TL;DR: Thirteen states offer paid parental leave, paying 60-100% of wages for 8-12 weeks. Oregon pays the highest percentage (100% for lower earners). California pays the highest maximum benefit ($1,765/week). The other 37 states leave paid parental leave entirely up to your employer. FMLA guarantees only unpaid, job-protected leave nationwide. Here's exactly how every state's program compares.
Paid parental leave isn't a federal right in the US, it's a state-by-state patchwork, and where you live decides whether you get paid at all. Thirteen states run their own paid family leave programs that cover bonding with a new child, and the difference between the best and worst of them is real money: California's top earners can collect $1,765 a week, while a Delaware worker on the same program tops out at $900. This guide breaks down what every one of those 13 states actually pays, how many weeks you get, and what happens if you live in one of the other 37 states where paid parental leave is purely up to your employer.
What Counts as Paid Parental Leave
Paid parental leave is wage-replacement leave you can take after the birth, adoption, or foster placement of a child, funded through a state insurance program you and often your employer pay into through payroll deductions. It's different from FMLA, which is federal, unpaid, and only guarantees your job back, not a paycheck.
It's also different from an employer's own parental leave policy, which is a company benefit, not a legal entitlement. If your state doesn't run a PFL program, whether you get paid during parental leave depends entirely on what your employer decides to offer.
All 13 states with paid family leave programs explicitly cover child bonding, the technical term most of these programs use instead of "parental leave", for both birth parents and non-birth parents, and for adoptive and foster placements.
Paid Parental Leave by State: Full Comparison
Here's every state with a paid parental leave program, with the exact weeks, wage-replacement rate, and maximum weekly benefit from each state's own program rules.
State | Program | Weeks | Wage Replacement | Max Weekly Benefit | Active Since |
|---|
California | CA Paid Family Leave | 8 | 90% (70% above ~$65,120/yr) | $1,765 | 2004 |
New York | NY Paid Family Leave | 12 | 67% | $1,229 | 2018 |
New Jersey | NJ Family Leave Insurance | 12 | 85% | $1,119 | 2009 |
Rhode Island | RI Temporary Caregiver Insurance | 8 | 60% | $1,150 | 2014 |
Massachusetts | MA Paid Family and Medical Leave | 12 | 80% (tiered above 50% of SAWW) | $1,230 | 2021 |
Connecticut | Connecticut Paid Leave | 12 | 95% (60% above cap) | $1,016 | 2022 |
Oregon | Oregon Paid Leave | 12 | 100% (tiered above 65% of SAWW) | $1,692 | 2023 |
Colorado | Colorado FAMLI | 12 | 90% (tiered above 50% of SAWW) | $1,448 | 2024 |
Delaware | Delaware Paid Leave | 12 | 80% | $900 | 2026 |
Minnesota | Minnesota Paid Leave | 12 | 90% (tiered above 50% of SAWW) | $1,423 | 2026 |
Maine | Maine PFML | 12 | 90% (tiered above 50% of SAWW) | $1,249 | 2026 |
Washington | WA Paid Family and Medical Leave | 12 | 90% (tiered above 50% of SAWW) | $1,647 | 2020 |
Maryland | Maryland FAMLI | 12 | 90% | $1,000 | 2027* |
*Maryland's program was delayed by HB 102 (2025). Payroll contributions don't start until January 1, 2027, and benefit payments won't begin until 2027 at the earliest, possibly not until 2028. If you work in Maryland today, this program doesn't exist yet.
A few things jump out once you line all 13 up side by side.
Which State Pays the Most?
California pays the highest maximum weekly benefit at $1,765. That's the result of SB 951, which raised California's wage-replacement rate to 90% for lower earners (up to roughly $65,120 a year) starting in 2025, up from a flat 60-70% before that. Oregon isn't far behind at $1,692, and Washington's $1,647 cap rounds out the top three.
Which State Pays the Highest Percentage?
Oregon technically replaces 100% of wages, but only for workers earning at or below 65% of the state's average weekly wage. Above that threshold, Oregon blends down to a lower rate, and your benefit is still capped at $1,692 a week no matter your income. Connecticut is close behind at 95% for wages up to 40 times the state minimum wage.
This "tiered" structure, a high percentage for lower earners, a lower percentage for higher earners, both capped at a maximum, is how most PFL states actually calculate benefits. Washington, Colorado, Minnesota, Maine, and Massachusetts all use a version of it. Only New York (a flat 67%), New Jersey (85%), Delaware (80%), and Maryland (90%) currently use a single flat percentage instead of a sliding scale.
States Where Benefits Haven't Started Paying Yet
Delaware, Minnesota, and Maine all activated their programs in 2026, so if you're reading this after those effective dates, you can already file a claim. Maryland is the outlier: its program is written into law and shows up in every comparison of "13 PFL states," but it isn't actually paying anyone yet. Contributions begin in 2027, and benefits could take until 2028 to start. Don't count on Maryland PFL if you're planning parental leave anytime soon.
The 37 States With No Paid Parental Leave Law
If your state isn't on that list of 13, there's no state-run program to fall back on. That covers 37 states, including Texas, Florida, Illinois, Ohio, Pennsylvania, Georgia, and every other state without its own paid family leave insurance system.
In those states, paid parental leave is whatever your employer decides to offer, and nothing more. Some large employers voluntarily offer generous parental leave (think tech companies offering 16-20 weeks paid). Many offer nothing beyond what federal law requires, which is unpaid leave. There's no state minimum, no state wage-replacement fund, and no state agency to file a claim with, because none exists.
Some employers in these states let you stitch together paid time off, short-term disability (for the birth parent's own recovery, not bonding), and sick leave to cover part of an unpaid leave. That's a workaround, not a right, check your employee handbook, because it varies enormously by company.
