US State Family and Medical Leave Laws Resources in United States
US State Family and Medical Leave Laws Resources
The federal Family and Medical Leave Act of 1993 requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to employees for a serious illness or to care for a child, spouse or parent. A number of states — both before and since the federal act — have passed similar protections that may apply to more workers than the federal law, differ in the terms of unpaid leave that are required, and provide more specific or additional types of unpaid leave.
Medical leave typically is defined as unpaid time off due to serious illness of the employee (including leave for bone marrow or organ donors). Family leave, however, can be defined in a variety of ways. It can include leave to care for an ill child, spouse or parent. It may encompass forms of parental leave, such as to care for a child following a birth or adoption, to attend school-related events or extracurricular activities or to respond to interruptions in day care.
Two states (California and Washington) offer paid family leave, and other states are exploring proposals to establish paid leave systems though the state’s unemployment insurance programs, through temporary disability programs or through some other wage-replacement mechanism.
The following table identifies state family and medical leave laws, qualifying employers and amount of leave offered. Some states have enacted rules and regulations regarding family and medical leave laws that are not included in this table.
| State/Citation | Public Sector | Private Sector | Type of Leave |
| Alabama§ 36-27-58 | X | Maternity: an active and contributing member of the public Employees’ Retirement System may purchase service credit in the system not to exceed one year for any period of time while he or she is on maternity leave from service without pay | |
| Alaska§39-20-305 | X | Family and medical: a public employer is required to offer 18 workweeks during any 24 month period for pregnancy, childbirth or adoption and to care for an ill spouse, child, parent or because of the employees own serious health condition | |
| Arizona§41-783 | X | Family and medical: public employees may share leave to care for a family member suffering from incapacitating or severe illness | |
| Arkansas§21-4-209 | X | Maternity: a public employee may use accumulated sick and annual leave for a pregnancy after which leave without pay may be used. | |
| CaliforniaGovernment Code §12945.2 | X | X | Family and medical: public employers and private employers of 50 or more employees are required to offer 12 weeks in any 12 month period for leave to care for the birth or adoption of a child or upon the serious illness of the employee, a child, spouse or parent; employees who are temporarily disabled for medical reasons, including pregnancy and childbirth, can receive partial wage replacement through the state’s Temporary Disability Insurance (TDI) program |
| Colorado§19-5-211 | X | X | Maternity: all employers that offer benefits for the birth of a child must offer equivalent benefits for the adoption of a child |
| Connecticut§5-248a | X |
X |
Family and medical: public employers must offer 24 weeks of unpaid leave within any two year period to care for the birth or adoption of a child or upon the serious illness of the employee, a child, spouse or parent |
| §31-51kk | X | Family and medical: private employers of 75 or more employees are required to offer 16 weeks in any 24 month period to care for the birth or adoption of a child or upon the serious illness of the employee, a child, spouse or parent | |
| Delaware29 Del. C 5120 | X | X | Maternity: public employers are required to offer six weeks of leave for the adoption of a child |
| District of Columbia§32-502§32-503 | X | X | Family and medical: all employers are required to offer 16 weeks of family leave during any 24 month period for birth or adoption of a child or upon serious illness of the employee, a child, spouse or parent |
| §32-1201 | X | X | Family: all employers are required to offer parental leave to participate in a child’s school activities |
| §1-612.31 |
X |
Family: public employees may transfer annual or universal leave through a leave bank, which may then be drawn upon and used for parental leave, sick leave, or to care for a seriously ill family member | |
| Florida§2001-Ch0110-Section%20221″110.221 | X | Family and medical: public employers are required to offer no more then six months for birth or a adoption of a child or upon serious illness of the employee, a child, spouse or parent | |
