employee, and the family leave portion (0.18%) paid entirely by the employee. Employers with fewer than 25 covered individuals are exempt from the employer portion but must remit employee contributions. The program provides up to 20 weeks of medical leave and 12 weeks of family leave (26 weeks combined maximum), at 80% of wages up to 50% of the state average weekly wage plus 50% of wages above that amount, capped at $1,149.90/week (2024). Job protection applies to all covered employers.

Connecticut — Paid Family and Medical Leave (PFML)

Connecticut's PFML program (Conn. Gen. Stat. §§ 31-49e et seq.), with contributions beginning January 2021 and benefits effective January 2022, assesses an employee-only contribution of 0.50% of wages with no wage cap. Employers with fewer than one employee are exempt from coverage (effectively, nearly all employers with payroll are covered). Benefits provide up to 12 weeks (plus an additional 2 weeks for pregnancy-related incapacity) at 95% of wages up to the minimum wage multiplied by 40 hours, plus 60% of wages above that threshold, up to a weekly maximum of $941 (2024). Job protection extends to employees at employers with 1 or more employees for family leave purposes. Connecticut was one of the first states to pair broad job protection directly with its PFML program.

Oregon — Paid Leave Oregon

Oregon's Paid Leave program (ORS 657B), effective September 2023, assesses a combined contribution rate of 1.0% of wages (up to $168,600 in 2024), with 60% paid by employees and 40% by employers. Employers with fewer than 25 employees are exempt from the employer share. Benefits provide up to 12 weeks of family, medical, or safe leave (plus an additional 2 weeks for pregnancy-related conditions), at 100% of wages up to 65% of the state average weekly wage plus 50% of wages above that amount, with a weekly maximum of $1,523.63 (2024). Job protection applies to employees at employers with 25 or more employees who have worked 90 days.

Colorado — Family and Medical Leave Insurance (FAMLI)

Colorado's FAMLI program (C.R.S. §§ 8-13.3-501 et seq.), with contributions beginning January 2023 and benefits effective January 2024, assesses a premium of 0.90% of wages, split equally between employer and employee (employers with fewer than 10 employees are exempt from the employer portion). The wage base matches Social Security ($168,600 in 2024). Benefits provide up to 12 weeks (plus 4 additional weeks for pregnancy/childbirth complications) at 90% of wages up to 50% of the state average weekly wage plus 50% above that amount, with a maximum of $1,100/week (2024). Job protection applies to employees at employers with 10 or more employees after 180 days of employment.

District of Columbia — Universal Paid Leave Act

The District of Columbia's Universal Paid Leave Amendment Act of 2016 (D.C. Code §§ 32-541.01 et seq.), effective July 2020 with expanded benefits in 2022, is funded entirely by a 0.26% employer-paid payroll tax on all covered employers. Benefits provide up to 12 weeks of parental leave, 12 weeks of family leave, 12 weeks of medical leave, and 2 weeks of prenatal leave, with a combined maximum of 12 weeks per year (expanded from the original 8/6/2 week structure). The benefit formula provides 90% of wages up to 150% of the DC minimum wage multiplied by 40 hours, plus 50% above that, capped at $1,118/week (2024). D.C.'s program does not include its own job protection, though the D.C. FMLA (D.C. Code §§ 32-501 et seq.) provides 16 weeks of unpaid, job-protected leave for employers with 20 or more employees.

Maryland — Family and Medical Leave Insurance (FAMLI)

Maryland's FAMLI program (Md. Code, Lab. & Empl. §§ 8.3-101 et seq.), signed into law in 2022 with contributions beginning October 2024 and benefits effective January 2026, will assess a combined rate to be determined by the Maryland Department of Labor (initially estimated at 0.75% of wages, not to exceed 1.0%), split between employer and employee. Benefits will provide up to 12 weeks at 90% of wages up to $850 per week initially, plus 50% of wages above that amount. The program applies to employers with 1 or more employees, with employers of fewer than 15 exempt from the employer contribution share. Job protection is included for employers with 15 or more employees.

Delaware — Healthy Delaware Families Act

Delaware's PFML program (19 Del. C. §§ 37A-101 et seq.), enacted in 2022 with contributions beginning January 2025 and benefits effective January 2026, applies to employers with 10 or more employees (parental leave) and 25 or more employees (medical and caregiving leave). The contribution rate is set at 0.80% of wages for the parental leave portion and an additional amount for medical/caregiving, split between employers and employees. Benefits provide up to 12 weeks of parental leave and 6 weeks of caregiving/medical leave at 80% of the state average weekly wage, with job protection included.

Minnesota — Paid Family and Medical Leave

Minnesota's PFML program (Minn. Stat. §§ 268B.01 et seq.), enacted in 2023 with benefits effective January 2026, will assess a contribution rate of 0.70% of wages, split equally between employer and employee. Employers with fewer than 30 employees receive a reduction in the employer portion. Benefits will provide up to 12 weeks of family leave and 12 weeks of medical leave (combined maximum of 20 weeks) at 90% of wages up to 50% of the state average weekly wage plus 66% above that, with a weekly maximum yet to be finalized. Job protection is included.

