Family and Medical Leave Laws for Employees: 50-State Survey
In addition to the federal FMLA, state laws may protect the rights of employees to take family and medical leave. State laws may offer greater protections than the FMLA, such as by covering a broader range of employers and employees or providing a longer period of leave. These laws are growing more widespread, and a few states recently have announced new laws that will take effect in the coming years.
In states that have not enacted their own family and medical leave laws, employees still may have some options when they need to take leave for similar purposes. These may include various types of sick leave, parental leave, pregnancy leave, or adoption leave. State government employees may be entitled to distinctive types of leave, which are not covered in detail here. Local governments also may provide greater protections than states do.
Some states also offer certain types of leave that are similar to family and medical leave but cover more limited purposes. These may include:
- Family military leave: an employee may be entitled to leave when a spouse or another immediate family member is called to active duty
- Domestic violence leave: an employee may be entitled to leave for certain purposes when they have been a victim of a crime such as domestic violence, stalking, or sexual assault, or when a covered family member has been a victim
- Small necessities leave: an employee may be entitled to limited leave for school or child care activities related to their child (occasionally, this leave may be used for a broader range of relatives and purposes)
Click on a state below for information about any family and medical leave laws in that state, as well as related forms of leave that may be available. At the start of each entry, a table lists each type of leave, the maximum amount, and family members who may be covered.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
Alabama
Alaska has not enacted a family and medical leave law for the private sector, or any similar type of law. FMLA leave may be available to qualifying employees of covered employers. State employees are covered by a family and medical leave law specific to them.
Alaska
Alaska has not enacted a family and medical leave law for the private sector, or any similar type of law. FMLA leave may be available to qualifying employees of covered employers. State employees are covered by a family and medical leave law specific to them.
Arizona
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Paid sick leave (Arizona Revised Statutes Section 23-373) | 40 hours per year (24 hours for employers with fewer than 15 employees) | Child, child of spouse/domestic partner, parent, parent of spouse/domestic partner, spouse, domestic partner, grandparent, grandchild, sibling, grandparent/grandchild/sibling of spouse/domestic partner, any other relative by blood or affinity who has the equivalent of a family relationship |
Arizona has not enacted a general family and medical leave law. However, employees may use paid sick leave to address their own illness, injury, or health condition, and to care for a covered family member with an illness, injury, or health condition. This leave also is available for preventive medical care for an employee or a covered family member. In addition, an employee can use paid sick leave in certain situations involving a public health emergency or exposure to a communicable disease, and in certain situations related to domestic violence, sexual violence, abuse, or stalking affecting the employee or a covered family member. State employees are entitled to additional types of leave.
Arkansas
Arkansas has not enacted a family and medical leave law for the private sector, or any similar type of law. FMLA leave may be available to qualifying employees of covered employers. State employees have access to distinctive types of leave that can be used for related purposes.
California
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family and medical leave (California Government Code Section 12945.2) | 12 weeks in a 12-month period | Child, parent, grandparent, grandchild, sibling, spouse, domestic partner |
| Pregnancy disability leave (§ 12945) | 4 months | N/A |
| Military family leave (California Military and Veterans Code Section 395.10) | 10 days | Spouse |
| Crime victim leave (California Labor Code Section 230; § 230.1) | Unspecified | Child, child of spouse/domestic partner, parent, parent of spouse/domestic partner, spouse, domestic partner, sibling, or anyone who has the equivalent of these relationships |
| Small necessities leave (§ 230.8) | 40 hours per year | Child |
| Paid sick leave (§ 246.5) | 24 hours (3 days) per year | Child, parent, parent of spouse/domestic partner, spouse, domestic partner, grandparent, grandchild, sibling |
The California family and medical leave law applies to employers with five or more employees, as well as all public employers. To qualify, an employee must have more than 12 months of service with the employer and at least 1,250 hours of service with the employer during the previous 12-month period. Qualifying reasons include the birth or placement of a child, caring for a relative with a serious health condition, a need to address an employee’s serious health condition, and an exigency related to the military active duty or call to active duty of a spouse, domestic partner, child, or parent of the employee. Under a related law, an employee is entitled to leave when they are disabled by pregnancy, childbirth, or a related medical condition.
In addition, a California military family leave law covers employers with 25 or more employees, and it applies to employees who work for at least 20 hours per week. This law provides leave when a military spouse of an employee is on leave from deployment during a period of military conflict.
An employer must allow an employee to take time off for certain purposes when they have been a victim of stalking, domestic violence, sexual assault, or certain other crimes, or if a covered family member is deceased as a result of a crime. This includes seeking a restraining order or other injunctive relief to protect the safety of the employee or their child. Moreover, an employer with 25 or more employees must allow an employee who is a victim to take time off from work for medical attention, psychological counseling, mental health services, safety planning, and certain other activities related to the crime or abuse.
An employer with 25 or more employees at the same location must allow an employee with a child to use small necessities leave to participate in certain child-related activities involving school or child care, or to address a child care provider or school emergency.
Finally, California employers generally are required to provide paid sick leave to employees to address a health condition of an employee or a covered family member, or obtain preventive care for an employee or a covered family member. This leave is also available for employees who have experienced domestic violence, sexual assault, or stalking for the same purposes as those described in the domestic violence leave law.
Colorado
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Domestic violence leave (Colorado Revised Statutes Section 24-34-402.7) | 3 days in a 12-month period | Children |
| Paid sick leave (§ 8-13.3-404) | 48 hours per year | Person related by blood/marriage/civil union/adoption (and certain others provided by § 8-13.3-402) |
While Colorado currently does not have its own family and medical leave law, a state law extends FMLA leave based on caring for a relative with a serious health condition to domestic partners and partners in civil unions. FMLA leave taken by an employee under this law runs concurrently with leave taken under the FMLA. Protections will expand in 2024 under a new law that will provide most employees with 12 weeks of leave for family and medical reasons, as well as four additional weeks of leave for employees who have a serious health condition related to pregnancy or childbirth. The law also will contain provisions related to military family leave and domestic violence leave.
