There is no national paid leave in the United States.
Thirteen states have adopted paid family leave policies.
Family leave may be taken to bond with a newly adopted child in the year following the adoption.
Paid family and medical leave (PFML) refers to compensated time away from work for significant family caregiving needs such as a new child or a serious illness of the employee or a family member (Congressional Research Service (CRS) 2023). Federal law does not require private employers to provide any kind of paid leave, though some employers provide PFML and there is a federal tax credit for doing so.
The federal Family and Medical Leave Act (FMLA) provides unpaid, job-protected leave to public employees, employees of public and private elementary schools, and private companies with 50 or more employees (Department of Labor (DOL) 2025). Employees are eligible if they have worked at least 1,250 hours (approximately eight months) for their employer prior to the leave, and their employer has at least 50 employees within 75 miles (Wage and Hour Division 2025).
In 2023, 90% of civilian workers had access to unpaid family leave, while 27% had access to paid family leave (BLS 2023). Access to leave is more common among workers at larger companies and higher paid workers. For example, 39% of individuals in management and professional roles have access to paid leave, compared to 16% for service positions (BLS 2023, CRS 2023).
PFML policies have been adopted in 13 states (CA, CO, CT, DE, MA, ME, MD, MN, NJ, NY, OR, RI, WA) along with DC (Figure 1). These polices are not yet active in DE, MD, ME, and MN (Bipartisan Policy Center 2025). This leave is funded through a payroll tax. NY requires employers to purchase private insurance to cover their employees’ PFML. The length of leave provided varies by state. CO, CT, DE, MA, MD, ME, NJ, NY, OR, and WA provide 12 weeks PFML, CA provides eight weeks, and RI provides seven weeks. Details of these policies vary, including but not limited to eligibility requirements, payroll deduction rate, and the maximum benefit allowed.
Voluntary paid leave allows but does not require employers to purchase insurance that would compensate an employee who needs to take family leave. Ten states (AL, AR, FL, KY, NH, SC, TN, TX, VA, VT) have voluntary paid family leave (Bipartisan Policy Center 2025). Some voluntary paid leave policies require a minimum amount of leave. VT and NH require six weeks of coverage while AL, FL, KY, SC, and TX require at least two weeks of coverage. AR, TN, and VA have no minimum leave requirement (Bipartisan Policy Center 2025). In 2022, VA was the first state to allow voluntary family paid leave. Because these policies are recent, there has been limited evaluation of the efficacy of voluntary paid leave.
NH and VT provide a family paid leave insurance plan for state workers that is also available for private companies, individual employees, and self-employed (Widiss 2023). NH allows individuals whose employer does not provide PFML to purchase family leave insurance with a premium capped at $5/week ($260/year) (NH Paid Family & Medical Leave n.d.)
Figure 1. States that have enacted mandatory and voluntary paid leave. Mandatory paid leave policies (blue) provide coverage through a payroll tax, while voluntary paid leave (yellow) allows insurers to offer paid family and medical leave insurance to employers. Benefits are not yet available in DE, MD, ME, MN, and VT. The NH and VT policies permit individuals and employers to opt-in to the plan for state workers. All policies allow for leave in the 12 months following the adoption of a child. Adapted from Bipartisan Policy Center 2025.
All family leave policies, allow for leave to be taken for the employee to bond with the new child in the 12 months following birth, adoption, or placement of a child from foster care (AL, AR, CA, CO, CT, DE, FL, KY, ME, MD, MA, MN, NH, NJ, NY, OR, RI, SC, TN, TX, VT, VA, WA).
Some states allow leave during the adoption process, for example to travel to another country as part of an international adoption (New York State n.d., Connecticut Paid Leave, n.d, Paid Leave Oregon n. d.).
FMLA leave can be used for 12 weeks in the 12 months following the adoption or placement of a child. Leave is also available prior to the adoption , for example to appear in court or attend counseling (DOL 2025).
