History of US Family Leave Laws
The United States is one of the few developed nations without a national paid family leave program. Instead, family leave rights have been built piece by piece — starting with the federal FMLA in 1993, then expanding state by state as individual legislatures created their own paid leave programs. Here is the full timeline.
33
Years since FMLA
13
States with PFL
13
States with own FMLA
12
Weeks (federal)
The Family and Medical Leave Act (1993)
Signed into law: February 1993
Took effect: August 1993
The FMLA guarantees eligible employees up to 12 weeks of job-protected, unpaid leave per year for:
- The birth of a child or placement of an adopted or foster child
- A serious health condition that prevents the employee from working
- Caring for a spouse, child, or parent with a serious health condition
- Qualifying exigencies related to a family member's military deployment (up to 26 weeks for military caregiver leave)
To qualify, employees must have worked for a covered employer (50+ employees within 75 miles) for at least 12 months and 1,250 hours in the past year.
Paid Family Leave: State-by-State Rollout
Since 2004, 13 states and the District of Columbia have enacted paid family leave programs. Here they are in chronological order:
California
California Paid Family Leave — 8 weeks at 90% wage replacement (up to $1,765/week)
90% of wages for lower earners (up to roughly $65,120/year), 70% for higher earners, up to the weekly cap. Raised from a flat ~60-70% by SB 951, effective 2025.
New Jersey
New Jersey Family Leave Insurance — 12 weeks at 85% wage replacement (up to $1,119/week)
Rhode Island
Rhode Island Temporary Caregiver Insurance — 8 weeks at 60% wage replacement (up to $1,150/week)
Benefit is calculated as roughly 4.62% of your highest base-period quarter wages (rising to 5.38% in 2027 and 5.77% in 2028), commonly summarized as about 60% wage replacement, up to the weekly cap.
New York
New York Paid Family Leave — 12 weeks at 67% wage replacement (up to $1,229/week)
Washington
Washington Paid Family and Medical Leave — 12 weeks at 90% wage replacement (up to $1,647/week)
90% of wages for earners at or below half the state average weekly wage; a lower blended rate above that, up to the weekly cap.
Massachusetts
Massachusetts PFML — 12 weeks at 80% wage replacement (up to $1,230/week)
80% of wages up to 50% of the state average weekly wage, plus 50% of wages above that, up to the weekly cap. Weeks also vary by reason: up to 12 weeks for bonding/family care, up to 20 weeks for the employee's own serious health condition, capped at 26 combined weeks per benefit year.
Connecticut
Connecticut Paid Leave — 12 weeks at 95% wage replacement (up to $1,016/week)
95% of wages up to 40x the CT minimum wage; 60% of wages above that threshold, up to the weekly cap.
Oregon
Oregon Paid Leave — 12 weeks at 100% wage replacement (up to $1,692/week)
100% of wages for earners at or below 65% of the state average weekly wage; a lower blended rate above that, up to the weekly cap (which updates each late June/July).
Colorado
Colorado FAMLI — 12 weeks at 90% wage replacement (up to $1,448/week)
90% of wages for earners at or below half the state average weekly wage; a lower blended rate above that, up to the weekly cap, which is recalculated roughly twice a year.
Delaware
Delaware Paid Leave — 12 weeks at 80% wage replacement (up to $900/week)
Minnesota
Minnesota Paid Leave — 12 weeks at 90% wage replacement (up to $1,423/week)
90% of wages up to 50% of the state average weekly wage, 66% of wages from 50-100% of SAWW, and 55% of wages above that, up to the weekly cap. Up to 12 weeks each for medical and family leave, capped at 20 combined weeks per benefit year.
Maine
Maine Paid Family and Medical Leave — 12 weeks at 90% wage replacement (up to $1,249/week)
90% of wages up to 50% of the state average weekly wage, plus 66% of wages above that, up to the weekly cap.
