Family and Medical Leave Laws for Employees: 50-State Survey under Employment Law
Family and Medical Leave Laws: A 50-State Overview
1. Federal Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA), enacted in 1993, provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. This federal law applies to:
Private employers with 50 or more employees within 75 miles of the employee’s worksite.
Public agencies, including state and local governments, regardless of the number of employees.
Public and private elementary and secondary schools, regardless of the number of employees.
Eligibility Criteria:
Employed by a covered employer.
Worked at least 12 months (not necessarily consecutive).
Worked at least 1,250 hours during the 12 months immediately preceding the leave.
Worked at a location where the employer has at least 50 employees within 75 miles.
Covered Reasons for Leave:
Birth and care of a newborn child.
Adoption or foster care placement of a child.
Care for a spouse, child, or parent with a serious health condition.
The employee’s own serious health condition.
Qualifying exigencies related to a family member's military service.
2. State Family and Medical Leave Laws
While the FMLA sets a federal baseline, many states have enacted their own family and medical leave laws, which may offer additional benefits or protections. Here's a brief overview of notable state laws:
California
Offers paid family leave through the State Disability Insurance program.
Provides up to 8 weeks of partial wage replacement for bonding with a new child or caring for a seriously ill family member.
New York
Implements a Paid Family Leave (PFL) program.
Provides up to 12 weeks of paid leave, with wage replacement gradually increasing to 67% of the employee’s average weekly wage.
New Jersey
Offers both paid family leave and temporary disability insurance.
Provides up to 12 weeks of paid family leave with wage replacement up to 85% of the employee’s average weekly wage.
Rhode Island
Has a Temporary Caregiver Insurance (TCI) program.
Provides up to 4 weeks of paid leave for bonding with a new child or caring for a seriously ill family member.
Washington
Enacted a Paid Family and Medical Leave (PFML) program.
Provides up to 12 weeks of paid leave for family or medical reasons, with wage replacement based on income.
Massachusetts
Implements a Paid Family and Medical Leave (PFML) program.
Provides up to 12 weeks of paid family leave and up to 20 weeks of paid medical leave, with wage replacement based on income.
Colorado
As of 2025, offers paid family leave for parents of infants in neonatal intensive care units (NICU).
Provides up to 12 additional weeks of leave while the newborn is hospitalized in the NICU.
3. Case Law Examples
Ragsdale v. Wolverine World Wide, Inc. (2002)
Issue: Whether the Department of Labor's penalty rule for FMLA violations was valid.
Holding: The U.S. Supreme Court held that the penalty rule was inconsistent with the FMLA and beyond the authority of the Department of Labor.
Significance: Reinforced that FMLA regulations must align with the statutory language and intent.
Chittister v. Department of Community & Economic Development (2000)
Issue: Whether states could be subjected to monetary damages for FMLA violations.
Holding: The Third Circuit Court of Appeals ruled that states could be held liable for monetary damages under the FMLA.
Significance: Highlighted the enforceability of FMLA provisions against state employers.
Nevada Department of Human Resources v. Hibbs (2003)
Issue: Whether the FMLA validly abrogated state sovereign immunity under the Fourteenth Amendment.
Holding: The U.S. Supreme Court held that the FMLA was a valid exercise of Congress's power under the Fourteenth Amendment, allowing suits against states for FMLA violations.
Significance: Affirmed that the FMLA applies to state employers and that employees can sue states for violations.
4. Recent Developments
South Carolina (2025): The state's top legal authorities issued an opinion recommending that the state's paid family leave law should apply to parents who experience stillbirths. This guidance follows reports that some school districts denied paid leave to teachers who gave birth to stillborn children AP News.
New Mexico (2024): The Democrat-led House narrowly rejected a bill proposing paid family and medical leave for workers, which aimed to provide up to 12 weeks of leave for serious illness, newborn care, and victims of abuse AP News.
Colorado (2025): Colorado became the first U.S. state to extend paid family leave specifically for parents with infants in neonatal intensive care units (NICU), allowing parents to take up to 12 additional weeks of leave while their newborns are hospitalized in the NICU Axios.
5. Summary Table
| State | Paid Leave Program | Duration | Additional Notes |
|---|---|---|---|
| California | Yes | Up to 8 weeks | Partial wage replacement through State Disability Insurance program |
| New York | Yes | Up to 12 weeks | Wage replacement up to 67% of average weekly wage |
| New Jersey | Yes | Up to 12 weeks | Wage replacement up to 85% of average weekly wage |
| Rhode Island | Yes | Up to 4 weeks | Temporary Caregiver Insurance program |
| Washington | Yes | Up to 12 weeks | Wage replacement based on income |
| Massachusetts | Yes | Up to 12 weeks | Paid Family Leave and Paid Medical Leave programs |
| Colorado | Yes | Up to 12 weeks | Extended leave for parents of infants in NICU |
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