Paid family leave (PFL) is a state-administered insurance programme that provides employees with partial wage replacement when they take time off for qualifying family events — such as bonding with a new child, caring for a seriously ill family member, or supporting a loved one during military deployment. Unlike the federal Family and Medical Leave Act (FMLA), which guarantees only unpaid, job-protected leave, PFL provides actual income during the absence.
As of 2026, thirteen US states and the District of Columbia operate active PFL programmes. For HR teams managing multi-state workforces, understanding PFL eligibility, duration, and pay rates is essential for compliance and employee communication.
Key Takeaways
- PFL provides partial wage replacement (typically 60-100% of weekly pay) during qualifying family events.
- Thirteen US states and DC have active PFL programmes; there is no federal PFL law yet.
- Eligibility generally requires a minimum earnings threshold and employment in a state with a PFL programme.
- PFL programmes are funded through payroll taxes, not employer contributions — employers cannot opt out in covered states.
What Is Paid Family Leave?
Paid family leave is a government-mandated programme that allows employees to take time away from work for specific family caregiving or bonding events while receiving a portion of their regular wages. It is distinct from sick leave, vacation, and the unpaid leave provided by the federal FMLA.
PFL programmes are state-level. There is no federal PFL law in the United States, though proposals have been introduced repeatedly in Congress. Outside the US, countries like Canada, the UK, and Australia have national paid parental leave programmes, but this article focuses on the US state-level landscape.
What Events Qualify for PFL?
Qualifying events vary by state but typically include:
- Bonding with a new child — birth, adoption, or foster placement
- Caring for a seriously ill family member — spouse, domestic partner, child, parent, parent-in-law, or grandparent (definitions vary by state)
- Military family leave — when a spouse or family member is deployed or injured during military service
- Qualifying event due to a family member’s active duty — in some states
State-by-State PFL Overview (2026)
The following table summarises the key features of active US state PFL programmes. Pay rates and durations are subject to change as legislatures amend programmes.
| State | Weekly Benefit | Maximum Duration | Effective Date |
|---|---|---|---|
| California | 60-70% of weekly wages | 8 weeks | 2004 |
| New Jersey | 85% of weekly wages | 12 weeks | 2009 |
| New York | 67% of weekly wages (up to cap) | 12 weeks | 2018 |
| Rhode Island | 60% of weekly wages | 6 weeks | 2014 |
| Washington | 90% of weekly wages (up to cap) | 12 weeks | 2020 |
| Massachusetts | 80% of weekly wages (up to cap) | 12 weeks | 2021 |
| Connecticut | 95% of weekly wages (lower earners) | 12 weeks | 2022 |
| Oregon | 100% of weekly wages (low earners) | 12 weeks | 2023 |
| Colorado | 90% of weekly wages (low earners) | 12 weeks | 2024 |
| Maryland | 90% of weekly wages (low earners) | 12 weeks | 2025 |
| Delaware | 80% of weekly wages | 12 weeks | 2025 |
| Minnesota | 90% of weekly wages (low earners) | 12 weeks | 2026 |
| Maine | 90% of weekly wages (low earners) | 12 weeks | 2026 |
| DC | Up to $1,000/week (indexed) | 8 weeks | 2025 |
Pay rates shown are approximate and may vary based on income tier. Many states use a sliding scale where lower earners receive a higher percentage.
Common Eligibility Requirements
Most state PFL programmes share a baseline eligibility structure:
- Employment in a covered state. You must work (or your employer must be subject to the state’s PFL law) in a state with an active programme.
- Earnings threshold. You must have earned a minimum amount during a “base period” — typically the first four of the last five completed calendar quarters. Common thresholds range from $2,000 to $4,000.
- Employment status. Full-time and part-time employees are generally covered. Independent contractors are typically excluded unless they opt in (available in some states like California and New York).
- Employer size. Some states exempt very small employers (fewer than 1-5 employees), though this varies.
How PFL Is Funded
PFL programmes are funded through payroll taxes — not employer contributions. Employees and sometimes employers each pay a small percentage of wages into the state’s PFL fund. For example:
- California: Employee pays approximately 1.1% of wages; employer with fewer than 50 employees is not required to contribute.
- New York: Employee pays 0.524% of wages; employer pays 0.076%.
- Washington: Employee pays 0.4% of wages; employer pays 0.149%.
These rates are modest and apply to all wages up to the state’s social security contribution base. Employees cannot opt out, and employers in covered states cannot refuse to participate.
PFL vs FMLA
| Factor | PFL (State) | FMLA (Federal) |
|---|---|---|
| Pay | Partial wage replacement | Unpaid |
| Duration | 6-12 weeks (varies by state) | 12 weeks |
| Employer coverage | Varies by state (often 1+ employees) | 50+ employees within 75 miles |
| Employee eligibility | Earnings threshold + state employment | 12+ months employed, 1,250+ hours worked |
| Job protection | Varies by state | Yes — same or equivalent position |
| Qualifying events | Family bonding, caregiving, military | Same events (broader medical scope) |
Many employees use PFL and FMLA concurrently. PFL provides the pay; FMLA provides the job protection. In states without PFL, employees may still be entitled to unpaid FMLA leave.
Managing PFL for Multi-State Workforces
For employers with employees across multiple states, PFL compliance requires:
- Track where employees work, not where they live. PFL obligations are tied to the state where the employee performs work.
- Deduct the correct payroll taxes. Each state’s PFL fund requires separate withholding and remittance.
- Communicate clearly. Employees often don’t know PFL exists until they need it. Include PFL information in onboarding materials and employee handbooks.
- Use leave management software. Tracking PFL eligibility, deductions, and claims across multiple states manually is error-prone. A centralised system reduces compliance risk.
Frequently Asked Questions
Is paid family leave mandatory?
In states with active PFL programmes, participation is mandatory for covered employers and employees. You cannot opt out. In states without PFL, there is no requirement to offer paid family leave, though employers may choose to provide it voluntarily.
How much do employees receive under PFL?
It depends on the state. Benefits typically range from 60% to 100% of weekly wages, with many states using a sliding scale where lower earners receive a higher percentage. Most programmes cap the weekly benefit amount (e.g., $1,129.82 in New York for 2026).
Can PFL be used for paternity leave?
Yes. Bonding with a new child is one of the primary qualifying events for PFL in all active states. This applies equally to birth mothers, birth fathers, and adoptive or foster parents.
Does PFL apply to small businesses?
Most PFL programmes cover employers with at least one employee, though some states phase in coverage for small employers. In California, employers with fewer than 50 employees are exempt from the employer portion of the tax. Check your specific state’s rules.
Can I take PFL and FMLA at the same time?
Yes. In most cases, PFL and FMLA run concurrently. The employee receives partial wage replacement through the PFL programme while FMLA provides job protection. Employees should file for both simultaneously to maximise their benefits.
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