| Hawaii§398-1 | X | X | Family and medical: public employers and private employers of 100 or more are required to offer four weeks of family leave during any calendar year for the birth or adoption of a child or upon serious illness of the employee, a child, spouse or parent; employees who are temporarily disabled for medical reasons, including pregnancy and childbirth, receive partial wage replacement in the form of Temporary Disability Insurance (TDI) benefits |
| Illinois5 ILCS 400/10
820 ILSC 147/1 et seq |
X |
Family and medical: public employees may sick leave to a leave bank, to be used for future sick leave; employees must use up all other types of leave prior to using leave from the leave bank. All employers with 50 or more employees must allow 8 hours of unpaid leave annually to employees to attend school activities of their children; however, all acrued leave other than sick and disability leave must be exhausted before school-related leave is granted; employers are required to make a good-faith effort to allow the employee to make up the time taken for school-related leave. | |
| Indiana§5-10-6-1 |
X |
Family and medical: public employees with sick leave may use this leave to care for certain sick family members | |
| Iowa§70A-23 |
X |
Family and medical: public employees with sick leave may use this leave to care for certain sick family members | |
| Kansas§75-5549 |
X |
Family and medical: public employees may share leave to care for a family member suffering from extraordinary or severe illness | |
| Kentucky§18A-197 |
X |
Family and medical: public employees may use donated leave to care for a family member for at least ten consecutive working days | |
| Maine26 M.R.S.A. §843 | X | X | Family and medical: public employers and private employers of 15 or more employees are required to offer 10 consecutive work weeks of leave in any two years for the birth or adoption of a child or upon serious illness of the employee, a child, spouse or parent |
| 26 M.R.S.A. §636 |
X |
X |
Family and medical: public employers and private employers of 25 or more employees are required to offer 40 hours in a 12 month period to care for immediate family member |
| Maryland§9-1001 | X | Family and medical: requires the implementation of the federal family and medical leave act | |
| §3-802 | X | Maternity: an employer who provides paid leave to an employee after the birth of a child must provide equivalent leave if an employee adopts a child | |
| Massachusetts149 §52D | X | X | Family: public employers and private employers of 50 or more employees are required to offer 24 hours of leave during any 12 month period to participate in the school activities of the employees children, to accompany children to routine medical appointments and to accompany an elderly relative to routine medical appointments |
| 149 §105d | X | X | Maternity: public employers and private employers of six or more employees are required to offer eight weeks of leave for the purpose of giving birth or adopting a child |
| Michigan§38.1376 | X | Maternity: employees of the public school system may purchase service credits for maternity or paternity leave | |
| Minnesota§181.941 | X | X | Family: private employers and public employers of 21 or more employees are required to offer six weeks of leave for birth or adoption of a child |
| §119B.035 |
X |
X |
Family: provides low-income families with some wage replacement when one parent chooses to stay at home to care for an infant child; families can receive up to ninety percent of the maximum subsidy payable for an infant in family child care |
| §181.9412 | X | X | Family: public employers and private employers of 21 or more employees are required to grant an employee leave of up to a total of 16 hours during any 12-month period to attend school conferences or school-related activities of the employee’s child |
| Mississippi§25-3-95 |
X |
Family and medical: public employees may accrue leave for the illness or injury of an employee or member of the employee’s immediate family; agencies of more than 500 employees are allowed to use up to 90 days of donated leave | |
| Missouri§105.271 | X | Family: public employers are required to allow an employee to use sick or accrued leave to attend to the adoption of a child | |
| Montana§2-18-606 | X | Family: public employers are required to offer no more then 15 days of sick leave for the birth or adoption of a child | |
| §49-2-310 | X | Maternity: private employers are required to permit a reasonable leave of absence and permit the use of sick leave immediately following the birth or placement of a child | |
| §52-2-710 | X | X | Family: provides low-income families with some wage replacement when one parent chooses to stay at home to care for an infant child; families can receive up to ninety percent of the maximum subsidy payable for an infant in family child care |