Maine — Paid Family and Medical Leave

Maine's PFML program (26 M.R.S.A. §§ 850-A et seq.), enacted in 2023 with contributions beginning January 2025 and benefits effective May 2026, will assess a contribution rate of 1.0% of wages, split equally between employer and employee. Employers with fewer than 15 employees are exempt from the employer share. Benefits will provide up to 12 weeks at 90% of wages up to 50% of the state average weekly wage plus 66% above that amount. The program applies broadly, and job protection is included for qualifying employees.

State PFML Program Comparison Table

State Paid Sick Leave Laws

As of early 2026, more than 20 states and the District of Columbia have enacted mandatory paid sick leave laws. These laws vary significantly in accrual rates, usage caps, employer size thresholds, and permitted uses. Paid sick leave is distinct from PFML programs and typically provides shorter-duration leave for routine illness, medical appointments, and related purposes. Many also cover absences related to domestic violence, sexual assault, or public health emergencies. Understanding these laws is critical for total rewards compliance and regulation. For analysis of how these mandates interact with broader PTO program design, see Paid Time Off and Leave Policies.

Key State Provisions

Arizona (A.R.S. §§ 23-371 et seq., effective July 2017): Employees accrue 1 hour per 30 hours worked. Employers with 15 or more employees must allow accrual and use of up to 40 hours/year; employers with fewer than 15 employees, up to 24 hours/year. Up to 40 hours (or 24 hours) may carry over, but employers may cap usage at the annual accrual limit. No waiting period before accrual begins; employees may use leave after 90 days of employment.

California (Lab. Code §§ 245 et seq., effective July 2015, expanded January 2024 via SB 616): Employees accrue 1 hour per 30 hours worked. As of January 2024, the annual usage cap was increased from 24 hours to 40 hours for all employers. Employers may front-load 40 hours at the beginning of the year. Up to 80 hours may carry over (though usage may be capped at 40 hours). Applies to all employers with 1 or more employees. Leave may be used after 30 days of employment.

Colorado (C.R.S. §§ 8-13.3-401 et seq., effective January 2021): 1 hour per 30 hours worked, up to 48 hours/year. Applies to all employers regardless of size. Up to 48 hours carries over, but employers may cap annual usage at 48 hours. Usable after employment begins. Colorado also provides additional public health emergency leave (up to 80 hours during a declared emergency).

Connecticut (Conn. Gen. Stat. §§ 31-57r et seq., effective January 2012, expanded 2025): Originally applied to employers with 50 or more employees for service workers only. Expanded effective January 2025 to cover all employers with 25 or more employees (phasing to 11+ by 2027) and all employees. Accrual: 1 hour per 30 hours worked, up to 40 hours/year. Carryover of up to 40 hours permitted.

Illinois (820 ILCS 192/, effective January 2024): The Paid Leave for All Workers Act provides 1 hour of paid leave per 40 hours worked, up to 40 hours/year. Uniquely, Illinois allows leave to be used for any reason, not just illness. Applies to all employers with 1 or more employees. Up to 40 hours carries over, though employers using a front-load method may limit carryover.

Maine (26 M.R.S.A. § 637, effective January 2021): Employees earn 1 hour per 40 hours worked, up to 40 hours/year. Applies to employers with 10 or more employees. Like Illinois, Maine permits leave for any reason. Up to 40 hours carries over.

Maryland (Md. Code, Lab. & Empl. §§ 3-1301 et seq., effective February 2018): 1 hour per 30 hours worked, up to 40 hours earned per year (64 hours carryover cap). Employers with 15 or more employees must provide paid sick leave; employers with fewer than 15 must provide unpaid sick leave at the same accrual rate. Usable after 106 calendar days of employment.

Massachusetts (M.G.L. c. 149, § 148C, effective July 2015): 1 hour per 30 hours worked, up to 40 hours/year. Employers with 11 or more employees must provide paid leave; smaller employers must provide unpaid leave. Up to 40 hours carries over. Usable after 90 days.

Michigan (MCL §§ 408.961 et seq., effective February 2019, amended): The Earned Sick Time Act provides 1 hour per 30 hours worked, up to 72 hours/year for employers with 10 or more employees, and up to 40 hours/year for smaller employers. Up to 72 hours (or 40 hours) carries over. Usable after 90 days of employment.

Minnesota (Minn. Stat. §§ 181.9445 et seq., effective January 2024): 1 hour per 30 hours worked, up to 48 hours/year. Applies to all employers with 1 or more employees. Up to 80 hours may be carried over. Usable upon accrual (no waiting period). Covers a broad range of uses including personal safety (domestic violence, stalking).

