TL;DR: "Family Leave Act" most often refers to the federal Family and Medical Leave Act (FMLA), enacted in 1993, which gives eligible employees up to 12 weeks of unpaid, job-protected leave at employers with 50 or more employees. But 13 states have passed their own family leave acts (with names like CFRA, NJFLA, and RIPFMLA) that usually cover smaller employers, more family relationships, and in most cases add paid wage replacement on top. Here's how the federal law works, how each state law differs, and what workers in the other 37 states are left with.
If you've searched "family leave act" expecting one clear answer, the confusing truth is that it isn't one law, it's a name that applies to at least 14 different statutes depending on where you live. The federal Family and Medical Leave Act sets a nationwide floor: unpaid leave, job protection, and a fairly high bar to qualify. Most states haven't touched that floor at all. But 13 states have passed their own family leave acts that sit on top of, or sometimes replace, the federal rules with lower thresholds, broader family definitions, and real pay. This guide walks through the federal FMLA baseline, breaks down how each state's law differs, and shows what's left for workers in states with no state-level law at all.
What Is the Family Leave Act? (Federal FMLA)
The federal Family and Medical Leave Act was enacted February 5, 1993, and took effect August 5, 1993. It remains the only nationwide family leave law in the US, and it's entirely unpaid. Here's the federal baseline:
Weeks available: Up to 12 weeks (up to 26 weeks for military caregiver leave)
Employer size threshold: 50 or more employees within 75 miles of the worksite
Tenure requirement: 12 months employed
Hours requirement: 1,250 hours worked in the past 12 months
Pay: None. FMLA is unpaid leave
Job protection: Yes, for the duration of qualifying leave
Covers: Your own serious health condition, a new child (birth, adoption, or foster placement), caring for a family member's serious health condition, and qualifying military exigencies
That's a meaningfully high bar. Small businesses are exempt entirely, and new hires and part-time workers frequently fall short of the hours test. For the full breakdown of who qualifies, see our FMLA eligibility guide. The federal rules are also administered and enforced by the Department of Labor, see the official DOL FMLA page for the statute text and forms.
State Family Leave Acts: How Each One Differs
Thirteen states have enacted their own family and medical leave statutes, each layered on top of federal FMLA. In every case, these state laws are broader than the federal floor in at least one meaningful way, usually a lower employer-size threshold, and in most states, actual wage replacement through a companion paid leave program.
State | State Law | Employer Threshold | Weeks | Paid? |
|---|
California | California Family Rights Act (CFRA) | 5+ employees | 12 | Via CA PFL (separate program) |
New York | New York Paid Family Leave | 1+ employees | 12 | Yes, built-in wage replacement |
New Jersey | New Jersey Family Leave Act (NJFLA) | 30+ employees (dropping to 15+ in July 2026) | 12 | Via NJ FLI (separate program) |
Washington | Washington Paid Family and Medical Leave | 25+ for job protection (benefit itself has no size floor) | 12 | Yes, built-in wage replacement |
Colorado | Colorado FAMLI | Any size (job protection applies regardless) | 12 | Yes, built-in wage replacement |
Connecticut | Connecticut FMLA (job protection) + Connecticut Paid Leave (pay) | 1+ employees | 12 | Yes, via companion Connecticut Paid Leave |
Oregon | Oregon Paid Leave | 1+ employees | 12 | Yes, built-in wage replacement |
Massachusetts | Massachusetts PFML | 1+ employees | 12 (26 combined with medical) | Yes, built-in wage replacement |
Delaware | Delaware Paid Leave | 10+ employees (25+ for full coverage) | 12 | Yes, built-in wage replacement |
Maryland | Maryland FAMLI | Job protection applies broadly | 12 | Delayed, see below |
Rhode Island | RI Parental and Family Medical Leave Act (RIPFMLA) | 50+ employees | 13 | Via RI TCI (separate program) |
Minnesota | Minnesota Paid Leave | 1+ employees | 12 (20 combined with medical) | Yes, built-in wage replacement |
Maine | Maine Paid Family and Medical Leave | 1+ employees | 12 | Yes, built-in wage replacement |
A few things jump out immediately. California's CFRA, at a 5-employee threshold, covers vastly more small businesses than federal FMLA's 50-employee floor ever will. New York, Oregon, Massachusetts, Minnesota, Maine, and Connecticut all extend job protection to employers with just a single employee, no size exemption at all. And most of these states pair job protection with an actual paid-leave program, something federal FMLA has never offered.
