In the absence of a federal paid family and medical leave program for U.S. employees, additional states continue to pass laws mandating their own paid disability/medical leave programs for an employee’s own health condition and/or paid leave programs for parental leave, caregiving leave, military exigency, and safe leave. The states outlined below join a growing number of other states (14 states[1] in total, in addition to Washington, D.C. and Puerto Rico) in mandating paid family and/or medical leave programs (PFML) for employees.
Maine is now the last state in New England[2] to enact a PFML program and Minnesota is now the first state in the Midwest to mandate PFML.
The list below outlines key provisions of these new state-mandated programs set to begin over the next several years.
In addition to reviewing the list below, employers are advised to review their existing leave policies in preparation for the upcoming state PFML effective dates. Note that the structure and details of the state PFML programs outlined below are subject to change as the states continue to release implementing regulations and guidance. Risk Strategies will continue to monitor and provide updates on further developments. In the meantime, the Risk Strategies Absence Management team is here to help.
Maine
- PFML Law Passed: July 2023
- Types of Leave: Medical/Disability Leave; Family Leave, Military Exigency Leave, Safe Leave
- Maximum Amount of Leave: 12 weeks
- Employer and/or Employee Contributions Effective Date: January 1, 2025
- Benefit Effective Date: May 1, 2026
- Covered Employer: One employee
- Covered Employee: Employees who earned at least 6 times the state average weekly wage in wages subject to premiums.
- Job Protection: ✔
- Health Benefits Continuation: ✔
- Private Plan Option: ✔
- Note: The program will be funded with a 50/50 split of employer and employee payroll contributions up to 1% of wages, up to the Social Security wage maximum. Employers with fewer than 15 employees are not required to make employer contributions to the program.
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Minnesota
- PFML Law Passed: May 2023
- Types of Leave: Medical/Disability Leave; Family Leave, Military Exigency Leave, Safe Leave
- Maximum Amount of Leave: Up to 12 weeks of medical leave or family leave for a single qualifying event; up to 20 weeks of combined medical and family leave for more than one qualifying event in the same claim year.
- Employer and/or Employee Contributions Effective Date: January 1, 2026
- Benefit Effective Date: January 1, 2026
- Covered Employer: One employee
- Covered Employee: Employee who has earned more than about $3,500 in wages within the state over a period of a year.
- Job Protection: ✔
- Health Benefits Continuation: ✔
- Private Plan Option: ✔
- Note: The program will be funded with a 50/50 split of employer and employee payroll contributions. The employer premium rates will be 0.7% for an employer participating in both family and medical benefit programs.
In a related Minnesota paid leave development, click here for a Risk Strategies article on Minnesota’s new paid sick and safe leave law requirements, starting on January 1, 2024.
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Delaware
- PFML Law Passed: May 2022
- Types of Leave: Medical/Disability Leave; Family Leave
- Maximum Amount of Leave: 12 weeks
- Employer and/or Employee Contributions Effective Date: January 1, 2025
- Benefit Effective Date: January 1, 2026
- Covered Employer: 10 employees during the previous 12 months — must provide parental leave only; 25 employees during the previous 12 months — must provide parental, family caregiving, and medical leave
- Covered Employee: Employee who has worked for one year and at least 1,250 hours for their employer in the previous 12 months
- Job Protection: ✔
- Health Benefits Continuation: ✔
- Private Plan Option: ✔
- Note: Employers that are closed completely for 30 consecutive days or more per year are exempt from the program.
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Maryland
- PFML Law Passed: April 2022
- Types of Leave: Medical/Disability Leave; Family Leave, Military Exigency Leave
- Maximum Amount of Leave: 12 weeks
- Employer and/or Employee Contributions Effective Date: October 1, 2024
- Benefit Effective Date: January 1, 2026
- Covered Employer: One employee
- Covered Employee: Employee who has worked at least 680 hours in the previous 12-month period
- Job Protection: ✔
- Health Benefits Continuation: ✔
- Private Plan Option: ✔
- Note: Weekly benefits will range from $50 to $1,000, based on the employee’s average weekly wage, and is indexed to inflation; Employers with less than 15 employees are not required to contribute to the program.
Click here for a Risk Strategies article with more details on the upcoming Maryland PFML program.
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Colorado
- PFML Law Passed: November 2020
- Types of Leave: Medical/Disability Leave; Family Leave; Safe Leave, Military Exigency Leave
- Maximum Amount of Leave: 12 weeks; 16 weeks for pregnancy or childbirth complications
- Employer and/or Employee Contributions Effective Date: January 1, 2023
- Benefit Effective Date: January 1, 2024
- Covered Employer: One employee for each working day during each of 20 or more calendar workweeks in the current or immediately preceding calendar year
- Covered Employee: Employee who has earned at least $2,500 in wages within the last 4 calendar quarters
- Job Protection: ✔
- Health Benefits Continuation: ✔
- Private Plan Option: ✔
- Note: Benefit capped at $1,100 per week; Employers with less than 10 employees are not required to contribute to the program.
Click here for a Risk Strategies article with more details on the upcoming Colorado PFML program, with benefits starting on January 1, 2024.
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Oregon
- PFML Law Passed: August 2019
- Types of Leave: Medical/Disability Leave; Family Leave
- Maximum Amount of Leave: 12 weeks
- Employer and/or Employee Contributions Effective Date: January 1, 2023
- Benefit Effective Date: September 1, 2023
- Covered Employer: One employee
- Covered Employee: Employee who has earned at least $1,000 in wages in the year prior to taking leave
- Job Protection: ✔
- Health Benefits Continuation: ✔
- Private Plan Option: ✔
- Note: Employers with less than 25 employees are not required to contribute to the program.
Click here for a Risk Strategies article with more details on the upcoming Oregon PFML program, with benefits starting on September 3, 2023.
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Additional Notes and Footnotes:
The "Family Leave" category listed above includes parental and bonding leave, and family caregiving leave.
The "Safe Leave" category above includes leave related to domestic violence, abuse, harassment, sexual assault, or stalking.
The “Military Exigency” category above includes leave related to a need arising out of a military member's active duty service or notice of an impending call or order to active duty in the United States armed forces.
The "Covered Employer" category above refers to the minimum number of employees working in the applicable state to be considered a covered employer subject to the applicable PFML program.
[1] California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island and Washington.
[2] New Hampshire created a voluntary paid family/medical leave program for private employers that commenced on January 1, 2023. Vermont’s voluntary paid family and medical leave insurance program is being rolled out in phases: Phase 1: July 1, 2023 for state employees; Phase 2: July 1, 2024 for private employers.
[3] For employees who have been employed by their employer for at least 180 days before taking leave.