Montana (MCA §§ 39-2-801 et seq., effective January 2025): Montana's paid sick leave law, effective 2025, requires employers to provide earned sick time. Details vary by employer size, with 1 hour per 30 hours worked as the standard accrual rate.

Nevada (NRS §§ 608.0191 et seq., effective January 2020): Employers with 50 or more employees must provide 0.01923 hours of paid leave per hour worked (approximately 1 hour per 52 hours), up to 40 hours/year. Nevada's law is technically an "earned paid leave" law, not limited to sick leave, and employees may use it for any purpose.

New Jersey (N.J.S.A. §§ 34:11D-1 et seq., effective October 2018): 1 hour per 30 hours worked, up to 40 hours/year. Applies to all employers. Up to 40 hours carries over, but usage may be capped at 40 hours. Usable after 120 calendar days.

New Mexico (N.M. Stat. Ann. §§ 50-17-1 et seq., effective July 2022): The Healthy Workplaces Act provides 1 hour per 30 hours worked with no cap on accrual. Employers with 1 or more employees are covered. Up to 64 hours may be used per 12-month period. Unused time carries over but is subject to the usage cap.

New York (N.Y. Lab. Law § 196-b, effective September 2020): Tiered by employer size. Employers with 100+ employees: 56 hours paid leave/year. Employers with 5–99 employees: 40 hours paid leave/year. Employers with fewer than 5 employees and net income over $1 million: 40 hours paid/year. Employers with fewer than 5 employees and net income of $1 million or less: 40 hours unpaid/year. Accrual: 1 hour per 30 hours worked, or front-loaded. Carries over but subject to annual usage cap.

Oregon (ORS §§ 653.601 et seq., effective January 2016): 1 hour per 30 hours worked, up to 40 hours/year. Employers with 10 or more employees (6 or more in Portland) must provide paid leave; smaller employers must provide unpaid leave. Up to 40 hours carries over. Usable after 90 days.

Rhode Island (R.I. Gen. Laws §§ 28-57-1 et seq., effective July 2018): 1 hour per 35 hours worked, up to 40 hours/year. Applies to employers with 18 or more employees. Up to 40 hours carries over. Usable after 90 days.

Vermont (21 V.S.A. §§ 481 et seq., effective January 2017): 1 hour per 52 hours worked, up to 40 hours/year. Applies to all employers with 1 or more employees. Unused time carries over, subject to the 40-hour cap. Usable after 1 year of employment (employees of 1 year receive accrued time retroactively).

Washington (RCW §§ 49.46.200 et seq., effective January 2018): 1 hour per 40 hours worked, with no annual accrual cap. Applies to all employers. Up to 40 hours carries over. Usable after 90 days of employment.

District of Columbia (D.C. Code §§ 32-531.01 et seq., effective 2008, expanded 2014 and 2020): Tiered accrual: employers with 100+ employees: 1 hour per 37 hours worked, up to 7 days/year. Employers with 25–99: 1 hour per 43 hours, up to 5 days/year. Employers with 24 or fewer: 1 hour per 87 hours, up to 3 days/year. Accrued leave carries over, subject to annual usage caps.

State Paid Sick Leave Comparison Table

State Unpaid Leave Laws Beyond FMLA

Many states extend leave protections beyond what the FMLA provides. These expansions take several forms: lower employer-size thresholds, broader definitions of family members, additional qualifying reasons for leave, and longer leave durations. Multi-state employers should be aware that employees may be entitled to leave under state law even when they do not qualify for federal FMLA. For guidance on integrating these requirements into total rewards strategy, see Total Rewards Compliance and Legal Considerations.

Expanded Family and Medical Leave

California (CFRA): Applies to employers with 5 or more employees (vs. FMLA's 50). Covers care for registered domestic partners, grandparents, grandchildren, and siblings. No 75-mile radius requirement.

Connecticut: Effective January 2022, Connecticut's family leave law applies to employers with 1 or more employees for PFML-related job protection, significantly expanding coverage from the previous 75-employee threshold.

District of Columbia: The D.C. FMLA applies to employers with 20 or more employees and provides 16 weeks of family leave and 16 weeks of medical leave per 24-month period. Coverage extends to a broader definition of family members than federal FMLA.

Maine: Maine's family medical leave law (26 M.R.S.A. §§ 843–848) applies to employers with 15 or more employees (vs. FMLA's 50) and provides 10 weeks of unpaid leave in a 2-year period for birth, adoption, serious health condition of the employee or family member, organ donation, or death of a family member who was a servicemember.

Minnesota: Minnesota's parenting leave law (Minn. Stat. § 181.941) provides 12 weeks of unpaid leave for birth or adoption for employers with 21 or more employees. Employees need only 12 months of tenure (no hours-worked requirement as in FMLA).

