States with Paid Family Leave: Complete 2026 List

TL;DR: Thirteen states have enacted paid family leave (PFL) programs: California, New Jersey, Rhode Island, New York, Washington, Massachusetts, Connecticut, Oregon, Colorado, Delaware, Minnesota, Maine, and Maryland. Twelve are actively paying benefits today; Maryland's program is delayed, with payroll contributions starting in 2027 and benefit payments possibly not arriving until 2028. Wage replacement ranges from roughly 60% to 100% of pay, for 8 to 20+ weeks depending on the state. The other 37 states have no state PFL program, workers there rely on federal FMLA, which is unpaid. Here's the complete list with real numbers for each state.

Paid family leave is one of the most confusing topics in American employment law, mostly because there's no federal program at all, every dollar of wage replacement comes from a patchwork of state laws, each with its own weeks, pay rate, and rules. That patchwork is genuinely hard to track, especially as more states roll out new programs and existing ones raise their rates. This guide lays out exactly which states have paid family leave, what each one actually pays, and how they compare, pulled from each program's own numbers rather than rounded-off approximations. You'll see the full state-by-state breakdown, a straight comparison table, what "no PFL" states are left with, and answers to the questions people ask most.

What "Paid Family Leave" Actually Means

Paid family leave (PFL) is wage replacement, a percentage of your regular paycheck, funded through payroll contributions (usually split between employee and employer, sometimes employee-only) and paid out by a state agency while you're out of work. It's different from the federal Family and Medical Leave Act (FMLA), which only guarantees job protection, not pay. FMLA gives eligible employees up to 12 weeks of unpaid leave; PFL is what actually puts money in your bank account during that time, if your state offers it.

The two laws usually run at the same time rather than stacking. If you qualify for both federal FMLA and your state's PFL program, the same weeks generally count against both entitlements simultaneously, you don't get 12 weeks of unpaid job protection plus a separate 12 weeks of paid leave on top of it. For the federal side of that equation, see our guide to FMLA eligibility.

The Complete List of States With Paid Family Leave

Thirteen states have enacted a PFL program. Here's every one, in the order benefits became available, with the real numbers from each program.

Note: This site's dataset covers the 50 states; it doesn't include a separate entry for Washington, D.C. If you work in D.C. Check the district's own paid leave program directly rather than assuming any of the state rules above apply.

California: The First State PFL Program

California launched the original state PFL program in July 2004, funded through the same State Disability Insurance system that also covers short-term disability. As of recent reforms (SB 951), lower earners (roughly those making up to about $65,120 a year) get 90% wage replacement, while higher earners get 70%, both capped at a maximum weekly benefit of $1,765. It's still one of the highest dollar caps of any state program. See our California Paid Family Leave guide for the full breakdown, or the state's own EDD Paid Family Leave page.

Massachusetts and Minnesota: The Combined Family-Plus-Medical Model

Massachusetts and Minnesota don't just offer family leave, they bundle it with paid medical leave for your own serious health condition, under one combined annual cap. Massachusetts allows up to 12 weeks of family leave and up to 20 weeks of medical leave, but no more than 26 weeks combined in a benefit year. Minnesota allows up to 12 weeks each for family and medical leave, capped at 20 weeks combined. Read more in our Massachusetts PFML guide and Minnesota Paid Leave guide.

Maryland: Enacted but Not Yet Paying Benefits

Maryland passed its FAMLI law back in 2022, but implementation has been pushed back twice. Under Maryland HB 102 (2025), payroll contributions don't start until January 1, 2027, and benefit payments won't begin any earlier than that, the state has signaled it could be as late as January 2028 before workers actually see a check. If you work in Maryland, don't plan your finances around this program yet. Check Maryland's official FAMLI portal for the current timeline before you count on it.

Comparing the Programs: Who Pays the Most and For How Long

Every state PFL program uses a similar structure (a percentage of your wages, up to a weekly cap) but the percentages and caps vary enough to matter. Oregon technically offers the highest wage-replacement rate, paying 100% of wages for workers earning at or below 65% of the state average weekly wage. California pays the highest flat dollar cap, at $1,765 a week, useful for higher earners since it's less tiered than some other states. On weeks available, Massachusetts and Minnesota stand out for combining family and medical leave into a longer combined benefit period (26 and 20 weeks respectively), rather than capping family leave alone at 12 weeks like most other states.

If you're trying to estimate your own benefit rather than compare programs in the abstract, our paid family leave calculator can run the numbers using your actual income and state.

States Without Paid Family Leave

The remaining 37 states (plus the territories) have no state-run paid family leave program. That includes large states like Texas, Florida, Pennsylvania, Ohio, Georgia, and Illinois. Workers in these states are limited to federal FMLA, which is unpaid, plus whatever paid leave benefits their individual employer chooses to offer voluntarily (parental leave policies, short-term disability insurance, or accrued PTO). Some of these states do have other, narrower leave protections, Illinois, for instance, has a state bereavement leave law even though it has no PFL program, but none of the 37 provides broad, state-funded wage replacement for family or medical leave the way the 13 states above do.

Is Paid Family Leave Coming to More States?

The trend over the last two decades has clearly moved toward more states adopting PFL, not fewer, the list has roughly doubled since 2018. States including Vermont, New Mexico, Illinois, Michigan, and Pennsylvania have seen paid-family-leave bills introduced in recent legislative sessions, though the details and momentum behind any specific bill shift year to year. If you live in a state without PFL today, the most reliable way to track progress is to check your own state legislature's website or your state department of labor directly, since bill status can change well before annual guides like this one get updated.

