Summary of state paid family leave laws (2023)
Updated October 2023
Here’s a breakdown of the current status of paid family leave laws in the United States as of 2023.
California
Effective Date. July 1, 2004.
Weekly Benefit Amount. The weekly benefit is 60% - 70% of the employee’s average weekly wage up to a maximum of $1,620 per week in 2023.
To determine the percentage that applies, an employer must determine the employee’s earnings from all employers during each quarter during the employee’s base period (the first four out of the last five completed calendar quarters).
If, in the quarter with the highest earnings, the employee earned less than $929, then their average weekly wage is $50.
If, in the quarter with the highest earnings, the employee earned between $929 and $7,154.32, then their average weekly wage is 70% of the wages earned in the highest-earning quarter of the base period divided by 13, up to a maximum of $1,620.
If, in the quarter with the highest earnings, the employee earned more than $7,153.32, then their average weekly wage is 60% of the wages earned in the highest-earning quarter of the base period divided by 13, up to a maximum of $1,620.
For medical leave, there is a one-week waiting period before benefits will be paid.
Qualifying Reasons for Leave. California provides disability insurance benefits that provide wage replacement when an individual is unable to work due to illness and injuries sustained outside of work. Paid family leave can be used to bond with a newborn, placement in foster care or adoption or to care for a family member with a serious health condition.
Length of Benefits. Up to eight weeks in a 12-month period.
Colorado
Effective Date. January 1, 2024
Weekly Benefit Amount. The weekly benefit is 90% of the employee’s average weekly wage up to 50% of the statewide average plus 50% of their weekly wage up to 50% of the statewide average, up to a maximum of $1,100 per week in 2024.
To determine the average weekly wage, you first need to determine the quarter in which the employee earned the highest wages in the base period and the alternative base period (so in total, the last five completed calendar quarters) and then divide that number by 13.
Beginning in 2025, the maximum limit will be raised to 90% of the then-current statewide average weekly wage.
Qualifying Reasons for Leave. Bonding leave, the employee’s serious health condition, to care for a family member with a serious health condition, safe leave, and military needs.
Length of benefits. Up to 12 weeks in a 12-month period. Employees recovering from pregnancy and childbirth can receive an additional two weeks of paid leave.
Connecticut
Effective Date. January 1, 2023
Weekly Benefit Amount. The weekly benefit is 95% of the employee’s average base weekly earnings up to 40 times the state minimum wage plus 60% of the employee’s average base weekly earnings up to 40 times the state minimum wage up to 60 times the minimum wage ($900 in 2023).
The average base weekly earnings are determined by identifying the employee’s two highest-earning quarters in the base period (the first four out of the last five completed calendar quarters), adding those two quarterly wages together, and dividing by 26.
Qualifying Reasons for Leave. Bonding leave, the employee’s serious health condition, to care for a family member with a serious health condition, safe leave, and military needs.
Length of Benefits. Up to 12 weeks in a 12-month period to bond with a newborn. Employees recovering from pregnancy and childbirth can receive an additional two weeks of paid leave.
District of Columbia
Effective Date. October 1, 2022.
Amount of Pay. The weekly benefit depends on how much the employee earns in comparison to the state’s minimum wage multiplied by 40, up to a maximum weekly benefit amount of $1,118 in 2023.
If the employee’s average weekly wage is equal to or less than 150% of DC’s minimum wage multiplied by 40, then the weekly benefit is 90% of the employee’s average weekly wage.
If the employee earns an average weekly wage that is greater than 150% of DC’s minimum wage multiplied by 40, then the weekly benefit is 90% of 150% of DC’s minimum wage multiplied by 40 plus 50% of the amount by which the employee’s weekly wage exceeds 150% of DC’s minimum wage multiplied by 40.
The average weekly wage is determined by taking the employee’s total wages during the base period (the first four out of the last five completed calendar quarters) divided by 52.
The maximum amount is adjusted annually based on inflation.
There is a one-week waiting period for paid benefits.
Qualifying Reasons for Leave. The employee’s serious health condition, to care for a family member with a serious health condition, and bonding leave.
Length of Benefits. Up to 12 weeks of leave, plus an additional two weeks for prenatal care.
Maine
Effective Date. May 1, 2026.
Weekly Benefit Amount. The weekly benefit amount is 90% of the employee’s average weekly wage that is equal to or less than 50% of the state average weekly wage plus 66% of the employee’s average weekly wage that is more than 50% of the state average weekly wage, up to the maximum benefit amount.
