Paid Family Leave States (2026): Which States Have It, Benefit Amounts and Start Dates
By ClauseAudit Research · 35 sources ·
Which states have paid family leave?
16 jurisdictions have, or soon will have, paid family and medical leave insurance as of January 2026, counting DC and the voluntary programs in New Hampshire and Vermont. Minnesota began paying on Jan. 1, 2026, Maine covers leave from May 1, 2026, and Maryland follows on Jan. 1, 2028. California's weekly maximum is highest at $1,765.
- Jurisdictions that have, or soon will have, PFML insurance programs (incl. DC, voluntary NH and VT) (January 2026, Ernst & Young LLP (EY Tax News))
- 16
- California's maximum weekly Paid Family Leave benefit (2026, California Employment Development Department)
- $1,765
- New York's maximum weekly Paid Family Leave benefit (2026, New York State Paid Family Leave (NYS Workers' Compensation Board))
- $1,228.53
- Massachusetts maximum weekly PFML benefit (2026, Massachusetts Department of Family and Medical Leave)
- $1,230.39
- Date Minnesota Paid Leave began paying benefits (2026, Minnesota Department of Labor and Industry)
- Jan. 1, 2026
- First day of leave Maine PFML benefits cover (2026, Maine Department of Labor)
- May 1, 2026
- Date Maryland FAMLI benefits become available (2028, Maryland Department of Labor)
- Jan. 1, 2028
- Private industry workers with access to paid family and medical leave (March 2026, U.S. Bureau of Labor Statistics)
- 49%
If you live in one of the states with a paid family leave program, you can take time off to bond with a new child or care for a sick relative and still get a weekly check from a state fund. If you don't, whether you get paid depends almost entirely on your employer and what your offer letter says.
This page shows where programs are running in 2026, how much they pay at most, what they cost in payroll deductions and when the newest ones start. Below the charts we cover what the numbers mean for your paycheck, your business and your next job offer.
Maximum weekly paid family leave benefit by state, 2026 (USD per week)
Chart data
| Label | Value |
|---|---|
| California | $1,765 |
| Oregon | $1,692.16 |
| Washington | $1,647 |
| Colorado | $1,448.02 |
| Minnesota | $1,423 |
| Maine | $1,249.12 |
| Massachusetts | $1,230.39 |
| New York | $1,228.53 |
| Rhode Island | $1,150 |
| New Jersey | $1,119 |
| District of Columbia | $1,100 |
| Connecticut | $1,016.40 |
| Delaware | $900 |
California's $1,765 cap sits well above Delaware's $900, so the same leave can pay very differently depending on where you work. These are ceilings: most people get a percentage of their own wages, and only higher earners hit the cap.
Download this chart (PNG)California maximum weekly SDI and Paid Family Leave benefit, 2014-2026 (USD per week)
Chart data
| Label | Value (USD per week) |
|---|---|
| 2014 | $1,075 |
| 2015 | $1,104 |
| 2016 | $1,129 |
| 2017 | $1,173 |
| 2018 | $1,216 |
| 2019 | $1,252 |
| 2020 | $1,300 |
| 2021 | $1,357 |
| 2022 | $1,540 |
| 2023 | $1,620 |
| 2024 | $1,620 |
| 2025 | $1,681 |
| 2026 | $1,765 |
California's weekly maximum climbed from $1,075 in 2014 to $1,765 in 2026, with only one flat year (2023 to 2024). Because caps track wages, a figure you read about a few years ago is probably out of date.
Download this chart (PNG)Total payroll contribution rate for state paid leave programs, 2026 (% of wages)
Chart data
| Label | Value |
|---|---|
| California (SDI incl. PFL) | 1.3% |
| Washington | 1.13% |
| Rhode Island (TDI incl. TCI) | 1.1% |
| Maine | 1.0% |
| Oregon | 1.0% |
| Colorado | 0.88% |
| Massachusetts (25+ covered) | 0.88% |
| Minnesota | 0.88% |
| Delaware | 0.8% |
| Connecticut | 0.5% |
| New York | 0.432% |
| New Jersey (FLI only) | 0.23% |
Rates look small but they come off every paycheck up to the wage cap. California's 1.3% and Rhode Island's 1.1% also fund disability coverage, so they are not a straight comparison with New Jersey's 0.23% family leave share.
