Keeping up with US leave laws is one of the hardest parts of running HR for a growing company. As of 2026, over 17 states plus Washington D.C. mandate paid sick leave, and 13 states run paid family and medical leave programs — with Delaware, Maine, and Minnesota joining the list this year.
This guide covers every state with mandatory paid leave laws, what employers need to know, and how to stay compliant without drowning in spreadsheets.
The Two Types of State-Mandated Paid Leave
Before diving into specifics, it helps to understand the two main categories:
1. Paid Sick Leave (PSL)
State laws requiring employers to provide paid time off for illness, medical appointments, or caring for sick family members. These typically accrue at 1 hour per 30-40 hours worked, with annual caps.
2. Paid Family and Medical Leave (PFML)
State-run insurance programs (funded by payroll deductions) that provide wage replacement when employees take extended leave for new children, serious illness, or caring for family members. Benefits typically range from 8-26 weeks.
States With Mandatory Paid Sick Leave
Arizona
- Accrual: 1 hour per 30 hours worked
- Cap: 24 hours/year (under 15 employees) or 40 hours/year (15+ employees)
- Eligible uses: Employee illness, family member care, domestic violence, public health closures
- Carryover: Unused time carries over, but employer can cap usage at annual accrual limit
California
- Accrual: 1 hour per 30 hours worked (or front-loaded 5 days/40 hours)
- Cap: 40 hours/year minimum accrual; 80 hours accrual cap
- Eligible uses: Employee or family member illness, preventive care, domestic violence
- Note: Some cities (San Francisco, Los Angeles, San Diego) have additional requirements
Colorado
- Accrual: 1 hour per 30 hours worked
- Cap: 48 hours/year
- Eligible uses: Illness, preventive care, family member care, public health emergency, domestic violence/sexual assault
- Note: Colorado also has the FAMLI program (see PFML section below)
Connecticut
- Accrual: 1 hour per 40 hours worked
- Cap: 40 hours/year
- Applies to: Employers with 25+ employees (expanded from the original 50+ threshold)
- Eligible uses: Illness, injury, domestic violence, mental health
Maryland
- Accrual: 1 hour per 30 hours worked
- Cap: 40 hours/year; 64-hour carryover cap
- Applies to: Employers with 15+ employees must provide paid sick leave; under 15 must provide unpaid
- Eligible uses: Employee or family illness, preventive care, domestic violence, maternity/paternity
Massachusetts
- Accrual: 1 hour per 30 hours worked
- Cap: 40 hours/year
- Applies to: All employers (11+ employees must pay; under 11 can offer unpaid)
- Eligible uses: Illness, medical appointments, domestic violence
Michigan
- Accrual: 1 hour per 35 hours worked
- Cap: 40 hours/year (small employers); 72 hours/year (large employers)
- Applies to: All employers with 1+ employees
- Eligible uses: Employee or family member health, domestic violence, school meetings
Minnesota
- Accrual: 1 hour per 30 hours worked
- Cap: 48 hours/year
- Applies to: All employers
- Eligible uses: Employee or family health, safety leave, closure of workplace or school/childcare
- Note: Minnesota’s PFML program also launches in 2026
New Jersey
- Accrual: 1 hour per 30 hours worked
- Cap: 40 hours/year
- Applies to: All employers
- Eligible uses: Employee or family health, school conferences, domestic violence
New Mexico
- Accrual: 1 hour per 30 hours worked
- Cap: 64 hours/year
- Applies to: All employers with 1+ employees
- Eligible uses: Health conditions, medical care, meetings related to child’s health or disability, domestic violence
New York
- Accrual: 1 hour per 30 hours worked
- Cap: 40-56 hours/year (based on employer size)
- Applies to: All employers
- Eligible uses: Physical/mental illness, injury, health condition, domestic violence, human trafficking
- Note: NYC has additional requirements for employers with 5+ employees
Oregon
- Accrual: 1 hour per 30 hours worked (or front-loaded 40 hours)
- Cap: 40 hours/year
- Applies to: All employers (10+ must pay; under 10 can offer unpaid, except Portland: 6+)
- Eligible uses: Employee or family health, domestic violence, public health emergency
Rhode Island
- Accrual: 1 hour per 35 hours worked
- Cap: 40 hours/year
- Applies to: Employers with 18+ employees
- Eligible uses: Employee or family illness, domestic violence, school meetings
Vermont
- Accrual: 1 hour per 52 hours worked
- Cap: 40 hours/year
- Applies to: All employers
- Eligible uses: Employee or family illness, medical appointments, care for family member
Washington
- Accrual: 1 hour per 40 hours worked
- Cap: No annual accrual cap (but employers can cap carryover at 40 hours)
- Applies to: All employers
- Eligible uses: Employee or family health, domestic violence, public health closures
- Note: Washington also has a separate PFML program
Washington D.C.
- Accrual: 1 hour per 37 hours worked (varies by employer size)
- Cap: 3-7 days/year depending on employer size
- Applies to: All employers
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States With Paid Family and Medical Leave Programs
These state-run insurance programs provide extended wage replacement. They’re typically funded through payroll deductions from employees (and sometimes employers).