New Jersey: The NJFLA applies to employers with 30 or more employees and provides 12 weeks of family leave. It covers care for a broader range of family members including domestic partners, civil union partners, grandparents, grandchildren, siblings, and any blood relative.

Oregon: The Oregon Family Leave Act (ORS §§ 659A.150 et seq.) applies to employers with 25 or more employees and provides 12 weeks of leave. It covers a broader range of family members and includes bereavement leave (up to 2 weeks per death).

Vermont: Vermont's Parental and Family Leave Act (21 V.S.A. §§ 470 et seq.) applies to employers with 10 or more employees for parental leave (12 weeks) and 15 or more employees for family leave (12 weeks). Combined with short-term family leave (up to 4 hours per 30-day period for school activities, medical appointments, and elder care).

Washington: In addition to PFML job protection, Washington's Family Care Act (RCW 49.12.265) requires employers that provide sick leave to allow employees to use that leave to care for a child, spouse, registered domestic partner, parent, parent-in-law, or grandparent with a health condition or emergency.

Domestic Violence Leave (Unpaid)

Numerous states provide unpaid leave specifically for employees who are victims of domestic violence, sexual assault, or stalking, or whose family members are victims. These laws typically cover time needed for court proceedings, medical treatment, safety planning, counseling, and relocation. See the Domestic Violence Leave section for detailed state-by-state coverage.

Bone Marrow and Organ Donation Leave

Several states mandate leave for employees undergoing bone marrow or organ donation procedures. California (Lab. Code §§ 1508–1513) provides up to 30 business days of paid leave for organ donation and 5 business days for bone marrow donation for employers with 15 or more employees. Connecticut, Illinois, Louisiana, Maine, Minnesota, Nebraska, Oregon, and Wisconsin have similar provisions, typically providing 30–40 hours of leave for bone marrow donation. These leaves are generally job-protected and may not be counted against other leave entitlements.

School Activity Leave

Multiple states require employers to provide leave for employees to participate in their children's school activities. California (Lab. Code §§ 230.8) allows up to 40 hours/year (8 hours per month) of unpaid leave for school activities for employers with 25 or more employees. Illinois, Louisiana, Massachusetts, Minnesota, Nevada, North Carolina, Rhode Island, and Vermont have similar provisions, typically ranging from 4 to 40 hours per year. These laws recognize the importance of parental involvement in education and generally prohibit employer retaliation.

Military Leave by State

Federal USERRA provides a comprehensive baseline of military leave protections applicable to all employers. However, many states supplement USERRA with additional protections, particularly regarding paid leave for military duty, broader definitions of covered service, and enhanced reemployment rights. These state-specific protections are relevant for employers designing employee benefits and leave programs.

California: Under the Military and Veterans Code §§ 394 et seq., California prohibits discrimination against members of the military or naval forces and provides unpaid leave for military duty. State employees receive up to 30 days of paid military leave per year.

Colorado: C.R.S. § 28-3-610.5 provides up to 15 days of unpaid leave per calendar year for military training or duty for all employers. The leave is job-protected.

Connecticut: Conn. Gen. Stat. § 27-33a provides job-protected leave for members of the armed forces called to active duty. Employers are prohibited from terminating or penalizing employees for absences due to military service.

Illinois: The Illinois Service Member Employment and Reemployment Rights Act (330 ILCS 61/) mirrors USERRA at the state level and provides additional protections. The National Guard Employment Rights Act (20 ILCS 1805/30.20) protects Illinois National Guard members.

Indiana: IC § 10-17-4-1 et seq. requires employers to provide unpaid leave for members of the uniformed services for training and service, with full reemployment rights.

Minnesota: Minn. Stat. § 192.34 prohibits employer interference with military service and provides reemployment rights. State employees receive 15 days of paid military leave per year.

New York: Military Law §§ 242–243 requires all public and private employers to grant military leave of absence for the period of military duty plus a reasonable time for return. The first 30 days of military duty leave are paid for public employees. Private employers must hold the position open.

Oregon: ORS §§ 659A.082–659A.088 provides unpaid leave for active duty of the uniformed services. Family members of deployed service members are entitled to 14 days of unpaid leave per deployment under ORS § 659A.093 (employers with 25 or more employees).

Texas: Texas Government Code §§ 437.202–437.213 provides military leave for state employees (15 days/year paid). Private-sector protections largely track USERRA, though Texas law provides additional protections against discrimination in hiring based on military status.

Wisconsin: Wis. Stat. § 321.64 et seq. provides comprehensive military leave protections that exceed USERRA in certain respects, including provisions for military family leave and continuation of health coverage during military leave.

Bereavement Leave

Mandatory bereavement leave is a relatively recent development in state employment law. While most employers voluntarily offer bereavement leave as part of their PTO policies, a growing number of states now require it by statute.