Download this chart (PNG)Private industry workers with access to paid leave benefits, March 2026 (%)
Chart data
| Label | Value (%) |
|---|---|
| Paid holidays | 81% |
| Paid sick leave | 81% |
| Paid vacation | 80% |
| Paid personal leave | 51% |
| Paid family and medical leave | 49% |
Only 49% of private industry workers had paid family and medical leave from their employer in March 2026, against 81% with paid sick leave. That gap is why state programs matter, and why it is worth asking about leave before you accept an offer.
Download this chart (PNG)When the newest state paid leave programs started collecting and paying
| State | Payroll contributions began | Benefits began / begin |
|---|---|---|
| Colorado | 2023 | 2024 |
| Delaware | January 1, 2025 | January 1, 2026 |
| Minnesota | January 1, 2026 | January 1, 2026 |
| Maine | January 1, 2025 | May 1, 2026 |
| Maryland | January 1, 2027 | January 1, 2028 |
Source: Colorado Department of Labor and Employment, More than 62K Colorado workers have received Family and Medical Leave Benefit Payments in first six months; Delaware Department of Labor, Delaware Paid Leave; Ernst & Young LLP (EY Tax News), 2026 state disability, paid family and medical leave and long-term care insurance wage base and rates; Minnesota Department of Labor and Industry, Your job, your rights: Protections under Minnesota's Paid Leave law (webinar slides); Maine Department of Labor, Paid Family and Medical Leave (PFML) Frequently Asked Questions for Employees; Maryland Department of Labor, About the program (FAMLI). Download as image
Weeks of paid leave available in selected state programs
| State | Family / bonding leave | Combined family and medical cap |
|---|---|---|
| California | Up to 8 weeks in a 12-month period | Not covered by PFL (disability is separate) |
| Massachusetts | 12 weeks | 26 weeks per benefit year |
| Washington | 12 weeks | 16 weeks (18 with pregnancy complications) |
| Minnesota | 12 weeks | 20 weeks per year |
| New York | 12 weeks | Family leave only |
| New Jersey | 12 weeks continuous or 56 days intermittent | Family leave only |
| Delaware | 12 weeks parental; 6 weeks family care per 24 months | 12 weeks per year |
| District of Columbia | 12 weeks parental; 6 weeks family care | Not stated (separate limits from October 1, 2026: 2 weeks prenatal, 12 parental, 10 medical, 6 family care) |
Source: California Employment Development Department, Paid Family Leave Benefit Payment Amounts; Massachusetts Department of Family and Medical Leave, Paid Family and Medical Leave (PFML) overview and benefits; Washington Employment Security Department (Paid Leave), Paid Family and Medical Leave paycheck insert 2026; Minnesota Department of Labor and Industry, Your job, your rights: Protections under Minnesota's Paid Leave law (webinar slides); New York State Paid Family Leave (NYS Workers' Compensation Board), New York Paid Family Leave Updates for 2026; New Jersey Department of Labor and Workforce Development, Family Leave Insurance FAQ; Delaware Department of Labor, Delaware Paid Leave; DC Department of Employment Services, DC Paid Family Leave. Download as image
State paid family leave program status (2026) by state
- 13Paying benefits
- 1Enacted, benefits not yet started
- 2Voluntary program only
- 35No statewide program
- Paying benefits13
- Enacted, benefits not yet started1
- Voluntary program only2
- No statewide program35
Which states have paid family leave in 2026?
The short version: the programs paying benefits are California, Colorado, Connecticut, Delaware, the District of Columbia, Maine, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island and Washington. Maryland has passed a law but won't pay benefits until Jan. 1, 2028. New Hampshire and Vermont run voluntary programs, which means coverage only exists if your employer buys in or you sign up yourself.
Everyone else, from Texas to Pennsylvania, has no statewide program. In those states, paid leave for a new baby or a sick parent comes from your employer's policy, or it doesn't come at all. Federal FMLA can protect your job, but it doesn't pay you.
The newest programs are the ones people get wrong. Delaware and Minnesota both began paying on Jan. 1, 2026. Maine covers leave taken from May 1, 2026. If you moved or changed jobs recently, check the map above rather than relying on what a coworker in another state told you.
How much does paid family leave pay per week?