Maryland
Maryland FAMLI — 12 weeks at 90% wage replacement (up to $1,000/week)
State FMLA Laws
13 states have enacted their own family and medical leave laws that expand on or differ from the federal FMLA — often covering smaller employers or providing more weeks of leave.
| State | Law | Weeks | Employer Size |
|---|---|---|---|
| California | California Family Rights Act | 12 | 5+ |
| Colorado | Colorado Family and Medical Leave Insurance | 12 | 1+ |
| Connecticut | Connecticut Paid Leave | 12 | 1+ |
| Delaware | Delaware Paid Leave | 12 | 10+ |
| Maine | Maine Paid Family and Medical Leave | 12 | 1+ |
| Maryland | Maryland Family and Medical Leave Insurance | 12 | 15+ |
| Massachusetts | Massachusetts Paid Family and Medical Leave | 12 | 1+ |
| Minnesota | Minnesota Paid Leave | 12 | 1+ |
| New Jersey | New Jersey Family Leave Act | 12 | 30+ |
| New York | New York Paid Family Leave | 12 | 1+ |
| Oregon | Oregon Paid Leave | 12 | 1+ |
| Rhode Island | Rhode Island Parental and Family Medical Leave Act | 13 | 50+ |
| Washington | Washington Paid Family and Medical Leave | 12 | 25+ |
Bereavement Leave Laws
5 states require employers to provide bereavement leave. The federal FMLA does not cover bereavement.
Oregon
Oregon Family Leave Act (OFLA) bereavement provision: 14 days
Up to 2 weeks (14 days) per family member's death, capped at 4 weeks (28 days) total per year for multiple deaths.
Bereavement leave details →Vermont
Vermont Parental and Family Leave Act bereavement provision: 10 days
Taken in blocks of no more than 5 consecutive workdays at a time, at employers with 10+ employees averaging 30+ hours/week.
Bereavement leave details →Washington
Washington Bereavement Leave (SB 5217): 7 days
Expanded from 3 to 7 days by SB 5217 (2025); usable within 12 months of the death, for any qualifying family member.
Bereavement leave details →Short-Term Disability Programs
5 states mandate short-term disability insurance, which can provide partial wage replacement during pregnancy and recovery from childbirth — effectively functioning as paid maternity leave in those states.
California
California State Disability Insurance
The same payroll-funded SDI program that also funds California Paid Family Leave; short-term disability and PFL benefits use the same wage-replacement schedule.
STD details →Hawaii
Hawaii Temporary Disability Insurance
One of the oldest mandatory disability insurance laws in the US (in effect since 1969). Employers must either carry a private TDI plan or self-insure; benefits provide partial wage replacement for off-the-job disabilities, including pregnancy.
STD details →New Jersey
New Jersey Temporary Disability Insurance
A separate program from New Jersey Family Leave Insurance (FLI, listed under Paid Family Leave). TDI covers an employee's own non-work-related disability, including pregnancy recovery, while FLI covers bonding and caregiving.
STD details →New York
New York Disability Benefits Law
A separate, older program from New York Paid Family Leave, administered by the NYS Workers' Compensation Board (not the Department of Labor). DBL covers an employee's own non-work-related disability, including pregnancy recovery, and has no job-protection component; PFL covers bonding and caregiving and includes job protection. The two share a combined 26-week annual cap.
STD details →Rhode Island
Rhode Island Temporary Disability Insurance
Administered by the same agency and under the same payroll tax as Rhode Island's Temporary Caregiver Insurance (listed under Paid Family Leave); TDI covers the employee's own disability, TCI covers bonding and caregiving.
STD details →Frequently Asked Questions
When was the FMLA passed?
The Family and Medical Leave Act was signed into law by President Bill Clinton on February 5, 1993, and took effect on August 5, 1993. It was the first federal law to guarantee job-protected, unpaid leave for family and medical reasons.
Which state had the first paid family leave program?
California launched the nation's first paid family leave program in 2004, providing up to 6 weeks of partial wage replacement (later expanded to 8 weeks). It was followed by New Jersey in 2009 and Rhode Island in 2014.
How many states currently have paid family leave?
12 states have active paid family leave programs as of 2026, with Maryland's program scheduled to begin paying benefits in 2027.
Is FMLA paid leave?
No. The federal FMLA provides up to 12 weeks of job-protected, unpaid leave. However, several states now offer paid family leave programs that provide partial wage replacement during FMLA-qualifying leave. You may also be able to use accrued paid sick leave, vacation time, or short-term disability benefits during FMLA leave.
What is the difference between FMLA and state paid family leave?
FMLA is a federal law that guarantees job protection (your employer must hold your job) for up to 12 weeks of unpaid leave. State paid family leave programs provide partial wage replacement (typically 60-100% of your wages, up to a weekly cap) but may or may not include job protection. In many states, FMLA and state PFL run concurrently — you get both job protection and pay.