In the meantime, a domestic violence leave law covers employers with 50 or more employees, and it applies to employees who have been employed with the employer for 12 months or more. An employee who has been a victim of domestic abuse, stalking, sexual assault, or a crime involving domestic violence may take leave to protect themselves by seeking a civil protection order, improving the safety of their home or relocating to a new home, getting medical care or counseling for the employee or their children, or seeking related legal assistance and attending court proceedings.
An employee also can use paid sick leave for purposes similar to family and medical leave. These include addressing an illness, injury, or health condition of the employee or a covered family member, getting preventive medical care for the employee or a covered family member, or taking certain steps when the employee or a covered family member has been a victim of domestic abuse, sexual assault, or harassment.
If a Colorado employer has established a policy providing time off for biological parents after the birth of a child, state law requires this period of time to be the minimum period of leave available for adoptive parents.
Connecticut
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family and medical leave (Connecticut General Statutes Section 31-51ll) | 12 weeks in a 12-month period (2 additional weeks in a 12-month period for serious health condition resulting in incapacitation during pregnancy) | Spouse, sibling, son or daughter, grandparent, grandchild, parent, or the equivalent |
| Military family leave (§ 31-51ll(i)) | 26 weeks in a 12-month period | Spouse, child, parent, next of kin |
| Family violence leave (§ 31-51ss) | 12 days per year | Not specified |
| Paid sick leave for service workers (§ 31-57t) | 40 hours per year | Child, spouse |
| Pregnancy disability leave (§ 46a-60) | “Reasonable” | N/A |
The Connecticut family and medical leave law applies to employers of all sizes. To qualify, an employee must have been employed by the employer for at least three months preceding their request for leave. Qualifying reasons include the birth of a child, the placement of a child for adoption or foster care, caring for a relative with a serious health condition, caring for the employee’s serious health condition, serving as an organ or bone marrow donor, or addressing an exigency related to the active military duty of a spouse, child, or parent.
A sub-section of the family and medical leave law provides for military family leave when a covered family member who is a current member of the armed forces has suffered a serious injury or illness in the line of duty.
In addition, a family violence leave law covers employers with three or more employees. An employee is entitled to leave under this law when it is necessary to seek medical care or psychological counseling related to the family violence, get services from a victim services organization, relocate due to family violence, or participate in related civil or criminal proceedings.
A Connecticut paid sick leave law allows a service worker to use this leave to address an illness, injury, or health condition or get preventive medical care, or to address an illness, injury, or health condition of a covered family member or get preventive medical care for them. A service worker also can use this leave for purposes parallel to those described in the family violence leave law above, as well as the same purposes related to sexual assault. This law applies to employers with 50 or more employees.
Finally, the Connecticut anti-discrimination law provides that an employer with three or more employees cannot refuse to grant a reasonable leave of absence to an employee for a pregnancy-related disability.
Delaware
In 2022, Delaware passed a law requiring private employers with 10 or more employees to provide 12 weeks of paid family and medical leave, but benefits will not take effect until 2026. Until then, FMLA leave may be available to qualifying employees of covered employers. State employees have access to distinctive types of leave that can be used for related purposes.
Florida
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Domestic violence leave (Florida Statutes Section 741.313) | 3 days in a 12-month period | See § 741.28 |
Florida does not have a family and medical leave law, other than a limited provision for state employees. However, Florida has enacted a domestic violence leave law, which covers employers with 50 or more employees and applies to an employee who has been employed by the employer for at least three months. The law allows an employee to take leave if they have been a victim of domestic violence or sexual violence, or if a family or household member of the employee has been a victim. Qualifying purposes include seeking an injunction for protection, getting medical or mental health counseling, getting services from a victim services organization, securing a home, or getting legal assistance and attending court proceedings.
Georgia
Georgia does not have a family and medical leave law, other than a limited provision for state employees. However, when an employer with 25 or more employees provides sick leave, state law requires the employer to allow an employee to use five days of earned sick leave per year to care for an immediate family member. These include a child, spouse, grandchild, grandparent, parent, or dependent on the employee’s most recent tax return. An employee must work for at least 30 hours per week to qualify for this protection. FMLA leave may be available to qualifying employees of covered employers.
Hawaii
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family leave (Hawaii Revised Statutes Section 398-3) | 4 weeks in a calendar year | Child, spouse, reciprocal beneficiary, sibling, grandchild, parent, grandparent, parent-in-law, grandparent-in-law |
| Pregnancy disability leave (Hawaii Administrative Rules Section 12-46-108) | “Reasonable period of time” (per doctor) | N/A |
| Victim leave (Hawaii Revised Statutes Section 378-72) | 30 days per year (5 days per year if employer has 49 or fewer employees) | Minor child |
The Hawaii family leave law generally applies to employers with 100 or more employees. To be eligible, an employee must have worked for six consecutive months for the employer. Qualifying reasons for leave include the birth or adoption of a child, as well as caring for a relative with a serious health condition. State regulations also provide for pregnancy disability leave involving pregnancy, childbirth, and related medical conditions.
In addition, Hawaii provides for leave if an employee or their minor child has been a victim of domestic or sexual violence. Qualifying purposes under this law include seeking medical attention, getting psychological counseling, relocating, getting services from a victim services organization, or taking legal action in various ways.
Idaho
Idaho does not have a family and medical leave law, although state law contains certain provisions related to FMLA leave for state employees. FMLA leave may be available to qualifying employees of covered employers. State employees have access to distinctive types of leave that can be used for related purposes.