Each state pays a share of your normal wages, up to a weekly cap. In 2026 that cap runs from $900 in Delaware to $1,765 in California. Oregon ($1,692.16) and Washington ($1,647) are close behind California, while New York ($1,228.53) and Massachusetts ($1,230.39) sit in the middle.
Here's what that means in practice. Picture a senior engineer in New Jersey who earns well above the state average. The 2026 cap is $1,119 a week, so no matter how the formula runs, her leave check stops there, and it may cover well under half of her usual pay. A coworker on a lower salary can replace a much bigger share, because many formulas are weighted toward lower earners.
That gap is where your employer comes in. Some companies top up the state benefit to full pay for part or all of the leave. Others pay nothing beyond what the state sends. If you earn above your state's cap, the top-up policy is often worth more than the state program itself, so ask about it in writing.
Caps also change on different dates. Colorado's current cap took effect on July 1, 2026, Oregon's applies to benefit years starting on or after June 28, 2026, and DC's took effect on October 1, 2026. Check the date your leave starts, not just the year.
How many weeks of paid family leave can you take?
Most programs offer up to 12 weeks of family or bonding leave. California and Rhode Island offer up to 8. Several states also let you combine family and medical leave in one year: up to 26 weeks in Massachusetts, 20 in Minnesota and 16 in Washington (18 with pregnancy complications).
Paid weeks and a protected job are two separate questions. A state can pay you while your employer's policy, your contract and federal law decide whether your seat is still there when you come back. Read both before you plan around a date.
Timing matters too. Some programs let you take bonding leave in pieces, such as a day a week, while others expect a single block. New Jersey, for example, allows 12 weeks continuous or 56 days taken intermittently. If you want to ease back into work, check whether your state and your employer both allow it before you set a return date with your manager.
Also watch for overlap. A birth parent may use disability or medical leave first and family leave after, and the combined caps decide how long the whole stretch can run. Write your plan down with HR so nobody is surprised by the end date.
What does paid family leave cost workers and employers?
These programs run on payroll contributions. In 2026, rates range from 0.23% for New Jersey's worker share of family leave insurance to 1.3% in California, where the deduction also funds disability insurance. Connecticut's 0.5% is paid by workers. New York's 0.432% is capped at $411.91 a year.
Who pays varies. In Oregon, employers with 25 or more employees split the 1.0% rate, with 60% from the worker and 40% from the employer. Smaller employers often pay less or nothing: Massachusetts employers under 25 covered workers remit 0.46%, and Minnesota small employers pay 0.66%.
If you run a business in Maryland, budget now. Contributions of 0.9% begin Jan. 1, 2027, a full year before benefits start. Set up payroll early and update your handbook so your own leave policy lines up with the state plan instead of contradicting it.
Can freelancers and self-employed people get paid family leave?
Usually not by default. State programs are built around W-2 payroll, so if you invoice clients as a contractor, nobody is deducting contributions for you and you won't be covered automatically. Some states let self-employed people opt in, often with a minimum commitment period. Our self-employed guide linked below covers which ones.
If you're a freelancer, your real protection is your client contract. A project with fixed deadlines and no pause clause can turn a family emergency into a breach. Ask for language that lets you pause work or hand off deliverables with notice, and make sure deposits and milestone payments for finished work stay yours.
Plan the money side as well. Without a state check, a month off means a month without income, so many freelancers build a leave fund into their rates or keep a cash buffer. Retainer clients are worth a second look here: a retainer that requires you to be available every week, with no exception for family leave, can cost you the client at the worst moment.
What to check before you accept a job offer
- Ask whether the employer tops up the state benefit. Some pay the gap between the state check and your full salary, which matters most if you earn above the cap.
- Find out if the company runs a private plan instead of the state one. Several states allow approved private plans, and the terms can differ.
- Look for anything tying leave to tenure, such as a waiting period before you qualify for employer-paid leave.
- Check what happens to bonuses, equity vesting and your role while you are out. State leave doesn't cover these.
- In New Hampshire or Vermont, ask directly whether the employer participates in the voluntary program.
How ClauseAudit helps
State law sets a floor, but your offer letter, employment agreement and handbook decide a lot of what actually happens when you take leave. A line like "benefits may be modified at any time" can undo a generous policy before you ever use it.
Upload your contract and our automated review flags the leave and benefits terms in plain English, so you know what to ask before you sign.