FMLA: The Unpaid Federal Baseline Everywhere
No matter which state you live in, the Family and Medical Leave Act (FMLA) provides a federal floor: up to 12 weeks of job-protected leave for the birth, adoption, or foster placement of a child, if you've worked for your employer for at least 12 months, logged 1,250 hours in the past year, and work at a location with 50 or more employees within 75 miles.
FMLA guarantees you can take the leave and get your job back. It does not guarantee a paycheck. FMLA leave is unpaid unless you stack it with a paid program, your state's PFL benefit if you have one, employer-paid parental leave, short-term disability, or accrued PTO. In the 13 PFL states, most workers run FMLA and state paid leave concurrently, so the paid weeks also count against your 12 weeks of federal job protection.
How to Apply for Paid Parental Leave in Your State
If you're in one of the 13 PFL states, you file your claim directly with the state agency that runs the program, not through your employer, though you'll typically need to notify HR that you're taking leave. Filing windows vary by state: California gives you 41 days after leave starts, New York and Washington require filing within 30 days, and Connecticut allows up to 45 days. Missing the window in most states means a reduced benefit rather than an outright denial, but Rhode Island strictly enforces its 30-day deadline with no exceptions for good cause.
Check your state's official program page (linked in the comparison table sources above) for the exact form, required documentation (usually proof of the birth, adoption, or placement), and processing timeline before your leave starts.
Frequently Asked Questions
Which state has the best paid parental leave?
It depends what you're optimizing for. Oregon pays the highest percentage of wages (100% for lower earners). California pays the highest maximum dollar amount ($1,765/week). Massachusetts and Minnesota let you combine bonding leave with medical leave for up to 26 and 20 total weeks in a benefit year, respectively, more total paid time than any single-purpose bonding benefit.
How much does paid parental leave pay?
Across the 13 states with programs, wage replacement ranges from 60% (Rhode Island) to 100% (Oregon, for lower earners), with maximum weekly benefits from $900 (Delaware) to $1,765 (California). Most workers won't hit the maximum cap unless they earn a high salary, the percentage matters more for typical earners.
Is paid parental leave available in all states?
No. Only 13 states have paid family leave programs that cover parental bonding: California, New York, New Jersey, Washington, Massachusetts, Connecticut, Oregon, Colorado, Rhode Island, Minnesota, Delaware, Maine, and Maryland. The remaining 37 states have no state-level paid parental leave program, pay during leave is entirely up to your employer.
Does paid parental leave cover adoptive and foster parents, not just birth parents?
Yes, in all 13 states. Every state PFL program that covers bonding treats birth, adoption, and foster placement the same way for eligibility purposes, the benefit is about welcoming a new child into your home, not medical recovery from childbirth.
Can both parents take paid parental leave at the same time?
In every one of the 13 states, yes, each parent who works and pays into the state program can file their own separate claim, up to their state's full number of weeks. There's no requirement that leave be staggered, and no reduction in either parent's benefit because their partner is also on leave.
What's the difference between paid parental leave and FMLA?
FMLA is federal, unpaid, and only guarantees job protection for up to 12 weeks. Paid parental leave is a state benefit that replaces a percentage of your wages while you're out. In the 13 PFL states, they typically run at the same time, your paid weeks also count against your 12 weeks of FMLA job protection, not in addition to it.
Is Maryland's paid family leave program available right now?
No. Maryland's FAMLI program is delayed under HB 102 (2025). Payroll contributions don't begin until January 1, 2027, and benefit payments won't start until 2027 at the earliest, possibly as late as 2028. Maryland shows up on every list of "13 PFL states" because the law is enacted, but there's no benefit to claim yet.
What happens if I live in a state without paid parental leave?
You fall back on whatever your employer offers, plus unpaid FMLA job protection if you qualify. Some employers offer paid parental leave voluntarily even without a state mandate, ask HR directly what your company provides, since it won't show up in any state comparison.
How long can you take paid parental leave?
Most PFL states offer 12 weeks; California and Rhode Island offer 8. Massachusetts and Minnesota allow more total weeks (26 and 20) if you combine bonding leave with your own medical leave for childbirth recovery, though the bonding-specific portion in both states is still capped at 12 weeks.
Do you have to use paid parental leave all at once?
Rules vary by state, but most PFL programs allow leave to be taken intermittently or in a reduced schedule, not just as one continuous block, check your specific state's program rules, since intermittent-leave policies differ from state to state.
How do you apply for paid parental leave?
You file a claim directly with your state's paid leave agency, generally within 30-45 days of your leave starting depending on the state (California: 41 days; New York and Washington: 30 days; Connecticut: 45 days). You'll need documentation of the birth, adoption, or placement. Filing late in most states reduces your benefit rather than denying it outright, but Rhode Island enforces its 30-day window strictly.
Will more states add paid parental leave programs?
Several states have active PFL legislation under consideration, but until a program is signed into law, funded, and actually paying claims, it doesn't count as one of the 13. Delaware, Minnesota, and Maine all activated in 2026 after years of build-up, showing the typical lag between a law passing and benefits actually starting.
Key Takeaways
13 states offer paid parental leave: California, New York, New Jersey, Washington, Massachusetts, Connecticut, Oregon, Colorado, Rhode Island, Minnesota, Delaware, Maine, and Maryland.
Wage replacement ranges 60-100% of pay, for 8-12 weeks depending on the state.
Oregon pays the highest percentage (100% for lower earners, tiered above that).
California pays the highest maximum benefit ($1,765/week).
Maryland's program isn't paying benefits yet, contributions start 2027, payments possibly not until 2028.
37 states have no paid parental leave law, pay during leave is up to your employer.
FMLA is the unpaid federal floor everywhere, guaranteeing job protection but not a paycheck.
Related Resources