The average weekly wage is the aggregate total wages reported on employer contribution reports in a one-year period divided by 52.
There is a one week waiting period before benefits are paid.
Maximum weekly benefit amount adjustments will be effective on January 1 each year.
Qualifying Reasons for Leave. The employee’s serious health condition, to care for a family member with a serious health condition, bonding leave, safe leave, and military family needs.
Length of Benefits. 12 weeks.
Massachusetts
Effective Date. July 1, 2019.
Weekly Benefit Amount. The weekly benefit amount is determined by taking the portion of the employee’s average weekly wage that is equal to or less than 50% of the statewide average weekly wage multiplied by 80%, and then adding the portion of the average weekly wage that is more than 50% of the state average weekly wage.
The weekly benefit is 80% of the employee’s average weekly wage up to 50% multiplied by the statewide average weekly wage plus 50% of the employee’s average weekly wage above an amount equal to 50% of the statewide average weekly wage, up to a maximum of $1,129.82 in 2023.
To determine the average weekly wage, identify the employee’s two highest-earning quarters in the base period (the first four out of the last five completed calendar quarters) and divide by 26. However, if the wages reported to Massachusetts do not include more than two quarters in the base period, then the average weekly wage is determined by taking the highest quarter’s wages and dividing by 13.
The maximum amount is adjusted annually on January 1 to 64% of the statewide average weekly wage.
There is a one week waiting period for paid benefits.
Qualifying Reasons for Leave. The employee’s serious health condition, to care for a family member with a serious health condition, bonding leave, and military family caregiver needs.
Length of Benefits. Up to a total of 26 weeks of paid leave in a benefit year. 20 weeks are available for medical leave, 12 weeks are available for family leave, and 26 weeks are available for military caregivers.
Minnesota
Effective Date. January 1, 2026.
Weekly Benefit Amount. The weekly benefit amount is calculated by adding amounts obtained by applying a certain percentage to the applicant’s average typical workweek and weekly wage during the highest quarter of earnings during the base period. The benefit amount is 90% of the wages that do not exceed 50% of the statewide average weekly wage, plus 66% of the wages that exceed 50% of the statewide average weekly wage but not 100%, plus 55% of the wages that exceed 100% of the state’s average weekly wage, up to the maximum weekly benefit amount.
Minnesota’s maximum weekly benefit amount is the statewide average weekly wage.
To determine the average weekly wage, identify the quarter in the base period in which the employee earned the highest amount of wages and divide by 13.
If the employee’s application for benefits has an effective date that falls after the month following the most recently completed quarter, then the base period is the most recent four completed calendar quarters before the effective date.
If the employee’s application for benefits has an effective date that falls during the month following the most recently completed calendar quarter, then the base period is the first four of the most recent five completed calendar quarters before the effective date of the application.
Notwithstanding the base period rules above, a base period of the first four of the of the most recent five completed calendar quarters must be used if the employee would have more wage credits under that base period if the employee would have more wage credits under that base period than under a base period of the four most recent completed calendar months.
Qualifying Reasons for Leave. The employee’s serious health condition, to care for a family member with a serious health condition, bonding leave, safety leave and family military needs.
Length of Benefits. 12 weeks of leave for the employee’s own serious health condition, and 12 weeks of leave for the other qualifying reasons, up to a maximum of 20 weeks per year.
New Hampshire
New Hampshire provides a voluntary paid family leave insurance program.
Effective Date. January 1, 2023.
Weekly Benefit Amount. 60% of the employee’s average weekly wage up to the social security wage cap.
Qualifying Reasons for Leave. The employee’s serious health condition, to care for a family member with a serious health condition, bonding leave, and military family needs.
Length of Benefits. Up to 6 weeks.
New Jersey
Effective Date. June 30, 2019.
Weekly Benefit Amount. 85% of the employee’s average weekly wage up to a maximum of $1,025 in 2023.
The average weekly wage is the sum of the employee’s total wages during the base period (the first four out of the last five completed calendar quarters) divided by 13.
There is a one week waiting period for employees on leave for their own medical condition.
The amount is adjusted annually to 70% of the statewide average weekly wage.
Qualifying Reasons for Leave. New Jersey employees can receive state disability benefits when they are unable to work due to a non-work injury or illness. New Jersey’s PFL law provides paid leave for bonding, caring for a family member with a serious health condition, or safe time.