- Paid leave terms: does the employer top up the state benefit, or only pay what the law requires?
- Eligibility and waiting periods that delay when employer-paid leave starts
- Bonus, commission and equity vesting rules during leave, including cliffs that can be missed
- Unilateral change clauses that let the employer cut benefits without your agreement
- Return-to-work and job protection language, including what counts as a comparable role
- Repayment clauses that make you pay back benefits or signing bonuses if you leave after your return
Frequently asked questions
How many states have paid family leave in 2026?
As of January 2026, 16 jurisdictions have, or soon will have, paid family and medical leave insurance programs. That count includes the District of Columbia, Maryland, whose benefits start on Jan. 1, 2028, and New Hampshire and Vermont, whose programs are voluntary. So the number paying mandatory benefits today is smaller than the headline figure.
Which state pays the most for paid family leave?
California has the highest weekly maximum in 2026 at $1,765. Oregon ($1,692.16) and Washington ($1,647) come next. Keep in mind these are caps. Your check is based on your own past wages, so you only receive the maximum if you earned enough to reach it.
When did Minnesota paid leave start?
Minnesota Paid Leave began on Jan. 1, 2026, the same day payroll contributions started. It offers up to 12 weeks of family leave and up to 20 weeks of combined family and medical leave per year. The maximum weekly benefit in 2026 is $1,423.
When does Maine paid family leave start paying?
Maine's program covers leave taken from May 1, 2026. Contributions began on Jan. 1, 2025, so workers paid in for more than a year before the first benefits. Maine's weekly cap equals the state average weekly wage, which was $1,249.12 as of July 1, 2026.
When does Maryland paid family leave begin?
Maryland's FAMLI benefits become available on Jan. 1, 2028. Payroll contributions of 0.9% start a year earlier, on Jan. 1, 2027. The weekly benefit will be capped at $1,000. If you run a Maryland business, plan your payroll changes for 2027 now.
What is the maximum New York Paid Family Leave benefit in 2026?
New York's maximum weekly Paid Family Leave benefit is $1,228.53 in 2026. Workers contribute 0.432% of wages, capped at $411.91 for the year. New York's program covers family leave only, up to 12 weeks, and has been running since 2018.
Does my employer have to pay me during family leave if my state has no program?
Generally no. Without a state program, paid family leave depends on your employer's policy. In March 2026, only 49% of private industry workers had paid family and medical leave through their employer. Federal FMLA may protect your job for eligible workers, but the time off is unpaid.
Is paid family leave the same as paid sick leave?
No. Sick leave laws require employers to let you earn short blocks of paid time for illness or appointments, paid by the employer. Paid family leave is longer, often weeks at a time, and is usually funded through a state insurance program paid by payroll deductions. Many states have one law but not the other.
Can I get paid family leave as an independent contractor?
Not automatically. State programs are funded through employer payroll, so contractors paid on invoices are usually left out. Some states let self-employed people opt in and pay contributions themselves. If you are treated as a contractor but work like an employee, you may be misclassified and missing coverage you are owed.
Use this data
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Maximum weekly paid family leave benefit by state, 2026 (USD per week)
California maximum weekly SDI and Paid Family Leave benefit, 2014-2026 (USD per week)
Total payroll contribution rate for state paid leave programs, 2026 (% of wages)
Private industry workers with access to paid leave benefits, March 2026 (%)
When the newest state paid leave programs started collecting and paying
Weeks of paid leave available in selected state programsEmbed the infographic
Free to share on your site, blog or slides under CC BY 4.0. Please keep the credit link.
Sources and method
Every number on this page comes from the sources below, each opened and read on or before October 18, 2026. A second, independent review checked every figure against its source and corrected anything that did not match. 51 of 51 state entries were confirmed; any that could not be are marked "Not yet confirmed" and left out of every count and chart.