Illinois
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family military leave (820 Illinois Compiled Statutes Section 151/10) | 15-30 days | Spouse, child, parent, grandchild |
| Domestic violence leave (§ 180/20) | 4-12 weeks in a 12-month period | Spouse, parent, grandparent, child, grandchild, sibling, party to a civil union, certain other persons identified by § 180/10(12) |
| School conference and activity leave (§ 147/15) | 8 hours per school year (4-hour daily maximum) | Child |
Illinois does not have a generally applicable family and medical leave law, although leave is available to state employees who need to meet a bona fide family responsibility. Meanwhile, the Family Military Leave Act provides unpaid leave to employees of private employers with 15 or more employees when a covered family member is called to military service for more than 30 days. The leave lasts for 30 days when the employer has more than 50 employees, and 15 days for smaller employers.
Illinois also provides leave to an employee who is a victim of domestic violence, sexual violence, gender violence, or other violent crimes, or who has a family or household member who is a victim of one of these crimes. They may take leave if they are experiencing an incident of one of these crimes or to address one of these crimes by steps such as seeking medical attention, getting services from a victim services organization, getting psychological counseling, relocating or participating in safety planning, or seeking legal assistance or remedies. This leave may last for 12 weeks in a 12-month period if the employer employs at least 50 employees, for eight weeks if the employer employs 15-49 employees, and for four weeks if the employer employs 14 or fewer employees.
Finally, the School Visitation Rights Act provides school conference and activity leave. To be eligible, an employee must have worked for their employer for at least six consecutive months and meet certain requirements related to weekly working hours. This leave allows an employee to attend school conferences, behavioral meetings, or academic meetings related to their child.
Indiana
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family military leave (Indiana Code Section 22-2-13-11) | 10 working days per year | Spouse, child, grandchild, parent, sibling |
Indiana does not have a generally applicable family and medical leave law, although state employees may receive leave for an illness in some cases. Meanwhile, a family military leave law covers employers with at least 50 employees and applies to employees who have been employed by an employer for at least 12 months and have worked for at least 1,500 hours during the 12-month period preceding the leave. This leave must be taken during a period in which the family member ordered to active duty is on leave, or during the 30 days before or after the active duty orders are in effect.
Iowa
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Pregnancy leave (Iowa Code Section 216.6) | 8 weeks | N/A |
Iowa does not have a generally applicable family and medical leave law, although a state law that essentially mirrors the FMLA applies to state employees. The Iowa Civil Rights Act, which covers employers with four or more employees, provides unpaid leave for pregnancy, childbirth, and related disabilities. FMLA leave may be available to qualifying employees of covered employers.
Kansas
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Domestic violence leave (Kansas Statutes Section 44-1132) | 8 days per year | Child |
Kansas does not have a generally applicable family and medical leave law, although it has a limited provision for state employees. Meanwhile, Kansas allows employees who have been victims of domestic violence or sexual assault to take leave for certain related purposes. These include seeking restraining orders or other relief, getting medical attention, getting services from a domestic violence program or shelter, and making court appearances. FMLA leave may be available to qualifying employees of covered employers.
Kentucky
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Adoption leave (Kentucky Revised Statutes Section 337.015) | 6 weeks | N/A |
Kentucky does not have a generally applicable family and medical leave law. Private employers must allow an employee to take leave for the placement of an adopted child who is under 10 years old. FMLA leave may be available to qualifying employees of covered employers. State employees may have distinctive options for leave.
Louisiana
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| School activities leave (Louisiana Revised Statutes Section 23:1015.2) | 16 hours in a 12-month period | Dependent child |
| Pregnancy disability leave (§ 23:342) | 6 weeks to 4 months | N/A |
Louisiana does not have a generally applicable family and medical leave law. However, the School and Day Care Conference and Activities Leave Act provides leave for conferences or classroom activities related to an employee’s child that are conducted at their school or day care center. A pregnancy disability leave law requires employers with more than 25 employees to provide six weeks of leave for a normal pregnancy and childbirth, or potentially up to four months for an employee who is disabled due to pregnancy, childbirth, or related conditions.
Maine
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family and medical leave (26 Maine Revised Statutes Section 844) | 10 weeks in a 2-year period | Child, grandchild, parent, domestic partner, sibling, spouse, child or grandchild of domestic partner |
| Family military leave (§ 814) | 15 days per deployment | Spouse, domestic partner, child |
| Domestic violence leave (§ 850) | “Reasonable and necessary” | Child, parent, spouse |
| Earned paid leave (§ 637) | 40 hours accrued per year; no explicit limit on use | Unspecified |
| Family sick leave (§ 636) | 40 hours in a 12-month period | Child, spouse, parent |
The Maine family and medical leave law covers employees who have been employed by the same employer for 12 consecutive months, except those employed at a permanent work site with fewer than 15 employees. An employee must provide at least 30 days’ notice if possible. Qualifying reasons include a serious health condition of the employee, the birth of their child or the child of their domestic partner, the adoption of a child (16 or younger) by the employee or their domestic partner, a serious health condition of a covered family member, and the death or serious health condition of a spouse, domestic partner, parent, sibling, or child of the employee while on active military duty.
In addition, employers with 15 or more employees must provide family military leave during the 15-day period immediately before or after deployment, or during deployment if the military member receives leave. To qualify, an employee must have been employed by the same employer for at least 12 months and have provided at least 1,250 hours of service during the 12 months preceding the leave.
An employer also must provide leave when an employee or a covered family member has been a victim of violence, assault, sexual assault, or stalking. Purposes for this leave include court proceedings, medical treatment, and services to remedy a crisis.
Maine requires employers with more than 10 employees for more than 120 days in a calendar year to provide earned paid leave. The statute does not specify reasons for using this leave, and the Maine Department of Labor states that it may be used for any reason, including an emergency, illness, sudden necessity, or planned vacation. An employer may prevent an employee from taking this leave until they have been employed by the employer for 120 days in a one-year period.