California (Lab. Code § 230.2, effective January 2023 via AB 1949): Employers with 5 or more employees must provide up to 5 days of bereavement leave upon the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. The leave is unpaid but employees may use accrued PTO. Leave need not be taken on consecutive days but must be completed within 3 months of the date of death.

Colorado (C.R.S. § 8-13.3-403, effective January 2024): Colorado's paid sick leave law was amended to include bereavement as a covered use. Employees may use up to 4 days of earned paid sick leave for grief, funeral attendance, or settling the affairs of a deceased family member.

Illinois (820 ILCS 154/, the Child Bereavement Leave Act, expanded by the Family Bereavement Leave Act effective January 2023): Employers with 50 or more employees must provide up to 10 work days of unpaid bereavement leave following the death of a covered family member (child, stepchild, spouse, domestic partner, sibling, parent, mother/father-in-law, grandchild, or grandparent). Also covers pregnancy loss, failed adoption, unsuccessful reproductive procedure, or a diagnosis that negatively impacts pregnancy or fertility.

Maryland (Md. Code, Lab. & Empl. § 3-802, effective October 2024): Employers must permit employees to use earned paid sick leave for bereavement purposes. Additionally, employers with 15 or more employees must provide up to 5 days of bereavement leave.

Minnesota (Minn. Stat. § 181.9413, effective January 2024): Employers must allow use of paid sick leave for bereavement and safety leave purposes, effectively incorporating bereavement into the mandatory sick leave framework.

Oregon (ORS § 659A.159, effective since 2014 under the Oregon Family Leave Act): Employers with 25 or more employees must provide up to 2 weeks of bereavement leave per deceased family member. This leave counts toward the OFLA 12-week entitlement. Oregon is notable for its relatively generous bereavement leave duration.

Washington (RCW § 49.46.210(1)(b)(iii), effective January 2018): Employees may use accrued paid sick leave for bereavement purposes, including absence resulting from the death of a family member. Washington's definition of family member under the paid sick leave law is broad, encompassing anyone whose close association is the equivalent of a family relationship.

Voting Leave

The vast majority of states have enacted some form of voting leave law, though the specifics vary dramatically. There is no federal law requiring private employers to provide time off to vote. State voting leave laws can be categorized as follows:

Paid Voting Leave States

Alaska (AS § 15.56.100): Up to 2 hours paid.

Arizona (A.R.S. § 16-402): Up to 3 hours paid, if employee's shift does not provide 3 consecutive non-working hours while polls are open.

Arkansas (A.C.A. § 7-1-102): Employer must schedule work so employees have time to vote. No specific duration or pay requirement in statute.

California (Elec. Code §§ 14000–14002): Up to 2 hours paid at the beginning or end of shift, if insufficient time outside working hours.

Colorado (C.R.S. § 1-7-102): Up to 2 hours paid.

Georgia (O.C.G.A. § 21-2-404): Up to 2 hours if polls are not open for 2 hours before or after the employee's shift.

Illinois (10 ILCS 5/17-15): Up to 2 hours paid.

Iowa (Iowa Code § 49.109): Up to 3 hours paid, if schedule does not provide 3 consecutive hours while polls are open.

Kansas (K.S.A. § 25-418): Up to 2 hours paid, if schedule does not provide 2 consecutive hours while polls are open.

Maryland (Md. Code, Elec. Law § 10-315): Up to 2 hours paid.

Minnesota (Minn. Stat. § 204C.04): Paid time sufficient to vote, on the morning of election day.

Missouri (Mo. Rev. Stat. § 115.639): Up to 3 hours paid, if schedule does not provide 3 consecutive hours while polls are open.

Nebraska (Neb. Rev. Stat. § 32-922): Up to 2 hours paid, if schedule does not provide 2 consecutive hours while polls are open.

Nevada (NRS § 293.463): Up to sufficient time, with 1–3 hours paid depending on distance from polling place and working hours.

New Mexico (N.M. Stat. Ann. § 1-12-42): Up to 2 hours paid.

New York (Elec. Law § 3-110): Up to 2 hours paid at beginning or end of shift, if employee does not have 4 consecutive non-working hours while polls are open.

Ohio (ORC § 3599.06): "Reasonable" time off, paid (by judicial interpretation).

Oklahoma (26 O.S. § 7-101): Up to 2 hours paid, with written request at least 1 day in advance.

South Dakota (SDCL § 12-3-5): Up to 2 hours paid, if schedule does not provide 2 consecutive hours while polls are open.

Tennessee (T.C.A. § 2-1-106): Up to 3 hours paid, if schedule does not provide 3 consecutive hours while polls are open.

Texas (Tex. Elec. Code § 276.004): Paid time off to vote, no specific duration stated. Must not penalize employee.

Utah (Utah Code § 20A-3a-105): Up to 2 hours paid, if schedule does not provide 3 consecutive hours while polls are open.

West Virginia (W. Va. Code § 3-1-42): Up to 3 hours paid, if schedule does not provide 3 consecutive hours while polls are open.