- Ernst & Young LLP (EY Tax News), 2026 state disability, paid family and medical leave and long-term care insurance wage base and rates (7 January 2026 (rates as of January 5, 2026))
- U.S. Bureau of Labor Statistics, Employee Benefits in the United States, March 2026 (news release) (Released September 25, 2026 (March 2026 data))
- California Employment Development Department, Paid Family Leave Benefit Payment Amounts (Claims beginning on or after January 1, 2026)
- California Employment Development Department, State Disability Insurance Quick Statistics: Maximum Weekly Benefit Amount (CY 2026 edition)
- New York State Paid Family Leave (NYS Workers' Compensation Board), New York Paid Family Leave Updates for 2026 (2026)
- New York State Paid Family Leave, New York State Paid Family Leave (Accessed 2026-10-18)
- New Jersey Department of Labor and Workforce Development, NJ Department of Labor and Workforce Development Announces New Benefit Rates for 2026 (December 29, 2025)
- New Jersey Department of Labor and Workforce Development, Family Leave Insurance FAQ (Accessed 2026-10-18 (2026 rates))
- Washington Employment Security Department (Paid Leave), Paid Family and Medical Leave paycheck insert 2026 (Updated December 2025)
- Washington Employment Security Department, Washington State's Paid Family and Medical Leave (Accessed 2026-10-18)
- Massachusetts Department of Family and Medical Leave, How PFML weekly benefit amounts are calculated and/or changed (Accessed 2026-10-18 (2026 and 2027 figures))
- Massachusetts Department of Family and Medical Leave, Paid Family and Medical Leave (PFML) overview and benefits (Accessed 2026-10-18)
- Massachusetts Department of Family and Medical Leave, Paid Family and Medical Leave employer contribution rates and calculator (Last updated October 1, 2026)
- CT Paid Leave Authority, Before you Apply (Accessed 2026-10-18 (figures as of 1/1/2026))
- CT Paid Leave Authority, Contributions (Accessed 2026-10-18 (2026 rate))
- CT Paid Leave Authority, How CT Paid Leave Works (Accessed 2026-10-18)
- Oregon Employment Department, Employer News: Weekly Benefit Amounts Increasing for New Unemployment Insurance and Paid Leave Oregon Claims (June 11, 2026)
- Oregon Employment Department, Paid Leave Oregon (Accessed 2026-10-18)
- Colorado Department of Labor and Employment, FAMLI Division, FAMLI Rules & Guidance (Accessed 2026-10-18 (maximum as of July 1, 2026))
- Colorado Department of Labor and Employment, FAMLI Division, Colorado Family and Medical Leave Insurance (FAMLI) (Accessed 2026-10-18)
- Colorado Department of Labor and Employment, More than 62K Colorado workers have received Family and Medical Leave Benefit Payments in first six months (July 1, 2024)
- DC Department of Employment Services, DC Paid Family Leave (Accessed 2026-10-18 (benefits effective October 1, 2026))
- Delaware Department of Labor, Delaware Paid Leave (Accessed 2026-10-18)
- Delaware Department of Labor, Delaware Paid Leave Overview FAQs (Accessed 2026-10-18)
- Minnesota Department of Labor and Industry, Your job, your rights: Protections under Minnesota's Paid Leave law (webinar slides) (June 10, 2026)
- Maine Department of Labor, Maine Paid Family and Medical Leave (Accessed 2026-10-18)
- Maine Department of Labor, Maine PFML Benefits Webinar (April 16, 2026)
- Maine Department of Labor, Information to Know About Maine PFML (2025)
- Maryland Department of Labor, About the program (FAMLI) (Accessed 2026-10-18)
- Maryland Department of Labor, FAMLI Frequently Asked Questions (April 2026)
- Economic Progress Institute, Temporary Caregiver Insurance Program (TCI) (Last updated March 13, 2026)
- Maine Department of Labor, Paid Family and Medical Leave (PFML) Frequently Asked Questions for Employees (July 2026)
- Maine Workers' Compensation Board, State Average Weekly Wage Notice (rev. 8-14-26) (August 14, 2026 (revised))
- Rhode Island Department of Labor and Training, Maximum weekly benefit amounts for Unemployment and Temporary Disability Insurance (June 2026 (effective July 1, 2026); not opened directly, site blocks automated access)
- FirstHR, Rhode Island Paid Family Leave (August 11, 2026)
Cite this page
ClauseAudit, “Paid Family Leave States (2026): Which States Have It, Benefit Amounts and Start Dates”, updated October 18, 2026, https://clauseaudit.com/data/paid-family-leave-states. Free to reuse with a link back (CC BY 4.0).
This page summarises published data and law as checked on October 18, 2026. Figures are updated as new editions are released, and your own situation may differ. It is general information, not legal, tax or financial advice.