A Maine employer with 25 or more employees that provides paid leave under the terms of a collective bargaining agreement or employment policy must allow an employee to use that leave for the care of a covered family member. This is known as family sick leave.
Maryland
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Parental leave (Maryland Labor and Employment Code Section 3-1202) | 6 weeks in a 12-month period | Child |
| Flexible leave (§ 3-802) | Unspecified | Child, spouse, parent |
| Sick and safe leave (§ 3-1305) | 64 hours per year (accrual capped at 40 hours per year) | Child, parent, spouse, grandparent, grandchild, sibling, parent-in-law |
| Family military leave (§ 3-803) | 1 day | Spouse, parent, child, sibling |
The Maryland parental leave law covers employers with 15-49 employees and employees who have been employed by that employer for at least 12 months and for at least 1,250 hours during the 12 months before the leave. Qualifying reasons include the birth of a child or the placement of a child with the employee for adoption or foster care. This leave may be unpaid, but an employer that provides paid parental leave must provide the same amount of leave to adoptive parents as to biological parents.
Also, the Flexible Leave Act allows an employee to use earned paid leave to care for an immediate family member who is ill under the same conditions and rules that would apply if the employee took leave for their own illness. This law applies only to employers with 15 or more employees, and only to employers that already provide paid leave.
A law on “sick and safe leave” allows an employee to use this leave to care for a family member with an illness or injury, to care for their own illness or injury, to get preventive medical care for a family member or the employee, for maternity or paternity leave, and in certain situations involving domestic violence, sexual assault, or stalking. This leave is paid for employers with 15 or more employees.
People who work for employers with 50 or more employees (and meet the family leave eligibility requirements) are entitled to leave on the day when an immediate family member is leaving for or returning from active military duty outside the U.S.
Massachusetts
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family and medical leave (Massachusetts General Laws Chapter 175m, Section 2) | 12 weeks per year of family leave (26 weeks if caring for a covered servicemember); 20 weeks per year of medical leave; no more than 26 total weeks per year of family and medical leave | Spouse, domestic partner, child, parent, parent of a spouse or domestic partner, grandchild, grandparent, sibling |
| Parental leave (Chapter 149, Section 105d) | 8 weeks | Child |
| Small necessities leave (Ch. 149, § 52d) | 24 hours in a 12-month period | Child, elderly relative (by blood or marriage) |
| Domestic violence leave (Ch. 149, § 52e) | 15 days in a 12-month period | Spouse, parent, child, sibling, grandparent, grandchild, person with child in common, person dating or engaged to the employee and residing with the employee |
| Earned sick time (Ch. 149, § 148c) | 40 hours per calendar year | Child, spouse, parent, parent of spouse |
The Massachusetts family and medical leave law allows an employee to take family leave to bond with a child during the first 12 months after their birth or placement for adoption or foster care, to care for a family member with a serious health condition, to care for a family member who is a covered servicemember, or to handle a qualifying exigency involving the active military duty of a family member. Medical leave is available to an employee with a serious health condition that makes them unable to perform the functions of their position.
In addition, an employee who has been employed by the same employer for at least three consecutive months can receive parental leave for childbirth or the placement for adoption of a child under 18. This law covers employers with six or more employees.
A small necessities leave law allows employees who qualify under the federal FMLA to take leave to participate in school activities related to the education of their child, or to accompany a child or an elderly relative (age 60 or older) to medical or dental appointments.
Employees of businesses with 50 or more employees may take leave if an employee or their family member has been a victim of abusive behavior, and they need the leave for certain related purposes.
Massachusetts also provides earned sick time to employees, which is paid if the employer has 11 or more employees. Qualifying reasons for earned sick time include caring for a medical condition of the employee or a covered family member, attending routine medical appointments for the employee or a covered family member, or addressing the effects of domestic violence.
Michigan
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Paid medical leave (Michigan Compiled Laws Section 408.964) | 40 hours per benefit year | Child, parent, spouse, grandparent, grandchild, sibling, parent-in-law |
The Michigan paid medical leave law covers employers with 50 or more employees. Eligible employees generally include people from whom an employer is required to withhold for federal income tax purposes, although there are several exceptions. Reasons to use paid medical leave include an illness of the employee, an illness of a family member, issues related to domestic violence or sexual assault against the employee or their family member, or various issues related to public health emergencies or exposure to communicable diseases.
Minnesota
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Pregnancy and parenting leave (Minnesota Statutes Section 181.941) | 12 weeks | Child |
| School conference and activities leave (§ 181.9412) | 16 hours in a 12-month period | Child |
| Earned sick and safe time (§ 181.9447) | 48 hours accrued per year (may be used as accrued) | Child, spouse or domestic partner, sibling, parent, grandchild, grandparent, niece/nephew, aunt/uncle, various in-laws, 1 additional designated person |
| Military sendoff or homecoming (§ 181.948) | 1 day per year | Grandparent, parent, sibling, child, grandchild, fiance(e), spouse |
| Injury or death of military family member (§ 181.947) | 10 working days | Parent, child, grandparent, sibling, spouse |
The Minnesota pregnancy and parenting leave law generally covers employers with 21 or more employees in at least one site, and it protects employees who have worked for the employer for at least 12 months before the request for leave and who meet certain other requirements related to weekly working hours. This leave is generally limited to situations related to pregnancy, childbirth, and adoption.
A school conference and activities leave law applies to all employers. This law also provides leave for conferences and activities involving child care and pre-kindergarten programs, including special education programs.
In 2024, Minnesota enacted a new earned sick and safe time law. This provides leave to address an illness, injury, or health condition of an employee or a qualifying family member, as well as a need for medical diagnosis, care, or treatment, or a need for preventive medical or health care. It also applies to various non-medical purposes, such as certain absences related to domestic abuse, sexual assault, or stalking of the employee or a qualifying family member. The law applies to employers of all sizes and generally covers employees who perform work for at least 80 hours in a year for an employer in Minnesota.