Alabama Code § 27-19-153 (2024) Conditions for family leave benefits. [link]
An act relative to minimum wage, paid family medical leave and the sales tax holiday. 2018 Mass. Acts. 28 June 2018. https://malegislature.gov/Laws/SessionLaws/Acts/2018/Chapter121
Arkansas Code § 23-62-112 (2024) https://law.justia.com/codes/arkansas/title-23/subtitle-3/chapter-62/subchapter-1/section-23-62-112/
California Unemployment Insurance Code § 3300- 3308. Paid Family Leave [link]
Code of Arkansas § 23-62-112 (2023)
Code of Alabama § 27-19-150. (2023) Paid Family Leave Income Replacement Benefits Act. https://alison.legislature.state.al.us/code-of-alabama?section=27-19-151
Code of Maryland § 8.3–101. https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gle§ion=8.3-101&enactments=False&archived=False
Code of Virginia § 38.2-107.2. (2022) Private family leave insurance. https://law.lis.virginia.gov/vacode/title38.2/chapter1/section38.2-107.2/
Colorado Family and Medical Leave Insurance Program (FAMLI) (2025) Parental (Bonding) Leave. [link]
Colorado Revised Statute § 8-13.3.-502. (2020) [link]
Congressional Research Service (CRS) (2023) Paid Family and Medical Leave in the United States. United States Congress. https://www.congress.gov/crs-product/R44835
Connecticut Paid Leave (n. d.) I am Starting or Expanding my Family. https://www.ctpaidleave.org/how-ct-paid-leave-works/qualifying-reasons/i-m-starting-or-expanding-my-family?language=en_US
Connecticut Public Act No. 19-25. An Act concerning Paid Family and Medical Leave. https://www.cga.ct.gov/2019/ACT/pa/pdf/2019PA-00025-R00SB-00001-PA.pdf
Consolidated Laws Of New York § 67-9-200. https://www.nysenate.gov/legislation/laws/WKC/200
D.C. Law 21-264. (2016) Universal Paid Leave Amendment Act. https://code.dccouncil.gov/us/dc/council/laws/21-264
Delaware Code Title 19 Chapter 37§ 3702 (2022) Family and Medical Leave Insurance Program. https://delcode.delaware.gov/title19/c037/index.html
Employment Development Department (2025) Fact Sheet: California Paid Family Leave. https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de8714cf.pdf
Florida Statutes- 38-627- 627.445 (2024) Paid family leave insurance http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.445.html
Kentucky Revised Statutes § 304.53-020 Definitions for section -- Types of employee leave covered. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54524
Laws of Delaware (2022) Healthy Delaware Families Act. https://legis.delaware.gov/SessionLaws/Chapter?id=41361
Massachusetts Department of Family and Medical Leave (2025) PFML: About family leave to bond with a child. https://www.mass.gov/info-details/pfml-about-family-leave-to-bond-with-a-child
Maine Revised Statutes § 850-B Paid family and medical leave benefits program established. (2025) https://legislature.maine.gov/legis/statutes/26/title26sec850-B.html
Maryland Department of Labor (n.d.) Family and Medical Leave Insurance. https://paidleave.maryland.gov/employers/Pages/home.aspx
Minnesota Paid Leave (2025) Frequently asked questions for individuals and families. https://info.paidleave.mn.gov/employees/faq/index.jsp
Minnesota Statutes (2024) Minnesota Paid Leave Law. https://www.revisor.mn.gov/statutes/cite/268B.001
New Hampshire Paid Family & Medical Leave (2025) Frequently Asked Questions. https://www.paidfamilymedicalleave.nh.gov/frequently-asked-questions
New Hampshire Paid Family & Medical Leave (n.d.) Workers. https://www.paidfamilymedicalleave.nh.gov/workers
New Hampshire Statutes § 21-I:99 (2021) Grante State Paid Family Leave Plan. https://gc.nh.gov/rsa/html/NHTOC/NHTOC-I-21-I.htm
New Jersey Department of Labor and Workforce Development (n. d.) Family Leave Insurance. https://www.nj.gov/labor/myleavebenefits/worker/fli/index.shtml
New Jersey Statutes § 34:11B-4 https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu
New York State (n.d.) Bonding Leave for the adoption of a child. https://paidfamilyleave.ny.gov/bonding-leave-adoption-child
Oregon Revised Statute § 59A.150. https://www.oregonlegislature.gov/bills_laws/ors/ors659A.html
Paid Leave Oregon (n. d.) What is Paid Leave Oregon? https://paidleave.oregon.gov/
Rhode Island. General Laws § 28-41-34. https://webserver.rilegislature.gov/Statutes/TITLE28/28-41/28-41-34.htm
Revised Code of Washington § 50A.05.005. https://app.leg.wa.gov/RCW/default.aspx?cite=50A.05.005
Rhode Island Department of Labor and Training (n.d.) Temporary Caregivers Insurance (TCI) FAQ. https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance/claimants/temporary-disability-tdi-faq
South Carolina Code of Laws § 38-103-10 Paid Family Leave Insurance (2024) https://www.scstatehouse.gov/code/t38c103.php
Tennessee Code § 56-7-3603 (2024) [link]
Texas insurance Code § 1255.102.(2023) https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1255.htm
The Hartford (2024) The Benefits of VT FMLI. https://www.thehartford.com/vermont-family-medical-leave-insurance
United States Bureau of Labor Statistics (2023) Employee Benefits. United States Department of Labor. https://www.bls.gov/ebs/factsheets/family-leave-benefits-fact-sheet.htm
United States Department of Labor (n. d.) Family and Medical Leave (FMLA). https://www.dol.gov/general/topic/benefits-leave/fmla
Wage and Hour Division (2025) Fact Sheet # 28Q: Taking Leave from Work for the Birth, Placement, and Bonding with a Child under the FMLA. United States Department of Labor. https://www.dol.gov/agencies/whd/fact-sheets/28q-taking-leave-for-birth-placement-child
Washington Paid Family & Medical Leave (n.d.) New Parents https://paidleave.wa.gov/help-center/individuals-and-families/new-parents/
Widiss, D (2023) Privatizing Family Leave Policy: Assessing the New Opt-in Insurance Model. Steton Hall Law Review, 53: 1543-1575. https://www.repository.law.indiana.edu/facpub/3078/
