Paid Leave Laws by State: 2026 Complete Guide

Paid leave laws have expanded rapidly across the United States. What was once limited to a handful of states has become a nationwide patchwork of paid family and medical leave programs, paid sick leave mandates, and local ordinances. For employers — especially those operating in multiple states — keeping track of these requirements is critical. Here is where things stand in 2026. ## Paid Family and Medical Leave PFML Programs As of 2026, the following states have enacted mandatory paid family and medical leave programs funded through payroll contributions: ### States with Active PFML Programs - California — The oldest program, providing up to 8 weeks of paid family leave through the State Disability Insurance SDI program. Benefits are approximately 60-70% of wages. - New Jersey — Up to 12 weeks of family leave and 26 weeks of disability leave. Benefits are approximately 85% of wages up to a cap. - Rhode Island — Temporary Caregiver Insurance TCI provides up to 6 weeks of paid leave. Temporary Disability Insurance TDI provides up to 30 weeks. - New York — Paid Family Leave provides up to 12 weeks at 67% of the employee's average weekly wage, capped at 67% of the statewide average weekly wage. - Washington — Up to 12 weeks of family leave and 12 weeks of medical leave 16-18 weeks combined in some cases. Benefits are approximately 90% of wages up to a cap. - Massachusetts — Up to 12 weeks of family leave and 20 weeks of medical leave 26 weeks combined maximum. Benefits are approximately 80% of wages up to a cap. - Connecticut — Up to 12 weeks of paid leave at approximately 95% of wages up to a cap, with an additional 2 weeks for pregnancy-related incapacity. - Oregon — Up to 12 weeks of family leave and 12 weeks of medical leave 14-16 weeks in some cases. Benefits are approximately 100% of wages for lower earners, scaled down for higher earners. - Colorado — The FAMLI Act provides up to 12 weeks of paid leave 16 weeks with pregnancy complications. Benefits are approximately 90% of wages up to a cap. - Maryland — Program launching with benefits starting in 2026. Up to 12 weeks of paid leave. - Delaware — Program enacted with benefits beginning in 2026. Up to 12 weeks of paid parental leave and 6 weeks of other family or medical leave. - Minnesota — Program enacted with benefits starting in 2026. Up to 12 weeks of family leave and 12 weeks of medical leave 20 weeks combined maximum. - Maine — Program enacted with benefits beginning in 2026. Up to 12 weeks of paid leave. ### What Employers Must Do For each state where you have employees, your handbook should explain the PFML program and how to apply for benefits, whether premiums are employer-paid, employee-paid, or shared, how PFML leave interacts with federal FMLA, job protection obligations which vary by state and employer size, and anti-retaliation protections. ## Paid Sick Leave Laws Paid sick leave mandates are even more widespread than PFML programs. As of 2026, the following states require employers to provide paid sick leave: ### States with Paid Sick Leave Laws - Arizona — 1 hour per 30 hours worked; up to 40 hours 24 for employers with fewer than 15 employees - California — 1 hour per 30 hours worked; minimum 40 hours some localities require more - Colorado — 1 hour per 30 hours worked; up to 48 hours per year - Connecticut — 1 hour per 40 hours worked; up to 40 hours employers with 50+ employees in certain service industries, expanding to all employers - Illinois — 1 hour per 40 hours worked; up to 40 hours - Maine — 1 hour per 40 hours worked; up to 40 hours employers with 10+ employees; can be used for any reason - Maryland — 1 hour per 30 hours worked; up to 40 hours employers with 15+ provide paid; smaller provide unpaid - Massachusetts — 1 hour per 30 hours worked; up to 40 hours paid for employers with 11+ - Michigan — 1 hour per 30 hours worked; up to 40 hours paid for employers with 10+ - Minnesota — 1 hour per 30 hours worked; up to 48 hours - Nevada — 0.01923 hours per hour worked; up to 40 hours employers with 50+ employees - New Jersey — 1 hour per 30 hours worked; up to 40 hours - New Mexico — 1 hour per 30 hours worked; up to 64 hours - New York — Varies by employer size and location 40-56 hours; NYC employers with 5+ provide paid - Oregon — 1 hour per 30 hours worked; up to 40 hours - Rhode Island — 1 hour per 35 hours worked; up to 40 hours - Vermont — 1 hour per 30 hours worked; up to 40 hours - Washington — 1 hour per 40 hours worked; no annual cap but carryover limited to 40 hours ### Local Paid Sick Leave Ordinances In addition to state laws, numerous cities and counties have their own paid sick leave requirements. Notable localities include Chicago, Cook County IL, Los Angeles, San Francisco, San Diego, Oakland, Berkeley, Santa Monica, Seattle, Tacoma, Philadelphia, Pittsburgh, Minneapolis, St. Paul, Duluth, and Washington D.C. Local ordinances may provide more generous benefits than state law. Employers must comply with whichever law provides the greatest benefit to the employee. ## Handbook Requirements for Paid Leave Regardless of which states you operate in, your handbook should address the following for each applicable paid leave program: ### Eligibility Who qualifies for leave? Most state PFML programs cover nearly all employees, including part-time workers. Sick leave laws typically cover all employees from the first day of employment, though accrual-based systems may require a waiting period before use. ### Accrual and Use Describe how leave is earned accrual rate or frontloaded, when employees can begin using it, the maximum balance, and carryover rules. Some states require carryover but allow employers to cap annual usage. ### Permitted Reasons List the reasons employees can use each type of leave. Paid sick leave typically covers the employee's own illness, a family member's illness, preventive medical care, and absences related to domestic violence, sexual assault, or stalking. PFML programs cover bonding with a new child, caring for a family member, the employee's own serious health condition, and military-related reasons. ### Notice and Documentation Describe how much notice employees must provide for foreseeable leave and what documentation the employer may request such as medical certification for PFML. ### Anti-Retaliation All paid leave laws prohibit retaliation against employees who use or request leave. Your handbook must include a clear anti-retaliation statement. ## The Challenge for Multi-State Employers If your company has employees in multiple states, you face the complexity of different accrual rates, caps, and carryover rules, overlapping state and local requirements, varying definitions of "family member," different premium structures for PFML programs, and state-specific notice and posting obligations. A single, one-size-fits-all leave policy will not work. You need state-specific supplements or a policy framework flexible enough to accommodate each jurisdiction's requirements. ## Frequently Asked Questions Is there a federal paid leave law? No. As of 2026, there is no federal paid family leave or paid sick leave law for private employers. Federal employees have access to paid parental leave under the Federal Employee Paid Leave Act. Can I offer a PTO policy instead of separate sick leave? In many states, yes — but your PTO policy must meet or exceed the state's sick leave requirements, including accrual rates, permitted uses, and carryover rules. Some states have specific requirements that a generic PTO policy may not satisfy. Do I need separate policies for each state? It depends on the differences. If you operate in states with substantially similar laws, a unified policy may work with state-specific notes. For states with materially different requirements, separate policy sections or supplements are safer. ## Stay Ahead of Paid Leave Laws The paid leave landscape changes every year as new states enact programs and existing programs expand. Rulewize tracks paid leave requirements across all 50 states and generates handbook policies that comply with each jurisdiction where you have employees — so you do not have to manually monitor legislative sessions or risk falling out of compliance.