Minnesota also provides two types of military family leave. One of these covers the sendoff or homecoming ceremony of a covered family member who has been ordered into active service in the armed forces. If a covered family member has been injured or killed in active service, a separate type of leave is available.
Mississippi
Mississippi has not enacted a family and medical leave law for the private sector, or any similar type of law. FMLA leave may be available to qualifying employees of covered employers. State employees have access to distinctive types of leave that can be used for related purposes.
Missouri
Missouri has not enacted a family and medical leave law for the private sector, or any similar type of law. FMLA leave may be available to qualifying employees of covered employers. State employees have access to distinctive types of leave that can be used for related purposes.
Montana
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Pregnancy leave (Montana Code Section 49-2-310) | “Reasonable” | N/A |
Montana has not enacted a family and medical leave law for the private sector, but the Montana Human Rights Act provides that an employee is entitled to a reasonable leave of absence for pregnancy. State employees are entitled to distinctive types of leave. FMLA leave may be available to qualifying employees of covered employers.
Nebraska
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family military leave (Nebraska Revised Statutes Section 55-503) | 15-30 days | Spouse, child |
Nebraska has not enacted a general family and medical leave law, although state employees are entitled to family and medical leave. However, employers with 15-50 employees must provide 15 days of family military leave while federal or state deployment orders are in effect, while larger employers must provide 30 days of this leave. The service member must be called to military service for at least 179 days.
In addition, Nebraska requires employers that allow an employee to take a leave of absence for the birth of a child to allow a new adoptive parent to take the same leave on the same terms.
Nevada
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| School activities leave (Nevada Revised Statutes Section 392.4577) | 4 hours per school year | Child |
| Domestic violence leave (§ 608.0198) | 160 hours in a 12-month period | Spouse, domestic partner, minor child, parent or adult within the first degree of consanguinity or affinity, adult residing with employee |
| Paid leave (§ 608.0197) | 40 hours per benefit year | Unspecified |
Nevada has not enacted a general family and medical leave law, but it provides certain other types of leave. The state provides leave for parents, guardians, or custodians of children in public schools to attend parent-teacher conferences, school-related activities, and school-sponsored events, or to volunteer at the school. This law applies only to employers with 50 or more employees.
Meanwhile, a domestic violence leave law applies to all employers, although the employee must have been employed for at least 90 days. Qualifying reasons for this leave include treating a health condition related to domestic violence, getting counseling or assistance, participating in court proceedings, and establishing a safety plan.
Nevada also requires employers with 50 or more employees to provide paid leave. Reasons for taking this leave are not specified but presumably include illnesses. An employer in the private sector must allow an employee to use this leave beginning on the 90th calendar day of their employment, and the employee does not need to provide a reason for using the leave.
In 2021, Nevada passed a law to provide that an employer that provides paid or unpaid sick leave to employees must allow an employee to use accrued sick leave to assist an immediate family member with an illness, injury, or other medical need under the same conditions that would apply to the employee taking this leave. However, an employer can limit the sick leave used for these purposes to the amount of sick leave that the employee accrues during a six-month period.
New Hampshire
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Pregnancy leave (New Hampshire Revised Statutes Section 354-A:7) | “Period of temporary physical disability” | N/A |
New Hampshire has not enacted a general family and medical leave law. A pregnancy disability leave law generally applies to employers with six or more employees, covering leave related to pregnancy, childbirth, or related medical conditions. FMLA leave may be available to qualifying employees of covered employers. State employees may be entitled to distinctive types of leave.
New Jersey
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family leave (New Jersey Revised Statutes Section 34:11B-4) | 12 weeks in a 24-month period | Child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, domestic partner, partner in a civil union couple, any other blood relative, any other person who has a close association equivalent to a family relationship with the employee |
| SAFE Act leave (§ 34:11C-3) | 20 days in a 12-month period | Child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, domestic partner, partner in a civil union couple, any other blood relative or person with close association |
| Earned sick leave (§ 34:11D-3) | 40 hours per benefit year | Child, grandchild, sibling, spouse, domestic partner, civil union partner, parent, grandparent, spouse/domestic partner/civil union partner of parent/grandparent, sibling of spouse/domestic partner/civil union partner, any other blood relative or person with close association |
The New Jersey family leave law applies to employers with 30 or more employees, and it covers employees who have been employed for at least 12 months by the employer and who have worked for at least 1,000 base hours during the preceding 12-month period. Qualifying reasons to take the leave include the birth, adoption, or foster care placement of a child, the serious health condition of a family member, or certain situations related to a state of emergency or an epidemic.
In addition, the New Jersey SAFE Act provides leave when an employee or a family member has been a victim of domestic violence or a sexually violent offense. Potential reasons for taking this leave include getting medical attention, getting counseling or victim services, participating in safety planning or relocating, and seeking legal assistance or participating in legal proceedings. The SAFE Act applies to employers with 25 or more employees.
Finally, New Jersey provides earned sick leave for certain reasons. These include a health condition of the employee or a covered family member, preventive medical care for the employee or a covered family member, certain circumstances related to domestic or sexual violence experienced by the employee or a covered family member, certain circumstances related to public health emergencies or exposure to communicable diseases, and time needed to attend certain school-related events related to a child of the employee.
New Mexico
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Earned sick leave (New Mexico Statutes Section 50-17-3) | 64 hours per 12-month period | Child, parent, grandparent, grandchild, sibling, spouse, domestic partner, spouse/domestic partner of family member, person whose close association is equivalent to a family relationship; same relatives with respect to employee’s spouse or domestic partner |
| Domestic violence leave (§ 50-4A-3) | 14 days in a year (8 hours in a day) | Minor child |
New Mexico recently enacted a Healthy Workplaces Act, which has taken effect as of July 2022. The law applies to employers of all sizes, and it requires that employees must accrue at least one hour of earned sick leave for every 30 hours worked. Qualifying reasons for leave include an illness or injury of the employee or a family member, preventive medical care for the employee or a family member, school meetings related to the health or disability of a child of the employee, and certain reasons related to domestic abuse, sexual assault, or stalking experienced by the employee or a family member.