Frequently Asked Questions

How many states have paid family leave in 2026?

Thirteen states have enacted paid family leave programs. Twelve are actively paying benefits: California, New Jersey, Rhode Island, New York, Washington, Massachusetts, Connecticut, Oregon, Colorado, Delaware, Minnesota, and Maine. Maryland has enacted a program but delayed it, payroll contributions start in 2027, with benefit payments not confirmed until 2027 or possibly 2028.

Which state has the best paid family leave program?

It depends what you're optimizing for. Oregon pays the highest wage-replacement rate for lower earners (100%). California pays the highest maximum weekly dollar amount ($1,765). Massachusetts and Minnesota offer the most combined weeks when you factor in medical leave alongside family leave. There isn't a single "best" state, it depends on your income and what kind of leave you need.

Does every state PFL program cover the same reasons for leave?

Mostly, yes, with some variation. Every program listed here covers bonding with a new child and caring for a family member with a serious health condition. Most also cover military-related family exigencies, though New Jersey and Delaware notably do not. Massachusetts and Minnesota go further by also covering the employee's own serious health condition under the same combined program.

Is paid family leave the same thing as FMLA?

No. FMLA is a federal law that guarantees unpaid, job-protected leave for eligible employees at larger employers, it doesn't pay you anything directly. State PFL programs are separate wage-replacement systems that pay a percentage of your income while you're out. The two frequently apply to the same leave at the same time, running concurrently rather than stacking.

How is paid family leave funded?

Almost every state program is funded through payroll contributions, typically a small percentage of wages withheld from each paycheck, sometimes matched or partly covered by the employer depending on the state and company size. It works similarly to how Social Security or unemployment insurance is funded, a dedicated state fund pays out claims rather than the money coming from general tax revenue.

Can I get paid family leave if I work part-time?

In most of the 13 states, yes, eligibility is usually based on wages earned or hours/days worked rather than full-time status, though the specific threshold varies by state. Massachusetts, for example, uses a wage-based test rather than a tenure test, which tends to include many part-time workers. Check your specific state's eligibility rules, since thresholds differ meaningfully from state to state.

What happens if my state doesn't have paid family leave?

You fall back on federal FMLA, which provides up to 12 weeks of unpaid, job-protected leave if you meet its eligibility requirements (12 months employed, 1,250 hours worked in the past year, and an employer with 50 or more employees within 75 miles). Beyond that, your only paid options are what your employer voluntarily offers, parental leave policies, short-term disability insurance, or your own accrued PTO.

Which state was the first to offer paid family leave?

California, whose Paid Family Leave program became available in July 2004, funded through the state's existing State Disability Insurance system. It set the model that most later state programs, payroll-funded wage replacement layered on top of unpaid federal FMLA, have followed since.

Do paid family leave benefits count as taxable income?

State PFL benefit taxability varies by program and by whether the benefit is state or federal tax purposes; some states treat benefits as taxable, others don't, and federal tax treatment has its own rules. This is genuinely a "check with a tax professional or your state's program" situation rather than a one-size-fits-all answer, since it can change from year to year.

Can I use paid family leave and my employer's own paid leave at the same time?

In many states you can supplement your PFL weekly benefit with your employer's own accrued sick or vacation pay, to get closer to your full paycheck. Whether and how that stacking works depends on both your state's rules and your employer's specific policy, so confirm with HR and your state program before assuming you can combine benefits freely.

Is Maryland's paid family leave program active right now?

No. Maryland enacted its FAMLI law in 2022, but implementation has been delayed twice. Under a 2025 law (HB 102), payroll contributions begin January 1, 2027, and benefit payments start no earlier than that date, possibly not until 2028. If you work in Maryland, don't count on this program yet; check Maryland's official FAMLI site for the current status.

Does Washington, D.C. Have paid family leave?

The dataset behind this guide covers all 50 states and does not include a separate D.C. Entry, so we can't confirm district-specific figures here. If you work in Washington, D.C. Check the district government's own paid leave program directly rather than assuming any state's rules in this guide apply to you.

Key Takeaways

• 13 states have enacted PFL , 12 are actively paying benefits; Maryland's program is delayed until at least 2027, possibly 2028.

• Wage replacement ranges from about 60% to 100%, depending on the state and your income level.

• Oregon pays the highest percentage for lower earners; California pays the highest dollar cap ($1,765/week).

• Massachusetts and Minnesota combine family and medical leave into the longest total benefit periods (26 and 20 weeks).

• 37 states have no PFL program, workers there rely on unpaid federal FMLA plus whatever their employer voluntarily offers.

Sources: State program data compiled from each state's official paid leave agency. California EDD, New Jersey Division of Temporary Disability and Family Leave Insurance, Rhode Island DLT, New York PFL, Washington ESD, Massachusetts DFML, Connecticut Paid Leave Authority, Oregon Employment Department, Colorado FAMLI, Delaware DOL, Minnesota DEED, Maine DOL, and Maryland FAMLI. See individual state pages linked above for direct citations.

This article is for informational purposes only and isn't legal or tax advice. Program rules, wage caps, and effective dates change; confirm current figures directly with your state's paid leave agency before making a leave decision.