California (CA PFL)
- Duration: Up to 8 weeks
- Wage replacement: ~60-70% of weekly wages
- Funded by: Employee payroll deductions
- Covers: Bonding with new child, caring for seriously ill family member, military exigency
Colorado (FAMLI)
- Duration: Up to 12 weeks (16 weeks for pregnancy/childbirth complications)
- Wage replacement: Up to 90% of average weekly wage (sliding scale)
- Funded by: 50/50 employer/employee payroll premiums
- Covers: Serious health condition, new child bonding, family member care, military exigency, domestic violence
Connecticut (CT PFML)
- Duration: Up to 12 weeks (plus 2 additional weeks for pregnancy complications)
- Wage replacement: Up to 95% of wages (tiered formula)
- Funded by: Employee payroll deductions (0.5% of wages)
- Covers: Own serious health, new child bonding, family care, military exigency, organ/bone marrow donation
Delaware (NEW in 2026)
- Duration: Up to 12 weeks
- Wage replacement: Up to 80% of average weekly wage
- Funded by: Employer and employee contributions (beginning 2025; benefits payable starting 2026)
- Covers: Parental leave, family caregiving, medical leave
- Applies to: Employers with 10+ employees (parental), 25+ employees (medical/caregiving)
Maine (NEW in 2026)
- Duration: Up to 12 weeks
- Wage replacement: Up to 90% of average weekly wage (tiered)
- Funded by: 50/50 employer/employee payroll contributions (1% of wages total)
- Covers: Own health, new child bonding, family care, military exigency, domestic violence
- Applies to: All employers with 1+ employee; benefits payable starting May 2026
Maryland (FAMLI)
- Duration: Up to 12 weeks
- Wage replacement: Up to 90% of state average weekly wage
- Funded by: Shared employer/employee payroll contributions
- Covers: Own serious health, parental leave, family care, military exigency
Massachusetts (MA PFML)
- Duration: Up to 20 weeks (medical) + 12 weeks (family); 26 weeks combined max
- Wage replacement: Up to 80% of average weekly wage (tiered)
- Funded by: Payroll contributions (employer/employee split for 25+ employers)
- Covers: Own serious health, new child bonding, family care, military exigency, domestic violence
Minnesota (NEW in 2026)
- Duration: Up to 12 weeks per benefit type; 20 weeks combined maximum
- Wage replacement: Up to 90% of state average weekly wage (tiered)
- Funded by: Payroll premiums split between employer and employee
- Covers: Own serious health, new child bonding, family care, safety leave, qualifying military exigency
- Benefits start: January 1, 2026
New Jersey (NJ FLI)
- Duration: Up to 12 weeks (consecutive or intermittent)
- Wage replacement: Up to 85% of average weekly wage
- Funded by: Employee payroll deductions
- Covers: New child bonding, family member care, domestic/sexual violence
New York (NY PFL)
- Duration: Up to 12 weeks
- Wage replacement: 67% of average weekly wage (capped at state average)
- Funded by: Employee payroll deductions
- Covers: New child bonding, family care, military exigency
Oregon (PFMLI)
- Duration: Up to 12 weeks (plus 2 for pregnancy)
- Wage replacement: Up to 100% of average weekly wage (tiered)
- Funded by: 60% employee / 40% employer payroll contributions
- Covers: Own serious health, new child bonding, family care, safe leave
Rhode Island (TCI)
- Duration: Up to 6 weeks (caregiver); 30 weeks (own disability)
- Wage replacement: ~60% of average weekly wage
- Funded by: Employee payroll tax (TDI/TCI)
- Covers: New child bonding, family care, own temporary disability
Washington (WA PFML)
- Duration: Up to 12 weeks (medical or family); 16-18 weeks combined
- Wage replacement: Up to 90% of average weekly wage (tiered)
- Funded by: Shared employer/employee premiums
- Covers: Own serious health, new child bonding, family care, military exigency, qualifying postnatal complications
What This Means for Employers
If you operate in one state
Know your state’s requirements and build them into your leave policies. The accrual rates, caps, eligible uses, and carryover rules must be reflected in your actual tracking system.
If you have employees in multiple states
This is where it gets complicated. A team with employees in California, New York, and Colorado needs to track three different sick leave accrual rates, three different usage caps, and potentially three different PFML programs. Each employee’s leave entitlements depend on their work location, not your company’s headquarters.
If you’re growing and hiring remotely
Every new state you hire in adds another set of leave requirements. What worked for a 10-person team in one state becomes an compliance challenge at 30 people across five states.
How to Stay Compliant Without Losing Your Mind
Manually tracking different accrual rates, caps, and carryover rules for employees across multiple states is a recipe for errors. The most common mistakes:
- Applying the wrong state’s accrual rate to an employee
- Failing to update policies when state laws change
- Miscalculating carryover or payout amounts
- Not tracking usage separately by leave type
Leave management software automates these calculations and keeps your policies in sync with current laws. Leave Balance lets you create unlimited custom leave policies — one per state if needed — with automatic accrual tracking and real-time balance calculations for every employee.
leave emails? Track your employee's leave with Leave Balance