In addition, New Mexico has a separate law for domestic violence leave. This allows an employee to take leave for reasons related to the domestic abuse of the employee or their family member. These include seeking an order of protection, meeting with law enforcement officials or attorneys, and attending court proceedings.
New York
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Paid family leave (New York Workers' Compensation Law Section 204) | 12 weeks in a 52-week period | Child, parent, grandparent, grandchild, spouse, domestic partner (and sibling as of 2023) as defined in § 201 |
| Sick leave (Labor Law Section 196-B) | 40-56 hours per year (details below) | Child, spouse, domestic partner, parent, sibling, grandchild, grandparent, child or parent of spouse or domestic partner |
| Military family leave (§ 202-I) | 10 days | Spouse |
The New York paid family leave law covers employers of all sizes and applies to employees who have worked for their employer for 26 weeks. Their pay during leave generally equals 67 percent of their average weekly wage. Qualifying reasons include participating in providing care for a family member of the employee made necessary by a serious health condition, as well as bonding with a child within 12 months after their birth, adoption, or foster care placement. Paid leave also may be available for qualifying exigencies related to the active military duty of the spouse, domestic partner, child, or parent of the employee.
The New York sick leave law permits taking this leave for reasons broader than the illness of an employee. Qualifying reasons include an illness or injury of the employee or their family member, as well as various reasons for absence when the employee or their family member has been a victim of domestic violence, a family offense, a sexual offense, stalking, or human trafficking. Employers with 100 or more employees must provide 56 hours of paid sick leave per year, while employers with 5-99 employees must provide 40 hours of paid sick leave per year. Smaller employers generally must provide 40 hours of unpaid sick leave.
New York also has enacted a military family leave law that covers employers with 20 or more employees. This is available to an employee if their spouse is a service member who is on leave from the military while deployed during a period of military conflict to a combat theater or zone of operations.
North Carolina
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| School activities leave (North Carolina General Statutes Section 95-28.3) | 4 hours per year | Child |
| Domestic violence leave (§ 50B-5.5) | “Reasonable” | Minor child |
North Carolina has not enacted a general family and medical leave law. However, an employee is entitled to take leave to attend or be involved at the school of their child. Although the state does not provide a specific amount of domestic violence leave, an employer cannot fire or otherwise discriminate against an employee for taking reasonable time off from work to seek an order of protection for the employee or their minor child.
North Dakota
North Dakota has not enacted a general family and medical leave law for the private sector, or any similar law. FMLA leave may be available to qualifying employees of covered employers. State employees are entitled to family leave.
Ohio
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Military family leave (Ohio Revised Code Section 5906.02) | 10 days or 80 hours per year (whichever is less) | Spouse, child |
Ohio has not enacted a general family and medical leave law. However, a military family leave law covers employers with 50 or more employees. An employee must have worked for the employer for at least 12 consecutive months and for at least 1,250 hours in the 12 months before the leave. They can take this leave if a covered family member is called to active military duty for longer than 30 days, or has been injured, wounded, or hospitalized on active military duty. Also, the employee must have no other leave available except for sick leave or disability leave. State employees may be entitled to distinctive types of leave.
Oklahoma
Oklahoma has not enacted a general family and medical leave law, although state employees are entitled to leave that essentially parallels FMLA leave. FMLA leave may be available to qualifying employees of covered employers.
Oregon
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family leave (Oregon Revised Statutes Section 659A.162) | Generally 12 weeks in a 1-year period | Spouse, parent, child, grandparent, grandchild, parent-in-law |
| Domestic violence leave (§ 659A.272) | “Reasonable” | Minor child or dependent |
| Military family leave (§ 659A.093) | 14 days per deployment (included in the 12 weeks of family leave) | Spouse |
| Sick leave (§ 653.616) | 40 hours per year | Spouse, parent, child, grandparent, grandchild, parent-in-law |
The Oregon family leave law covers employers with 25 or more employees, and it generally applies to employees who were employed by the employer for at least 180 days before the start of the leave. Qualifying reasons for leave include childbirth, adoption, foster care placement, treatment or recovery involving a serious health condition of the employee, care for a covered family member with a serious health condition, care for a child of the employee with a condition that requires home care (but not if another family member can care for the child), or the death of a covered family member.
Leave for the death of a family member is limited to two weeks for each deceased family member. An employee who takes 12 weeks of leave in a one-year period for childbirth, adoption, or foster care placement may take an additional 12 weeks in the one-year period to care for a child who requires home care. An employee who takes 12 weeks of family leave may take an additional 12 weeks in the one-year period for a disabling condition of the employee related to pregnancy or childbirth.
In addition, the Oregon domestic violence leave law covers employers with six or more employees, and it applies to employees who are victims of domestic violence, harassment, sexual assault, or stalking, or have a covered family member who is a victim of these behaviors. Qualifying reasons for this leave include participating in civil or criminal legal proceedings related to the conduct, getting medical treatment or recovering from injuries caused by the conduct, getting mental health counseling related to the conduct, getting services from a victim services provider, or relocating or securing a home to ensure health and safety.
Meanwhile, the Oregon military family leave law covers employers with 25 or more employees, and it applies to employees who work for at least 20 hours per week for the employer. This provides unpaid leave after a military spouse has been notified of an impending call or order to active duty and before deployment, and when the military spouse is on leave from deployment.
An employee may use sick leave not only to address their own health condition but also to care for a family member with a health condition, or for any other purpose specified in the general family leave law or the domestic violence leave law, among other reasons. The sick leave law covers virtually all employers and applies to almost all employees, except those who receive paid sick time under federal law. Sick leave is paid when the employer has 10 or more employees, or six or more employees for employers located in Portland.