| Nebraska§48-234 | X | Maternity: a public employer who provides paid leave to an employee after the birth of a child must provide equivalent leave if an employee adopts a child | |
| New Hampshire§100-A:9-a | X | Family and medical: any person on leave under the federal family and medical leave act is considered eligible for death or disability benefits | |
| New Jersey§34:11 B-2 | X | Family and medical: public employers of 50 or more employees are required to offer no more than 12 weeks of paid, unpaid (or some combination of unpaid and paid) leave in any 24-month period. | |
| §43:21-25 |
X |
X |
Family and medical: employees who are temporarily disabled for medical reasons, including pregnancy and childbirth, receive partial wage replacement in the form of temporary disability insurance (TDI) benefits |
| New Mexico§10-7-10 | Family and medical: public employees may use an unlimited amount of accrued sick leave to care for certain sick family members | ||
| New YorkLabor Law §201-c |
X |
Family: prohibits discrimination of child-care leave in cases of adoption | |
| North Carolina§95-28.3 | X | X | Family: all employers are required to offer leave up to four hours per year for parent involvement in schools |
| North Dakota§54-52.4-02 | X | Family: public employers are required to offer 16 weeks to care for the birth or adoption of a child and to care for a sick spouse or child | |
| Ohio§124.136 | X | Maternity: public employers are required to offer employees six weeks of leave for birth or adoption of a child | |
| Oklahoma§74-840-2.22 | X | X | Family and medical: implements federal family and medical leave act |
| Oregon§659A.153 | X | X | Family and medical: public employers and private employers of 25 or more employees are required to offer 12 weeks of family leave within any one year period to care for the birth or adoption of a child or upon the serious illness of the employee, a child, spouse or parent |
| Rhode Island§28-48-1 | X | X | Parental and family medical: all public employers of 30 or more employees and private employers of 50 or more employees are required to offer 13 weeks of leave in any two calendar years to care for the birth or adoption of a child or upon the serious illness of a child, spouse or parent |
| §28-48-8 |
X |
X |
Family: covered employees are entitled to partial wage replacement for up to 30 weeks if they are unable to work for medical reasons, including pregnancy or childbirth. |
| South Carolina§8-11-40 |
X |
Family and medical: public employees may use up to 10 days of sick leave to care for immediate family. | |
| Tennessee§4-21-408 | X | X | Maternity: public employers and private employers of 8 or more must offer female employees 16 weeks for childbirth |
| §8-50-806 | X | Family: public employers must offer employees six weeks for the adoption of a child | |
| TexasGovt. Code §661.912 | X | X | Family and medical: implements federal family and medical leave act |
| Vermont21 V.S.A §470 | X | X | Family and medical: public employers and private employers of 30 or more employees are required to offer 12 weeks in a 12 month period to care for the birth or adoption of a child or upon the serious illness of the employee, a child, spouse or parent |
| 21 V.S.A. §472a | X | X | Family: public employers and private employers of 30 or more employees are required to offer leave to participate in the school activities of the employees children, to accompany children to routine medical appointments and to accompany an elderly relative to routine medical appointments |
| Virginia§51.1-1108 | X | Family and medical: public employers are required to allow employees the use of sick leave for incident, illness, or death of a family member or other personal need | |
| Washington§49.78.005 | X | X | Family and medical: public employers and private employers of 100 or more employees are required to offer 12 weeks in any 24 month period for the birth or adoption of a child or to care for a child under 18 years old with a terminal health condition |
| West Virginia§21-5D-1 | X | Family: public employers are required to offer 12 weeks during a 12 month period following the exhaustion of annual and paid leave to care for birth or adoption of a child or upon the serious illness of the employee, a child, spouse or parent | |
| Wisconsin§103.10 | X | X | Family and medical: public employers and private employers of 50 or more employees are required to offer six weeks in a 12 month period for birth or adoption of a child and two weeks in a 12 month period for a severe illness of an employee; employees covered by and eligible for the state’s family and medical leave law may elect to substitute any type of accrued paid leave they may have for the job-protected leave specified under that law |
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