FMLA and State Paid Leave Programs

State Laws

Leave Laws by State

Unpaid Leave

Some states have their own unpaid leave laws or ‘state FMLAs.’ While both federal and state FMLA laws don’t provide cash benefits, they can provide other protections to employees including job protection, a right to health insurance continuation and anti-retaliation measures. State FMLAs are generally similar to federal FMLA, but they may cover people or situations not covered by the federal FMLA. States with these laws include California, Connecticut, Hawaii, Maine, New Jersey, Oregon, Rhode Island, Vermont, and Wisconsin, as well as Washington, D.C. Additional states provide unpaid leave for limited reasons,generally related to pregnancy, recovery from childbirth, etc. These laws vary substantially in the rights they provide and the scope of coverage.¹

Paid Leave

As of 2024, 13 states and the District of Columbia have passed mandatory paid family and medical leave programs. Funding for these programs varies by state. Generally, they are funded by a tax on either the employer, employee or a shared tax on both. These programs give workers the ability to receive partial pay due to qualifying reasons. These reasons vary by state but in general can cover the need to address a serious health condition for themselves or a loved one, bond with a newborn, newly adopted or newly placed foster child. Additionally, some states include leave related to military deployment and safe leave.²  People receiving cash benefits through a state-paid family and medical leave law may also be eligible for additional protections under either or both federal and state FMLA.

Origins of Paid Leave: Understanding TDIs

Beginning with Rhode Island in 1942, 5 states and Puerto Rico passed Temporary Disability Insurance Programs (TDIs). These programs give workers access to partial pay if they are unable to work due to a non-work-related medical need. Rhode Island, California, New York, and New Jersey have expanded their programs to include parental and caregiving leave. Hawaii and Puerto Rico both still have unexpanded TDIs. Due to the more limited scope of these programs, they are often not included in the count of paid family and medical leave programs.

NASWA’s Paid Family Medical Leave (PFML) Workgroup

This policy workgroup strives to address shared concerns pressing the states and territories, share best practices and communicate with external partners and stakeholders. Workgroup members are paid leave program administrators or those interested in understanding paid leave programs. To learn more, email gkelley@naswa.org.