Pennsylvania
Pennsylvania has not enacted a family and medical leave law for the private sector, or any similar law. State employees may be able to use their sick leave to care for ill family members. FMLA leave may be available to qualifying employees of covered employers.
Rhode Island
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family and medical leave (Rhode Island General Laws Section 28-48-2) | 13 consecutive weeks in 2 calendar years | Parent, spouse, child, mother-in-law, father-in-law |
| School involvement leave (§ 28-48-12) | 10 hours in a 12-month period | Child |
| Family military leave (§ 30-33-3) | 15-30 days | Spouse, child |
| Sick and safe leave (§ 28-57-6) | 40 hours per year | Child, parent, spouse, mother-in-law, father-in-law, grandparent, grandchild, domestic partner, sibling, care recipient, household member |
The Rhode Island family and medical leave law covers employers with 50 or more employees, and it applies to full-time employees who work at least 30 hours per week. Qualifying reasons for this leave include a serious illness of the employee or a covered family member, as well as leave related to childbirth or adoption. A provision in the general family and medical leave law provides for school involvement leave when an employee has been employed by the same employer for 12 consecutive months. School involvement leave may be used to attend school conferences or other school-related activities related to the employee’s child.
In addition, a family military leave law covers employers with 15 or more employees, and it applies to employees who have been employed by the same employer for at least 12 months and for at least 1,250 hours during the 12 months preceding the leave. This leave must last for 15 days if the employer has 15-50 employees, and for 30 days if the employer has more than 50 employees. Family military leave is available when a covered family member of the employee has been called to military service for more than 30 days.
Finally, Rhode Island provides sick and safe leave to address a health condition of the employee or a family member, or time off needed when the employee or a family member is a victim of domestic violence, sexual assault, or stalking. This leave is also available in certain situations related to public health emergencies and exposure to communicable diseases. The sick and safe leave law applies to virtually all employers and employees. An employer with 18 or more employees must provide paid sick and safe leave.
South Carolina
South Carolina has not enacted a family and medical leave law for the private sector, or any similar law. State employees may be entitled to distinctive types of leave for related purposes. FMLA leave may be available to qualifying employees of covered employers.
South Dakota
South Dakota has not enacted a family and medical leave law for the private sector, or any similar law. State employees may be entitled to distinctive types of leave for related purposes. FMLA leave may be available to qualifying employees of covered employers.
Tennessee
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Pregnancy/childbirth/adoption/nursing leave (Tennessee Code Section 4-21-408) | 4 months | N/A |
Tennessee has enacted a limited law that provides leave for pregnancy, childbirth, adoption, and nursing an infant. The law covers employers with 100 or more full-time employees at the job site or location, and it applies to employees who have been employed full-time by the same employer for at least 12 consecutive months.
Texas
Texas has not enacted a general family and medical leave law for the private sector, although it requires employers with 15 or more employees to treat a foster child in the same manner as a biological or adopted child if they provide personal leave to care for a sick child. State employees have additional protections. FMLA leave may be available to qualifying employees of covered employers.
Utah
Utah has not enacted a family and medical leave law for the private sector, or any similar law. FMLA leave may be available to qualifying employees of covered employers. State employees may be entitled to certain distinctive types of leave.
Vermont
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family and medical leave (21 Vermont Statutes Section 472) | 12 weeks in a 12-month period | Child, parent, spouse, parent of spouse |
| Short-term family leave (§ 472a) | 24 hours in a 12-month period (4 hours in a 30-day period) | Child, parent, spouse, parent-in-law |
| Crime victim leave (§ 472c) | Unspecified | See § 495d and 13 Vermont Statutes Section 5301 for crime victim definitions |
| Earned sick time (§ 483) | 40 hours in a 12-month period | Parent, grandparent, spouse, child, brother, sister, parent-in-law, grandchild |
The Vermont family and medical leave law generally covers employers with 10 or more employees for the purposes of parental leave, and employers with 15 or more employees for the purposes of family leave. The law applies to employees who have been continuously employed by the same employer for one year for at least 30 hours per week. An employee may use parental leave during pregnancy, after childbirth, or within a year after the placement of a child for adoption. An employee may use family leave for a serious illness of the employee or a covered family member.
In addition, an employee may use short-term family leave to participate in preschool or school activities related to their child, such as parent-teacher conferences. They also can use this leave to accompany covered family members to medical or dental appointments, or to respond to a medical emergency involving a covered family member.
An employee also may take leave to attend a deposition or court proceeding in certain situations related to their status as a crime victim, or the status of a covered family member as a crime victim. The crime victim leave law covers employers of all sizes and applies to employees who have been continuously employed by the same employer for six months for at least 20 hours per week.
An employee may use their earned sick time not only for their own illness and health care needs but also to care for a covered family member. An employee additionally can use this leave to get medical care or counseling and social or legal services if the employee or a covered family member is a victim of domestic violence, sexual assault, or stalking, or if they need to relocate because of these behaviors. Finally, an employee may use earned sick time to care for a covered family member when the family member’s school or business is closed for public health or safety reasons.
Virginia
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Home health worker sick leave (Code of Virginia Section 40.1-33.5) | 40 hours per year | Child, parent, spouse, parent of spouse, grandparent, grandchild, sibling, person for whom employee is responsible for providing or arranging care, person related by blood or affinity who has equivalent of family relationship with employee |
Virginia has not enacted a general family and medical leave law, although certain home health workers are entitled to paid sick leave that can be used for similar purposes. The home health worker must work for at least 20 hours per week, or 90 hours per month. Qualifying reasons for taking this leave include an illness or injury of the employee or a covered family member, as well as preventive medical care for the employee or a covered family member. Other workers in the private sector can seek FMLA leave if the FMLA covers their employer and them. State employees may be entitled to distinctive types of leave.