The Job-Protection vs. Paid-Leave Distinction
It's worth separating two things people often conflate: job protection (can your employer fire you or refuse to reinstate you for taking leave) and wage replacement (do you get paid while you're out). Some states bundle both into one law, Oregon Paid Leave and Massachusetts PFML, for example, provide both job protection and pay under a single statute. Others keep them as two separate laws that work together: California's CFRA handles job protection, while a distinct program (CA PFL) handles the paycheck. Connecticut works the same way, job protection comes from a standalone Connecticut FMLA statute, while pay comes from the separate Connecticut Paid Leave program. Knowing which piece you're asking about matters when you're trying to figure out your actual rights.
Eligibility Tests Vary More Than People Expect
Federal FMLA uses one test everywhere: 12 months employed and 1,250 hours worked. States frequently use different, often more generous, tests. New Jersey requires only 1,000 hours (not 1,250) for job protection. Washington and Colorado now use a simple 180-calendar-days test with no hours requirement at all. Massachusetts and Minnesota use wage-based eligibility tied to earnings in your base period, rather than a tenure test. That means someone who wouldn't qualify for federal FMLA, a newer hire, or a part-time worker who never crosses 1,250 hours, can still qualify for their state's law. If you're not sure where you stand federally, start with our FMLA eligibility guide and then check your specific state page.
Maryland: A State Law That Isn't Paying Out Yet
Maryland's FAMLI law technically exists on the books, but implementation has been delayed twice under Maryland HB 102 (2025). Payroll contributions don't begin until January 1, 2027, and benefit payments won't start any earlier than that, the state has indicated it could stretch to January 2028. Job protection provisions under FAMLI follow the same delayed timeline. If you work in Maryland, this law isn't functionally in effect yet; check Maryland's FAMLI portal before assuming any coverage.
States Without Their Own Family Leave Act
The remaining 37 states have no state-level family or medical leave law of their own. Workers there are governed entirely by federal FMLA, the 50-employee threshold, the 1,250-hour test, and no pay. That includes some of the largest states in the country by population: Texas, Florida, Pennsylvania, Ohio, Georgia, and North Carolina among them. A handful of these states do have narrower, unrelated leave laws, Illinois, for instance, has a state bereavement leave law despite having no broader family leave act, but none provides the kind of comprehensive job-protection-plus-pay coverage that the 13 states above do. If you live in one of these 37 states, your only path to paid time off around a family or medical need is what your employer offers voluntarily: short-term disability insurance, a parental leave policy, or your own accrued PTO.
Frequently Asked Questions
What is the Family Leave Act?
Most commonly, it refers to the federal Family and Medical Leave Act (FMLA), enacted in 1993, which provides up to 12 weeks of unpaid, job-protected leave to eligible employees at employers with 50 or more workers. The term can also refer to any of the 13 state-level family leave laws (like California's CFRA or New Jersey's NJFLA) that go by similarly generic names.
Does my state have its own family leave act?
Thirteen states do: California, New York, New Jersey, Washington, Colorado, Connecticut, Oregon, Massachusetts, Delaware, Maryland, Rhode Island, Minnesota, and Maine. If you don't see your state on that list, you're covered only by federal FMLA , 12 weeks unpaid, with a 50-employee threshold.
Is state family leave better than federal FMLA?
In nearly every case, yes. State laws typically apply to smaller employers, cover broader family relationships, use more forgiving eligibility tests, and (in most states) add actual wage replacement, which federal FMLA never provides. The one federal advantage is the military caregiver provision, which extends to 26 weeks; not every state law matches that.
