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Paid Family Leave by State: Who Can Actually Claim

Updated August 7, 2026. Quick answer: 15 of 51 jurisdictions have a paid family leave program — but having a program and being able to claim are different things. Maryland has an enacted program and pays nothing yet. New Hampshire’s is voluntary: outside state employment you have it only if your employer bought it. And the leave most relevant to our readers is not parental — it is leave to care for a seriously ill parent or spouse, which the program states cover and which is the reason to read your own state’s row rather than a national summary. All 51 jurisdictions are listed.

Four different situations, not one

  • Paying now (14). Benefits are claimable today.
  • Enacted but not yet paying (1) — Maryland. The statute permits claims “beginning on a date not earlier than January 1, 2027, but not later than January 3, 2028” — a window, not a date. Anyone told today that Maryland has paid family leave has been told something that is true of the statute and false of their situation.
  • Voluntary rather than mandatory (1) — New Hampshire. Verbatim RSA 21-I:104: “Participation in the plan by non-state employers shall be voluntary.” The benefit is 60% of average weekly wage for 6 weeks, the shortest in the set.
  • Mixed by employer size — Delaware. Mandatory above its size thresholds, opt-in below them, and paying since 1 January 2026 after a year of contributions.

Check the benefits date before you count on it. Several programs collect contributions before they pay anything, so a state can have a live payroll deduction and no claimable leave.

The column that matters most here: caring for a parent

Most coverage of paid family leave is about new babies. In the program states the same benefit generally covers leave to care for a family member with a serious health condition — a parent, a spouse — and that is the version our readers meet. Two details a national summary flattens and your own state’s row does not:

  • Family and medical leave often share one cap. Maine caps family leave at 12 weeks and medical leave at 12 weeks, then caps the combination at 12. Delaware pools caregiving and medical leave into six weeks measured over 24 months, so “a Delaware worker who used 6 weeks caring for a parent” has drawn down the medical entitlement too.
  • Wage replacement is usually progressive, not a flat percentage — a high rate up to some fraction of the state average weekly wage and a lower rate above it, under a cap. Each row states the formula rather than one number.

If you are the one providing the care rather than claiming it, the caregiver agreement and how paying a family caregiver is taxed are the adjacent questions.

The table: all 51 jurisdictions

JurisdictionProgram?Benefits payable fromFamily leave weeksWage replacementSource
AlabamaNosource
statute · 2026-08-06
AlaskaNosource
official · 2026-08-06
ArizonaNosource
official · 2026-08-06
ArkansasNosource
official · 2026-08-06
CaliforniaYes8 weeks in a 12-month periodprogressive: approximately 90% of weekly wages for lower earners, 70% for higher earners, capped at $1,765 per week (2026)source
statute · 2026-08-06
ColoradoYes2024-01-0112 weeks in an application year, plus up to 4 additional weeks for pregnancy or childbirth complicationsprogressive: 90% of the portion of average weekly wage at or below 50% of the state average weekly wage, then 50% of the portion above, capped at 90% of the state AWWsource
statute · 2026-08-06
ConnecticutYes2022-01-0112 weeks in any 12-month period, plus 2 additional weeks for a serious health condition resulting in incapacitation during pregnancyprogressive: 95% of base weekly earnings up to 40x the state minimum wage, then 60% above that, with total weekly compensation capped at 60x the minimum wagesource
statute · 2026-08-06
DelawareYes2026-01-01parental leave 12 weeks per application year; family caregiving 6 weeks, but aggregated with medical leave and measured over 24 months, not 1280% of average weekly wages over the preceding 12 months, minimum $100 per week, maximum $900 per week in 2026 and 2027source
statute · 2026-08-06
District of ColumbiaYes2020-07-0112 workweeks of qualifying family leave, plus 12 workweeks of qualifying parental leave, plus 2 workweeks of qualifying pre-natal leaveprogressive: 90% of average weekly wage for workers at or below 150% of the DC minimum wage times 40; above that, 90% of that amount plus 50% of the excess, subject to an annually inflation-adjusted maximumsource
statute · 2026-08-06
FloridaNosource
statute · 2026-08-06
GeorgiaNosource
official · 2026-08-06
HawaiiNosource
official · 2026-08-06
IdahoNosource
official · 2026-08-06
IllinoisNosource
official · 2026-08-06
IndianaNosource
secondary · 2026-08-06
IowaNosource
official · 2026-08-06
KansasNosource
official · 2026-08-06
KentuckyNosource
official · 2026-08-06
LouisianaNosource
official · 2026-08-06
MaineYes2026-05-0112 weeks90% of average weekly wage up to 50% of the state average weekly wage, then 66% of the portion above that; maximum weekly benefit = the state average weekly wagesource
statute · 2026-08-06
MarylandEnacted, not yet paying12 weeks per application year, with a conditional additional 12 weeks90% of average weekly wage up to 65% of the State average weekly wage, then 50% of the portion above that; minimum $50/week, maximum $1,000/week through 2028source
statute · 2026-08-06
MassachusettsYes2021-01-01 (paying benefits since then; family leave to care for a family member since 2021-07-01)12Progressive two-tier: 80% of the portion of the worker’s average weekly wage at or below 50% of the state average weekly wage, plus 50% of the portion above that, capped at a maximum weekly benefit set annually at 64% of the state average weekly wagesource
statute · 2026-08-06
MichiganNosource
official · 2026-08-06
MinnesotaYes2026-01-01 – benefits are being paid12Progressive three-tier: 90% of wages up to 50% of the state’s average weekly wage, plus 66% of wages above 50% and up to 100% of the SAWW, plus 55% of wages above 100% of the SAWW; maximum weekly benefit equals the state’s average weekly wagesource
statute · 2026-08-06
MississippiNosource
secondary · 2026-08-06
MissouriNosource
official · 2026-08-06
MontanaNosource
official · 2026-08-06
NebraskaNosource
official · 2026-08-06
NevadaNosource
official · 2026-08-06
New HampshireYes — voluntary2023-01-01 (coverage available for purchase)660% of the employee’s average weekly wage, with the wage base capped at the Social Security taxable wage maximumsource
statute · 2026-08-06
New JerseyYes2009-07-011285% of the worker’s average weekly wage, capped at a maximum weekly benefit rate set annually – $1,119 per week for 2026 ($1,081 for 2025)source
official · 2026-08-06
New MexicoNosource
statute · 2026-08-06
New YorkYes2018-01-011267% of the employee’s average weekly wage, CAPPED at 67% of the New York State Average Weekly Wage — flat percentage, not progressivesource
statute · 2026-08-06
North CarolinaNosource
official · 2026-08-06
North DakotaNosource
statute · 2026-08-06
OhioNosource
statute · 2026-08-06
OklahomaNosource
statute · 2026-08-06
OregonYes2023-09-0312PROGRESSIVE, benchmarked to the state average weekly wage: 100% of wages for lower earners, tapering to a blended rate above the thresholdsource
statute · 2026-08-06
PennsylvaniaNosource
official · 2026-08-06
Rhode IslandYes2014-01-018source
statute · 2026-08-06
South CarolinaNosource
statute · 2026-08-06
South DakotaNosource
statute · 2026-08-06
TennesseeNosource
official · 2026-08-06
TexasNosource
statute · 2026-08-06
UtahNosource
statute · 2026-08-06
VermontNo2023-07-01 for the State of Vermont employee phase; later phases not verifiedsource
official · 2026-08-06
VirginiaNosource
statute · 2026-08-06
WashingtonYes2020-0112 weeksProgressive, benchmarked to the state average weekly wage: 90% of the employee’s average weekly wage up to 50% of the state average weekly wage, plus 50% of the portion above that; capped at $1,647/week in 2026; floor of $100/weeksource
statute · 2026-08-06
West VirginiaNosource
statute · 2026-08-06
WisconsinNosource
statute · 2026-08-06
WyomingNosource
statute · 2026-08-06