Washington
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family and medical leave (Revised Code of Washington Section 50A.15.020) | 12 weeks in a 52-week period for family leave; 12 weeks in a 52-week period for medical leave (2 additional weeks for pregnancy disability); 16 total weeks in a 52-week period for family and medical leave (18 total weeks with pregnancy disability) | Child, grandchild, grandparent, parent, sibling, spouse, certain other individuals as defined in § 50A.05.010 |
| Paid sick leave (§ 49.46.210) | No explicit cap | Child, parent, parent of spouse or domestic partner, spouse, domestic partner, grandparent, grandchild, sibling |
| Domestic violence leave (§ 49.76.030) | “Reasonable” | Child, spouse, parent, parent-in-law, grandparent, person dating the employee |
| Military family leave (§ 49.77.030) | 15 days per deployment | Spouse |
The Washington family and medical leave program covers most employees who have worked for at least 820 hours in employment during the past year. This leave is paid, and the maximum weekly benefit amount is 90 percent of the state average weekly wage. Qualifying reasons for family leave include participating in providing care for a covered family member who is suffering from a serious health condition, bonding with a child during the first 12 months after birth or placement, and any qualifying exigency under the FMLA. Medical leave involves any leave taken by an employee that is necessary because of their own serious health condition.
In addition, an employee may use paid sick leave not only for their own health condition but also to care for a covered family member with a health condition, as well as preventive care for the employee or a covered family member. They also may use this leave when their place of business (or the school or place of care of their child) has been closed for a health-related reason.
Washington also provides leave for reasons related to domestic violence, sexual assault, or stalking experienced by the employee or a covered family member. Qualifying reasons for this leave include participating in civil or criminal legal proceedings, getting medical treatment for related injuries, getting assistance from a social services program, getting mental health counseling, and participating in safety planning or relocating to increase the safety of the employee or a family member.
Finally, an employee may receive military family leave when their military spouse has been notified of an impending call or order to active duty, or when the military spouse is on leave from deployment.
Washington, D.C.
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family leave (District of Columbia Code Section 32-502) | 16 weeks in a 24-month period | Any relative by blood/legal custody/marriage, a child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility, a person who shares or recently has shared a residence with the employee and has a committed relationship with the employee, or a foster child |
| Medical leave (§ 32-503) | 16 weeks in a 24-month period | N/A |
| Paid family and medical leave (§ 32-541.04) | At least 8 weeks of parental leave, 6 weeks of family leave, and 2 weeks of medical leave (no set minimum for prenatal leave) | Child, child of spouse/domestic partner, parent, parent-in-law, person related by domestic partnership or marriage, grandparent, sibling |
| Parental leave (§ 32-521.02) | 24 hours in a 12-month period | Child, niece, nephew, grandchild, child/niece/nephew/grandchild of spouse or domestic partner |
| Paid sick leave (§ 32-531.02) | 3-7 days provided per year (details below) | Spouse, domestic partner, parent, parent of spouse, child, grandchild, spouse of child, sibling, spouse of sibling, others identified in § 32-531.01 |
The Washington, D.C. family and medical leave law applies to employees who have been employed by the same employer for at least 12 months (not necessarily consecutive) in the seven years before the leave, and who worked for at least 1,000 hours for the employer during that 12-month period. Qualifying reasons for family leave include childbirth, adoption, foster care placement, the placement of a child for whom the employee permanently assumes and discharges parental responsibility, or the care of a covered family member with a serious health condition. An employee may take medical leave if they become unable to perform the functions of their position because of a serious health condition.
While the leave discussed above is unpaid, paid family and medical leave also is available for amounts of time defined by the type of leave: parental, family, medical, or prenatal. These amounts are adjusted over time, subject to minimums provided in the table above. Certain restrictions on employee eligibility apply. Parental leave generally involves the birth, adoption, or foster care placement of a child, family leave involves care or companionship related to a serious health condition of a covered family member, medical leave involves a serious health condition of an employee, and prenatal leave involves medical care during pregnancy.
In addition, an employee can use unpaid parental leave to attend or participate in a school-related event involving their child.
An employee also will receive seven days per year of paid sick leave if the employer has 100 or more employees, five days per year if the employer has 25-99 employees, and three days per year if the employer is smaller. Qualifying reasons to use this leave include not only a medical condition of the employee but also caring for a covered family member with a medical condition. Paid sick leave is also available if the employee or a covered family member has been a victim of stalking, domestic violence, or sexual abuse, and the employee’s absence is directly related to social or legal services pertaining to that conduct.
West Virginia
West Virginia has not enacted a family and medical leave law for the private sector, or any similar law. FMLA leave may be available to qualifying employees of covered employers. State employees have certain protections.
Wisconsin
| Type of Leave | Amount | Covered Relatives |
|---|---|---|
| Family and medical leave (Wisconsin Statutes Section 103.10) | 2-8 weeks in a 12-month period for family leave; 2 weeks in a 12-month period for medical leave | Child, spouse, domestic partner, parent, parent of spouse or domestic partner for family leave; N/A for medical leave |
The Wisconsin family and medical leave law covers employers with 50 or more employees, and it applies to employees who have been employed by the same employer for more than 52 consecutive weeks and who have worked for the employer for at least 1,000 hours during the 52 weeks before the leave. Qualifying reasons for family leave include childbirth, the placement of a child for adoption or as a precondition to adoption (but not both), or caring for a covered family member with a serious health condition. An employee may not use more than six weeks per year of family leave for childbirth or adoption, more than two weeks per year of family leave for caring for a family member, or more than eight weeks per year of family leave in total. An employee may take medical leave if they have a serious health condition that makes them unable to perform their duties.
Wyoming
Wyoming has not enacted a family and medical leave law for the private sector, or any similar law. FMLA leave may be available to qualifying employees of covered employers. State employees have certain protections.
