['Family and Medical Leave Act (FMLA)']
['Family and Medical Leave Act (FMLA)']
09/13/2024
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State (effective date) | Covered employers | Employee eligibility | Reasons for leave and amount of leave | Other |
---|---|---|---|---|
California (7/1/04) Paid family leave | No ER coverage; employees pay into program | Be covered by the state disability insurance or voluntary coverage, earn at least $300 in the year. | Up to eight weeks of benefits within a 12-month period to care for a family member, to bond with a newborn or an adopted or foster child. | No job retention rights. |
Colorado (1/1/23) Paid family and medical leave (Prop 118) | Employers with one or more employees | Worked at least 180 days and have earned at least $2,500 | Employee’s serious health condition; caring for a family member with a serious health condition; for the birth, adoption, or placement of a child; qualifying military exigency; or for domestic violence, stalking, sexual assault, or abuse. | Employees are entitled to return to their positions or an equivalent one. CO paid leave may run concurrent with other forms of leave. |
Connecticut Paid Family and Medical Leave | Private employers with one or more employees. | Earned Connecticut wages of at least $2,325 in the highest quarter during the base period and are employed or have been employed in the 12 weeks just prior to the leave. | Up to 12 weeks to bond with a new child, care for the employee’s own or a family member’s serious health condition, to serve as an organ or bone marrow donor, for military exigency, up to 26 weeks for military caregiver; up to 12 days for family violence. | Employees may take intermittent leave when medically necessary for a serious health condition or military caregiving. PFML may run concurrent with federal FMLA leave. |
Delaware paid leave (Healthy Delaware Families Act 1/1/26) | Employers with at least 10 employees in the state during the previous 12 months | Primarily work in DE, worked at least 12 months, and worked at least 1,250 hours in the previous 12-month period | Employee's own condition, care for a family member, bond with a new child, to address a family member's military deployment. | Employers with 10 to 24 employees during the previous 12 months must provide only parental leave |
D.C. (7/1/19) Universal paid leave | Employers required to pay D.C. unemployment insurance taxes. | Spend 50% of their time working in the District. | Eight weeks for birth, adoption, foster, or legal assumption of parental responsibility; six weeks to care for a family member; two weeks for employee’s own condition. | Capped at $1,000 per week. |
Illinois (7/1/23 for state EEs; 7/1/24 for private EEs) | All employers in Illinois | Employees earn one hour of leave for every 40 hours worked. | Employees may take up to 40 hours of earned leave per 12-month period for any reason | Leave accrual begins upon hire, but employees may take the leave 90 days after hire or March 31, 2024, whichever is later |
Maine (1/1/21) Earned paid leave | Employers with 10 or more employees for more than 120 days in any calendar year | Employees earn one hour of leave for every 40 hours worked. Employers may have a 12-day waiting period. | Employees may take up to 40 hours of leave per year for any reason. | Leave accrual begins at the start of employment. Employees are paid the same base rate of pay before leave began. Leave may not result in loss of employee benefits. |
Maine paid family and medical leave (5/1/26) | All Maine employers | Earned at least six times the state average weekly wage during the individual's base period | Employee's own condition; the birth or placement of a child; to bond with a child; to donate an organ; to care for a family member with a serious health condition; for a military-related qualifying exigency; military caregiver; for the death or condition of a family member in the state military who died or incurred a serious condition while on active duty; for safe (sexual assault victim) leave. | Contributions through a payroll tax from both employers and employees begin 1/1/25 |
Maryland (1/1/2025) Time to Care Act | All employers | Worked at least 680 hours over the 12-month period immediately preceding the date on which leave is to begin | To care for a child during the first year after birth or placement; to care for a family member with a serious health condition; because the employee has a serious health condition; to care for a service member who is the employee’s next of kin; to handle a qualifying exigency due to a family member’s military service If employees take 12 weeks for their own condition, they could take another 12 weeks to bond with a new child for a total of up to 24 weeks | Employees as well as employers with 15 or more employees contribute to the family and medical leave insurance fund. |