Wisconsin (Wis. Stat. § 6.76): Up to 3 consecutive hours, though pay is not explicitly required by statute.

Wyoming (Wyo. Stat. § 22-2-111): Up to 1 hour paid (or as needed, not to exceed 1 hour).

Unpaid Voting Leave States

Alabama, Hawaii, Kentucky, Massachusetts, Virginia, and Washington provide unpaid voting leave of varying durations, typically 1–2 hours. Some states without specific voting leave laws (such as Florida, Idaho, Indiana, Montana, New Hampshire, New Jersey, North Carolina, Oregon, Pennsylvania, and Rhode Island) rely on mail-in voting, early voting, or generous polling hours to ensure voting access.

Jury Duty Leave

All 50 states and the District of Columbia prohibit employers from terminating employees for responding to jury summons. However, only a subset of states require employers to continue paying employees during jury service. The federal Jury Systems Improvement Act of 1978 (28 U.S.C. § 1875) protects federal jurors from discharge but does not require pay continuation.

States Requiring Paid Jury Duty Leave

Alabama: Employers with full-time employees must pay regular wages for jury service days (Code of Ala. § 12-16-8).

Colorado: Employers must pay up to $50/day for the first 3 days of jury service (C.R.S. § 13-71-126). Employers of 3 or fewer employees are exempt.

Connecticut: Employers must pay full wages for the first 5 days of jury service (Conn. Gen. Stat. § 51-247a).

Louisiana: Employers must pay regular wages for the first day of jury service (La. R.S. 23:965).

Massachusetts: Employers must pay regular wages for the first 3 days of jury service (M.G.L. c. 234A, § 48).

Nebraska: Employers must pay regular wages for the first day of service if employee had 30+ days notice (Neb. Rev. Stat. § 25-1640).

New York: Employers with 10 or more employees must pay the first $40/day of jury duty wages (Jud. Law § 519).

Tennessee: Employers must pay regular wages for jury service (T.C.A. § 22-4-106).

States Requiring Unpaid (But Job-Protected) Jury Duty Leave

The remaining states require employers to excuse employees from work for jury duty without terminating them but do not mandate pay continuation. In practice, many employers voluntarily continue some or all compensation during jury service. Several states including Georgia, Indiana, Ohio, and Texas have enacted additional anti-retaliation protections. State jury duty pay received from the court is typically modest ($15–$50/day), leaving a significant gap for employees whose employers do not voluntarily supplement this amount.

Domestic Violence, Sexual Assault, and Stalking Leave

A substantial and growing number of states require employers to provide leave for employees who are victims of domestic violence, sexual assault, or stalking. These laws recognize that victims may need time away from work to obtain protective orders, attend court proceedings, seek medical treatment or counseling, access services from domestic violence organizations, relocate, or take other steps to ensure their safety. These protections intersect with broader health and wellness benefits considerations.

States with Comprehensive Domestic Violence Leave Laws

California (Lab. Code §§ 230, 230.1): Employers with 25 or more employees must allow victims to take time off for court proceedings, medical treatment, safety planning, or similar purposes. Employers with 1 or more employees must allow time off for jury or witness duty in domestic violence cases. Effective January 2025 (SB 1105), covered uses expanded and now include time for obtaining a temporary restraining order or other court-related matters.

Colorado (C.R.S. §§ 24-34-402.7): Employers with 50 or more employees must provide up to 3 working days of leave per calendar year for employees who are victims of domestic violence, sexual assault, or stalking. Leave is for obtaining protective orders, safety planning, seeking medical/legal assistance, or relocating.

Connecticut (Conn. Gen. Stat. §§ 31-51ss): Employers with 3 or more employees must provide up to 12 days of unpaid leave per calendar year for victims of family violence. The leave may be taken for medical care, counseling, legal proceedings, or relocation.

Florida (Fla. Stat. §§ 741.313): Employers with 50 or more employees must provide up to 3 working days of leave per 12-month period for domestic violence-related purposes.

Hawaii (HRS § 378-72): Employers with 50 or more employees must allow employees who are victims of domestic or sexual violence to take leave for court proceedings, medical treatment, or counseling.

Illinois (820 ILCS 180/, Victims' Economic Security and Safety Act): Employers with 1 or more employees must provide up to 12 weeks of unpaid leave per 12-month period for victims (or family members of victims) of domestic violence, sexual violence, or gender violence. Covers court proceedings, medical treatment, counseling, safety planning, and relocation. One of the most comprehensive state laws in duration.

Kansas (K.S.A. §§ 44-1131 et seq.): Employers with 4 or more employees must provide up to 8 days of leave per calendar year for domestic violence or sexual assault victims.

Maine (26 M.R.S.A. §§ 850): Employers with 25 or more employees must provide "reasonable and necessary" leave for domestic violence, sexual assault, or stalking, including for court proceedings, medical treatment, and support services.