Length of Benefits. Up to 26 weeks for medical leave during the period of disability. 12 weeks of family leave in a 12-month period.
New York
Effective Date. January 1, 2018
Weekly Benefit Amount. For a medical leave, the weekly benefit amount is 50% of the employee’s average weekly wage up to $170. For a family leave, the weekly benefit amount is 67% of the employee’s average weekly wage up to $1,131.08 in 2023.
The average weekly wage is determined by identifying the greater of (1) the total wages the employee earned in the eight weeks immediately preceding and including the last day worked prior to the date of leave, or (2) the total wages in the last eight weeks excluding the last day worked, and then dividing that number by eight.
There is a one week waiting period for state disability benefits.
Qualifying Reasons for Leave. New York employees can receive state disability benefits when they are unable to work due to a non-work injury or illness. New York’s PFL law provides paid leave for bonding, caring for a family member with a serious health condition, or military family needs.
Length of Benefits. Up to 26 weeks for medical leave during the period of disability. 10 weeks of family leave.
Oregon
Effective Date. September 3, 2023.
Weekly Benefit Amount. As explained below, the benefit amount is calculated based on the employee’s average weekly wage and statewide average weekly wage. The current statewide average weekly wage is $1,269.69. The maximum weekly benefit amount is 120% of the statewide average weekly wage, so the maximum weekly benefit is $1,523.63.
The average weekly wage in Oregon is calculated by taking the total wages the employee earned in the base period (the first four out of the last 5 completed calendar quarters) and dividing that number by 52.
If the employee’s average weekly wage is equal to or less than 65% of the statewide average weekly wage, then the employee’s weekly benefit amount is the lesser of the average weekly wage or the maximum weekly benefit amount ($1,523.63).
If the employee’s average weekly wage is greater than 65% of the statewide average weekly wage, then the employee’s weekly benefit amount is the lesser of (1) the maximum weekly benefit amount ($1,523.63) or 100% of the employee’s wages up to 65% of the statewide average plus 50% of the employee’s average weekly wage that is greater than 65% of the statewide average weekly wage.
Qualifying Reasons for Leave. The employee’s serious health condition, to care for a family member with a serious health condition, bonding leave, and safe leave.
Length of Benefits. Up to 12 weeks. Employees recovering from pregnancy or childbirth may receive up to an additional two weeks of benefits.
Rhode Island
Effective Date. July 1, 2018
Amount of Pay. 60% of the employee’s average weekly wage up to $1,043 in 2023.
The average weekly wage in Rhode Island is calculated by looking at the employee’s wages during the base period (the first four out of the last five completed calendar months), identifying the amount earned in the highest-earning quarter, dividing that number by 13, and multiplying that number by 4.62%.
Qualifying Reasons for Leave. To care for a family member with a serious health condition, bonding leave.
Length of Benefits. Up to six weeks.
Vermont
Vermont has an enacted a law, similar to New Hampshire’s, that will provide a voluntary leave insurance program.
Effective Date. January 1, 2024.
Weekly Benefit Amount. 60% of the employee’s average weekly wage up to the social security wage cap.
Qualifying Reasons for Leave. The employee’s serious health condition, to care for a family member with a serious health condition, bonding leave, and military family needs.
Length of Benefits. Up to 6 weeks.
Washington
Effective Date. July 1, 2023
Weekly Benefit Amount. There are few steps to calculating an employee’s weekly benefit amount in Washington:
First, determine the employee’s wages in each quarter during the base period (the first four out of the last 5 completed calendar quarters).
Second, identify the quarters with the largest and second largest wages. Add the earnings from those two quarters and divide by 26.
If that quarterly number is less than or equal to 50% of the state average weekly wage ($1,618), then take 90% of the quarterly number. If the quarterly number is greater than 50% of the state average weekly wage, then take 50% of the state average weekly wage ($1,618) and add 50% of the quarterly number minus 50% of the state average weekly wage.
The employee’s weekly benefit amount is the lesser of the number calculated above or the state maximum amount ($1,427 in 2023).
Qualifying Reasons for Leave. The employee’s serious health condition, to care for a family member with a serious health condition, bonding leave, safe leave, child loss, and family military needs.
Length of Benefits. Up to 12 weeks of paid leave for a serious health condition, to care for a family member with a serious health condition, or to bond with a new baby or child. Up to 16 weeks of paid leave if the employee has more than one qualifying event. Up to 18 weeks if the employee experiences a condition in pregnancy or birth that results in incapacity for that period of time.
