Unpaid Leave Programs
Federal Level
In 1993, the Federal Family and Medical Leave Act (FMLA) was signed into law. The FMLA provides eligible workers1 up to 12 weeks of unpaid, job-protected leave to care for a seriously ill or injured parent, spouse, or child; address their own serious health concern; or to care for a newborn, newly adopted, or newly placed foster child.2
In 2009, Congress expanded the law to include reasons arising from military service, including qualifying exigency leave and military caregiver leave.3 Research estimates the FMLA has been used more than 460 million times.4
State Level
Some states have their own unpaid leave laws or ‘state FMLAs.’ While both federal and state FMLA laws do not 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.
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.
Participating States:
- California
- Connecticut
- District of Columbia
- Hawaii
- Maine
- New Jersey
- Oregon
- Rhode Island
- Vermont
- Wisconsin
Sources
1Employees are eligible if they work for a covered employer for at least 12 months, have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and work at a location where the employer has at least 50 employees within 75 miles.
2https://www.dol.gov/agencies/whd/fact-sheets/28-fmla
3https://www.dol.gov/agencies/whd/fact-sheets/28-fmla
4https://nationalpartnership.org/report/fmla-key-facts/
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