The 36 with no programme — and why we split them

CONFIRMED ABSENT (29): Alaska, Arizona, Florida, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming.

NOT FOUND (7): Alabama, Arkansas, Georgia, Hawaii, Indiana, Tennessee, Vermont. Not publishable as a negative, and we are not publishing them as one. Vermont sits here for an instructive reason: the state buys coverage for its own employees, so a Vermont state worker genuinely has a benefit — but no Vermont statute requires any employer to provide it, and the terms are set by an insurance contract rather than by law.

Cite this data

Compiled from state statutes and administering-agency sources, each row carrying its citation and the date it was read. Free to reuse under CC BY 4.0 with a link. One conflict is flagged rather than resolved: Rhode Island’s codified statute still caps caregiver leave at six weeks while its Department of Labor and Training publishes eight for 2026 — we report both and tell you to rely on the agency, because it is the body paying the claim. Limits: this covers state programmes, not employer-provided leave, not the unpaid federal FMLA, and not job protection except where noted. General information, not legal advice.

Suggested citation: “Paid family leave by state,” Clear Money Guide, 2026, clearmoneyguide.com/paid-family-leave-by-state/.

The chart from this page’s data — free to reuse under CC BY 4.0, with the source drawn inside the image. The chart library has the rest.

Paid family leave: having a programme is not being able to claim15 jurisdictions have a programme. One pays nothing yet; one is voluntary. Source: Clear Money Guide, from state statutes and administering agencies (2026)Paid family leave: having a programme is not being able to claim15 jurisdictions have a programme. One pays nothing yet; one is voluntary.No programme36 jurisdictionsPaying now13Enacted, not yet paying1 (MD)Voluntary, not mandatory1 (NH)Maryland’s claims window is 2027-01-01 to 2028-01-03. New Hampshire’s is voluntary for non-state employers.Source: Clear Money Guide, from state statutes and administering agencies (2026)clearmoneyguide.com · CC BY 4.0
Paid family leave: having a programme is not being able to claim — free to reuse with attribution (CC BY 4.0). Source: Clear Money Guide, from state statutes and administering agencies (2026)

Reusing any of this? One licence covers all of it — free to reuse, adapt and republish, including commercially, with attribution. No permission needed. Figures we quote from the IRS, SSA, BLS or a state agency belong to their publishers and should be cited to them, with the data year.