How is a state family leave act different from a state paid family leave program?
They're often two different laws working together. The "family leave act" piece usually refers to job protection, can you take the leave without losing your job. The "paid family leave" piece refers to wage replacement, do you get paid while you're out. Some states, like Oregon and Massachusetts, combine both into a single law. Others, like California and Connecticut, keep them as separate statutes that apply to the same leave.
Which state has the lowest employer-size threshold for family leave?
Several states, New York, Colorado, Connecticut, Oregon, Massachusetts, Minnesota, and Maine, extend job protection to employers with as few as one employee. California's CFRA sets its threshold at 5 employees, still far below the federal FMLA's 50-employee floor.
Can I qualify for state family leave even if I don't qualify for federal FMLA?
Yes, often. Many state tests are more forgiving than the federal 12-month, 1,250-hour standard. New Jersey requires only 1,000 hours. Washington and Colorado use a straightforward 180-day employment test with no hours requirement. Massachusetts and Minnesota use wage-based eligibility instead of a tenure test entirely. It's common for someone to qualify for their state's law while falling short of federal FMLA.
Do federal FMLA and state family leave run at the same time?
Usually, yes, when both apply to the same leave, the weeks typically run concurrently rather than stacking on top of each other. You don't get 12 weeks of federal leave plus a separate 12 weeks of state leave back-to-back; the overlapping weeks count against both entitlements simultaneously.
What family members does the Family Leave Act cover?
Federal FMLA covers a spouse, child, or parent with a serious health condition. Many state laws define "family member" more broadly. Massachusetts, for example, includes domestic partners, parents-in-law, grandparents, grandchildren, and siblings, which federal FMLA doesn't cover at all. Check your specific state law if you're caring for an extended family member.
Is New Jersey's family leave threshold changing?
Yes. New Jersey's NJFLA employer threshold is set to drop from 30 employees to 15 employees, effective July 17, 2026, under amendments signed into law in January 2026. The required tenure test is also dropping, from 12 months and 1,000 hours to 3 months and 250 hours, at the lower threshold.
Is Maryland's family leave act actually in effect?
Not yet, functionally. Maryland enacted its FAMLI law in 2022, but a 2025 amendment (HB 102) delayed it, payroll contributions begin January 2027, and benefit payments start no earlier than that, possibly not until 2028. Job protection under the law follows the same delayed schedule.
What happens if I live in a state with no family leave act?
You're covered only by federal FMLA, up to 12 weeks of unpaid, job-protected leave if you meet the 50-employee, 12-month, 1,250-hour test. There's no state-level wage replacement or broader eligibility to fall back on. Any paid time off around a family or medical need comes entirely from what your employer chooses to offer.
Where can I find my specific state's family leave rules?
Check this site's state-specific pages, for example our guides to California, New York, and Massachusetts, or go directly to your state's labor department or paid leave agency for the current, authoritative rules, since thresholds and effective dates do change.
Key Takeaways
"Family Leave Act" usually means federal FMLA , 12 weeks unpaid, 50-employee threshold, enacted 1993.
13 states have their own family leave laws, almost all with lower employer thresholds than federal FMLA.
Most state laws add pay, federal FMLA never does.
Eligibility tests vary widely by state, you may qualify for your state's law even if you don't qualify federally.
37 states have no state law, workers there rely entirely on unpaid federal FMLA.
Sources: U.S. Department of Labor (FMLA statute and regulations), and each state's official labor or paid leave agency. California Civil Rights Department, New York PFL, New Jersey Division of Temporary Disability and Family Leave Insurance, Washington ESD, Colorado FAMLI, Connecticut Paid Leave Authority, Oregon BOLI, Massachusetts DFML, Delaware DOL, Maryland FAMLI, Rhode Island DLT, Minnesota DEED, and Maine DOL.
This article is for informational purposes only and isn't legal advice. Employer thresholds, eligibility tests, and effective dates change over time; confirm current rules with the relevant federal or state agency before making a leave decision.