Minnesota (Minn. Stat. §§ 518B.01): Employers must grant reasonable time off for employees to obtain or attempt to obtain a protective order or attend court proceedings related to domestic abuse.

New Jersey (N.J.S.A. §§ 34:11C-1 et seq., NJ SAFE Act): Employers with 25 or more employees must provide up to 20 days of unpaid leave per 12-month period for victims of domestic violence or sexual violence. Covers medical treatment, court proceedings, counseling, relocation, and legal assistance. Among the most generous state protections in terms of duration.

New York (N.Y. Lab. Law § 196-b): Paid sick leave may be used for safe leave purposes (domestic violence, sexual offense, stalking, human trafficking). Additional protections under Penal Law § 215.14 and Executive Law § 296 prohibit employer discrimination against domestic violence victims.

Oregon (ORS §§ 659A.270 et seq.): All employers must provide "reasonable" leave for domestic violence, harassment, sexual assault, or stalking victims. Oregon is one of the few states with no employer size threshold.

Washington (RCW §§ 49.76.010 et seq.): All employers must provide "reasonable" leave for domestic violence, sexual assault, or stalking victims. Covers legal, medical, safety planning, and social service needs. No employer size threshold.

Compliance Complexity for Multi-State Employers

Employers operating across multiple states face a uniquely challenging compliance landscape. The patchwork of federal, state, and in some cases municipal leave laws creates significant administrative burden and legal risk. This section addresses the key compliance challenges and considerations. For a broader examination of compliance infrastructure, see Total Rewards Compliance and Regulation. Employers with distributed workforces face additional considerations explored in Total Rewards for Remote and Hybrid Workers.

Stacking and Concurrent Leave

When an employee's absence qualifies under multiple leave laws simultaneously, employers must determine which leaves run concurrently and which provide independent entitlements. Under federal regulations (29 C.F.R. § 825.702), FMLA leave may generally run concurrently with state family/medical leave, workers' compensation leave, and employer-provided leave. However, some state laws explicitly prohibit concurrent running. For example, the D.C. FMLA provides 16 weeks of family leave in addition to (not concurrent with) 16 weeks of medical leave, for a combined potential of 32 weeks. California employees may be entitled to pregnancy disability leave (PDL, up to 4 months) plus CFRA bonding leave (12 weeks), with FMLA running concurrently only with the portion that qualifies under FMLA, resulting in a potential total protected absence exceeding 7 months.

Which Law Applies for Remote Workers

The rise of remote work has created significant ambiguity around which state's leave law applies. Most state PFML programs and paid sick leave laws use the employee's regular work location as the jurisdictional trigger, but this determination can be complex when employees work from home in a different state than the employer's physical location. Key considerations include:

• Work-state vs. employer-state: Most state leave laws apply based on where the work is performed, not where the employer is headquartered. A California resident working remotely for a Texas employer is generally entitled to California paid sick leave.
• PFML contributions: State PFML programs typically require contributions based on the state where the employee is localized (where the work is performed or, if no fixed location, the base of operations). Washington's PFML specifically uses the localization test from the Employment Security Act.
• Multi-state employees: Employees who regularly work in multiple states may be covered by the leave laws of each state for the work performed in that state, or may be localized to one state based on a primary work location test.

Federal-State Interaction

The general rule is that employees are entitled to the greater protection under either federal or state law. However, the interaction is more nuanced than simply choosing the more generous law, because different elements of each law may apply simultaneously. An employee might be eligible for FMLA (because of the employer's size) but also entitled to a longer leave duration under state law, and simultaneously drawing state PFML wage replacement benefits. Employers must track each entitlement separately, running concurrent where permissible and sequential where required. Key interaction principles include:

• State PFML benefits can usually be coordinated with FMLA (and state unpaid FMLA-equivalent) leave, running concurrently.
• Employers can generally require (or employees can elect to) substitute accrued paid leave for unpaid FMLA leave, but state-mandated PFML benefits may not be subject to the same substitution rules.
• ADA leave obligations continue even after FMLA exhaustion, as the ADA analysis is independent.
• Workers' compensation and FMLA may run concurrently when the serious health condition is also a work-related injury.

Multi-Jurisdiction Poster Requirements

Each state PFML program and paid sick leave law typically requires employers to display workplace notices informing employees of their rights. For multi-state employers, this means maintaining current posters for every jurisdiction in which employees work. Electronic posting is increasingly accepted, particularly for remote workers, but physical posting requirements persist in most states. The Department of Labor's poster page covers federal requirements, while state labor department websites provide state-specific posters. Failure to post required notices can toll the statute of limitations on employee claims in some jurisdictions and may constitute independent violations subject to penalties.