Massachusetts (1/1/21) | Employers with 25 or more employees contribute to a 0.63 percent payroll tax of each employee’s wages, split roughly 50-50 between employees and employers. Employers with fewer than 25 workers are not required to contribute, but employees are. | Be covered by the state unemployment provisions. | Up to 12 weeks per year to care for a family member, bond with a new child, or for a family military exigency; 20 weeks per year to deal with a personal medical issue; and up to 26 weeks per year for military caregiver. | The employee is entitled to return to his or her position or an equivalent one. Leave may run concurrent with FMLA leave if the employee is eligible for both and the reason qualifies for both. |
Nevada (1/1/20) | All private employers with 50 or more employees | Employees may take the leave after being employed for 90 days. | Up to 40 hours of leave per year for any reason. | Employees need not inform employers of the reason, but are to provide notice of the need for leave. |
New Jersey (2009) Family leave insurance | No ER coverage; employees pay into program. | Worked at least 20 weeks in the state or have earned at least 1,000 times the NJ minimum wage during the 52 weeks before leave. | Up to six weeks of leave until 7/1/2020, when this will increase to 12 weeks. To care for a newborn or newly adopted child, or to care for a family member with a serious health condition. | No job retention rights. |
New Mexico Healthy Workplaces Act (paid sick leave) (7/1/22) | All employers | All employees; no eligibility criteria | Up to 64 hours per year for the following reasons:
| Employers may not take a negative employment action, including termination, against employees who request or take the paid leave. |
New York 1/1/18) Paid family leave | All employers with at least 30 employees. | Worked at least 26 weeks before leave is to begin; those who work less than five days per week must have worked at least 175 days before leave begins. | Up to 12 weeks of leave. Part-time employees get a percentage based on how many days they work. Employees may take PFL to care for a family member, bond with a child after birth, adoption, or foster care; or for a family member’s qualifying military exigency | Employees are generally entitled to return to their jobs. |
OR paid family and medical leave (Paid Leave Oregon 9/3/23) | Employers are covered by the law if they have one or more employees working in the state | Work in OR and received at least $1,000 in wages during the year before claiming benefits | Care for a family member, for their own condition, to bond with a child, or for domestic violence, harassment, sexual assault, or stalking | Employers with fewer than 25 employees need not provide for paid leave. |
Rhode Island (1/5/14) Temporary caregiver insurance | All employers. | Employees who pay into the fund. They must file for benefits. | Employees may take up to four weeks of leave in any two calendar years for the birth, adoption, or foster placement of a child; or to care for a family member with a serious condition. | Employees are generally entitled to return to their jobs. |
Virginia paid sick leave (7/1/21) | Employers with home health care workers — employees who provide personal care, respite, or companion services to an individual who receives consumer-directed services under the state plan for medical assistance services (Medicaid). | Home health workers who work on average at least 20 hours per week or 90 hours per month. | Up to 40 hours of paid sick leave per year for the following reasons:
| Employers are prohibited from taking a negative employment action, including termination, because an employee requested or took the leave. |
Washington (1/1/2020) Paid Family and Medical Leave Act | All employers in the state. | Worked at least 820 hours during the first four of the last five completed calendar quarters. | Employees may take leave for their own serious condition, to care for a family member with a serious condition, to bond with a newborn or newly placed child, or because of a family member’s qualifying military exigency. They may take 12 weeks of family OR medical leave; 14 weeks if the employee has a pregnancy-related condition; 16 weeks of combined family AND medical leave, or 18 weeks of combined leave if the employee has a pregnancy-related condition. | Maximum weekly benefit is $1,000 adjusted annually. Employees are generally entitled to return to their jobs. |
['Family and Medical Leave Act (FMLA)']
['Family and Medical Leave Act (FMLA)']
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