Before diving into state-by-state differences, it is important to understand the federal baseline. The FMLA, enacted in 1993, provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for the birth or adoption of a child. However, FMLA has strict eligibility requirements:
The FMLA covers approximately 56% of U.S. workers. The remaining 44% are either at small employers, have not met the tenure or hours requirements, or work for employers outside the 75-mile radius requirement. The Pregnant Workers Fairness Act (PWFA), which went into effect in 2023, requires employers to provide reasonable accommodations for pregnancy, childbirth, and related conditions—but this is not the same as paid parental leave.
As of 2026, the following states and jurisdictions have implemented paid family and medical leave programs that include bonding leave for new parents. Each program is funded differently and offers varying benefit amounts and durations.
| State | Max Leave Duration | Benefit Rate | Effective Date | Funding |
|---|---|---|---|---|
| California | 8 weeks | 70-90% of wages | 2004 | Employee payroll tax |
| New York | 12 weeks | 67% of avg weekly wage | 2018 | Employee payroll tax |
| Washington | 12 weeks | 90% up to cap | 2020 | Employee + employer |
| Massachusetts | 12 weeks | 80% up to cap | 2021 | Employee + employer |
| Connecticut | 12 weeks | 95% up to cap | 2022 | Employee payroll tax |
| Oregon | 12 weeks | 100% min, 65% above threshold | 2023 | Employee + employer |
| Colorado | 12 weeks | 90% up to cap | 2024 | Employee + employer |
| Maryland | 12 weeks | 90% up to cap | 2025 | Employee + employer |
| D.C. | 8 weeks | 90% up to cap | 2020 | Employer tax |
| Delaware | 12 weeks | 80% up to cap | 2026 | Employee + employer |
| Minnesota | 12 weeks | 100% min, 55% above | 2026 | Employee + employer |
| Illinois | 12 weeks | 100% min, 90% above | 2026 | Employee + employer |
| Vermont | 12 weeks | 90% up to cap | 2026 | Employee + employer |
| Maine | 12 weeks | 90% up to cap | 2026 | Employee + employer |
California was the first state to implement paid family leave, launching its program in 2004. The California Paid Family Leave (PFL) program provides up to 8 weeks of paid benefits at 70-90% of your weekly earnings, depending on income level. As of 2025, the weekly benefit cap is $1,629. Benefits are funded through employee State Disability Insurance (SDI) contributions—employees pay approximately 1.1% of wages up to the SDI wage cap.
California also provides up to 4 weeks of pregnancy disability leave (PDL) before birth, which is separate from PFL. This means a California mother could have up to 4 weeks of PDL plus 8 weeks of PFL, totaling 12 weeks of paid leave. Job protection comes from the California Family Rights Act (CFRA), which provides up to 12 weeks of job-protected leave for employers with 5+ employees.
New York's Paid Family Leave (PFL) program, launched in 2018, provides up to 12 weeks of paid leave at 67% of the employee's average weekly wage, capped at a weekly maximum that adjusts annually (approximately $1,151.53 in 2025). The program covers all employees, regardless of employer size, and is funded through small employee payroll deductions (approximately 0.388% of wages, capped at about $355.58 per year).
New York also provides pregnancy disability benefits through its DBL (Disability Benefits Law) program, which offers up to 26 weeks of partial wage replacement for pregnancy-related disabilities. Combined, a New York mother can receive pregnancy disability benefits followed by PFL bonding benefits.
Washington's Paid Family and Medical Leave program combines family bonding leave (12 weeks), medical leave (12 weeks), and a total annual cap of 18-26 weeks depending on circumstances. Benefits are calculated at 90% of wages up to a threshold (approximately $1,537 in 2025), then 50% above that, with a weekly cap around $1,537. Both employees and employers contribute.
Massachusetts offers 12 weeks of paid family leave at 80% of your average weekly wage up to a cap (approximately $1,129.46 in 2025), with 20% calculated for wages above the Social Security contribution base. The program provides full job protection for all eligible employees, regardless of employer size.
Many states without paid family leave programs have enacted pregnancy accommodation laws based on the federal PWFA model. These require employers to provide reasonable accommodations such as extra breaks, modified duties, or temporary transfers—but they do not provide paid bonding leave. States in this category include:
Several additional states are actively considering paid family leave legislation:
New Jersey and Rhode Island actually already have established programs. New Jersey's Family Leave Insurance (FLI) provides 12 weeks of benefits at 85% of wages up to a weekly cap (approximately $1,059 in 2025). Rhode Island's Temporary Caregiver Insurance (TCI) provides 6 weeks at approximately 4.62% of wages up to a cap of about $978 weekly.
In states without paid family leave, short-term disability (STD) insurance can partially replace income during pregnancy recovery. Five states—California, Hawaii, New Jersey, New York, and Rhode Island—have state-mandated temporary disability insurance (TDI) programs that cover pregnancy-related disability:
Private STD policies are available in all other states, but they must be purchased before pregnancy and typically cover 6-8 weeks postpartum at 50-70% of salary.
Even in states without statutory paid leave, many employers offer their own paid parental leave benefits. According to the Society for Human Resource Management (SHRM), approximately 40% of U.S. employers offer some form of paid parental leave. Tech companies like Google, Microsoft, and Meta offer 12-24 weeks of fully paid leave, while financial institutions like Goldman Sachs and Bank of America offer 16-20 weeks.
The federal government itself provides 12 weeks of paid parental leave to its 2.1 million civilian employees under the Federal Employee Paid Leave Act (FEPLA), effective October 2020. This benefit is available to federal employees who have been employed for at least 12 months and have worked at least 1,250 hours.