Private Plan Alternatives

Many state PFML programs allow employers to apply for private plan exemptions if they provide equivalent or superior benefits through private insurance or self-insurance. Approval requirements vary by state. California, New Jersey, New York, and Rhode Island have well-established private plan frameworks. Newer programs in Washington, Massachusetts, Connecticut, Oregon, and Colorado also permit private plans, subject to state approval processes that verify equivalence in coverage, benefits, and employee protections. Employers must carefully compare their private plan terms against each state's statutory requirements, as even minor gaps (such as a narrower definition of covered family members) can prevent approval. Annual renewal and reporting obligations apply in most states with private plan alternatives.

Emerging Trends in Leave Legislation

The leave law landscape continues to evolve. Several significant trends are shaping the direction of employer leave obligations in the United States.

States Considering New PFML Programs

As of early 2026, multiple states have introduced or are actively debating PFML legislation. Michigan, New Hampshire, Vermont, Virginia, and Pennsylvania have seen legislative activity around paid family and medical leave programs. While not all of these initiatives will become law, the trajectory is clear: the number of states with mandatory PFML programs is likely to continue growing. The National Conference of State Legislatures (NCSL) tracks pending legislation.

Municipal Leave Ordinances

In addition to state laws, a number of municipalities have enacted their own paid sick leave and leave ordinances, often with more generous provisions than state law. Major cities with municipal paid sick leave ordinances include San Francisco, Los Angeles, San Diego, Oakland, Emeryville, Santa Monica, Berkeley, and Long Beach in California; Seattle, Tacoma, and SeaTac in Washington; New York City; Philadelphia and Pittsburgh in Pennsylvania; Chicago and Cook County in Illinois; Minneapolis and St. Paul in Minnesota; and Montgomery County in Maryland. Some states have enacted preemption laws that prohibit municipalities from enacting leave ordinances that exceed state standards (including Alabama, Florida, Georgia, Iowa, Kansas, Louisiana, Mississippi, North Carolina, Ohio, Oklahoma, Oregon, Tennessee, and Wisconsin), while others permit local variation.

Paid Leave Ballot Initiatives

Several state PFML programs (including Colorado's FAMLI program) were enacted through ballot initiatives rather than traditional legislation. This mechanism is likely to continue being used in states where legislative action has stalled. Ballot initiatives have also been used to establish or expand paid sick leave laws (as in Arizona in 2016 and Michigan in 2018). Employers should monitor state ballot measures as part of their compliance planning horizon.

Expansion of Covered Family Members

A consistent trend across recent leave legislation is the expansion of the definition of "family member" eligible for care-related leave. While the federal FMLA is limited to spouse, child, and parent, newer state laws increasingly cover grandparents, grandchildren, siblings, domestic partners, in-laws, and in some cases "chosen family" or any individual whose close association with the employee is the equivalent of a family relationship (as in Oregon and Washington). This trend is likely to continue and represents a significant area of divergence between federal and state law.

Convergence of Leave Types

There is a growing trend toward consolidating separate leave types into unified leave programs. Illinois's Paid Leave for All Workers Act, for example, provides leave usable for any purpose without requiring a specific qualifying reason. Similarly, several states are incorporating bereavement, safe leave (domestic violence), and other previously separate leave categories into their paid sick leave frameworks. This convergence simplifies administration in some respects but can create new compliance challenges when overlaid on programs that maintain separate categories.

Federal Proposals

At the federal level, proposals for national paid family and medical leave programs have been introduced in multiple Congressional sessions. The FAMILY Act (introduced repeatedly since 2013) would establish a national PFML fund modeled on Social Security. While no comprehensive federal paid leave law has been enacted as of early 2026, bipartisan interest in some form of federal paid leave continues. Enactment of a federal program would add yet another layer to the compliance framework, as states would likely be permitted to maintain programs that exceed federal minimums.

Additional Resources

The following authoritative sources provide additional detail on the laws and programs discussed in this reference page:

• U.S. Department of Labor — FMLA
• EEOC — Americans with Disabilities Act
• U.S. Department of Labor — USERRA
• EEOC — Pregnancy Discrimination Act
• U.S. Department of Labor — PUMP for Nursing Mothers Act
• U.S. Department of Labor — Executive Order 13706 Paid Sick Leave
• National Conference of State Legislatures — State Family and Medical Leave Laws
• NCSL — Paid Sick Leave
• A Better Balance — Paid Sick Time Legislative Tracker
• Total Rewards Compliance and Legal Considerations
• Total Rewards Compliance and Regulation
• Paid Time Off and Leave Policies
• Employee Benefits Overview
• Health and Wellness Benefits
• Total Rewards for Remote and Hybrid Workers

This reference page is maintained as a factual research resource. Leave laws are subject to frequent amendment. Employers should consult the specific statutory text and, where appropriate, qualified legal counsel for compliance guidance tailored to their workforce and operational footprint. Contribution rates, benefit maximums, and wage bases cited herein reflect the most recently published figures as of early 2026 and are updated by each state on an annual basis.