Thirteen US states and Washington D.C. mandate paid family leave in 2026: California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, and Washington.Â
Three programs launched this year: Delaware and Minnesota on 1 January, and Maine on 1 May. Maryland is next in the pipeline, with contributions starting in 2027 and benefits in 2028. The federal FMLA, summarized by the US Department of Labor, covers only unpaid leave, so state programs are the only source of paid time off for serious medical or family events.
Programs by state
| State | Since | Max leave | Wage replacement | Funding |
|---|---|---|---|---|
| California | 2004 | 8 wks | 70-90% (90% for lower earners since 1/1/2025) | Employee |
| Colorado | 2024 | 12 wks | 90% to $735.67/wk, then 50% (cap $1,381) | Split |
| Connecticut | 2022 | 12 wks | 95% then 60% (cap $1,016) | Employee |
| Delaware | Jan 2026 | 12 wks parental / 6 wks medical | 80% (cap $900) | Split |
| DC | 2020 | 12 wks | 90% (cap $1,190) | Employer |
| Maine | May 2026 | 12 wks | 90% then 66% (~$599 breakpoint) | Split* |
| Maryland | Benefits 2028 | — | — | Contributions 2027 |
| Massachusetts | 2021 | 20 wks medical / 12 wks family (26 cap) | 80% then 50% (cap $1,230) | Split |
| Minnesota | Jan 2026 | 12 wks family / 12 wks medical** | 90% then 66% (cap $1,372) | Split (0.88%) |
| New Jersey | 2009 | 12 wks | 85% (cap $1,119) | Employee |
| New York | 2018 | 12 wks | 67% (cap $1,228) | Employee |
| Oregon | 2023 | 12 wks | 100% then 50% (cap $1,636) | Split |
| Rhode Island | 2014 | 8 wks (since Jan 2026) | ~60% (cap $1,103) | Employee |
| Washington | 2020 | 12 wks | 90%/50% (cap $1,647) | Split |
*Maine contribution rates differ for employers with under 15 vs 15+ employees. **Minnesota allows up to 20 weeks total per benefit year when family and medical are combined.
Voluntary programs
New Hampshire and Vermont run voluntary opt-in programs through private insurance. New Hampshire offers up to 6 weeks at 60% wage replacement (employees at non-participating companies can opt in individually). Vermont uses a private plan through The Hartford. The National Partnership for Women & Families maintains a current state-by-state summary.
What employers typically do
- Register with the state agency in each state where employees are based (for example, Colorado FAMLI).
- Run payroll deductions at the current state-agency rates, which most programs reset annually.
- Update the handbook to cover the right to leave, the claim process, and job protection (this often sits next to part-time PTO accrual rules).
- Track multi-state exposure: remote employees trigger the law of the state where they work, regardless of the company HQ. This is the most common compliance miss.
Disclaimer: This information is for informational purposes and does not constitute legal advice. For specific compliance questions, consult legal counsel or the relevant state agency.
TL;DR
- 13 US states plus D.C. require paid family leave in 2026; Maryland joins in 2028.
- Delaware and Minnesota launched on 1 January 2026; Maine on 1 May
- The state where the employee works governs, not where the employer is headquartered.
- Employers typically register with each relevant state agency, run payroll deductions, and update the handbook.