Paid Family and Medical Leave Laws by State

Fact Check: Paid Family and Medical Leave Laws by State

Verified
59
Partial
1
Issue
0
Outdated
0
Unverifiable
0
Partial May 25, 2026How we fact-check

Summary

60 verifiable claims checked across the FMLA federal baseline, the funding-mechanism explainer, the California deep-dive (including the SB 951 two-tier replacement structure and the historical Rhode-Island-vs-California program-age comparison), the 13-jurisdiction state-by-state grid (CA, NY, NJ, RI, WA, MA, CT, OR, CO, DC, DE, MN, ME), the Maryland and Virginia enacted-but-not-paying programs, the voluntary New Hampshire and Vermont insurance markets, the DOL FMLA opinion letter on concurrent designation, the IRS tax-treatment guidance, multi-state coordination rules, and recent legislative changes. 59 claims ship ✓ Verified against Tier 1 primary sources (state agency publications, federal statutes, eCFR, DOL opinion letters, IRS revenue rulings). One legal-precedent claim ships ⚠ Partial because the binary holding is confirmed by multiple Tier 2 sources but the underlying Suffolk Superior Court docket is not publicly indexed.

Statutory / regulatory

27 claims

California's post-SB 951 SDI/PFL replacement structure pays 90% of wages for employees earning below 70% of the State Average Weekly Wage and 70% above; the 2026 SAWW is $1,789, putting the threshold at approximately $1,252/week

Appears in
California — the largest program (worked example)
Source (primary)
https://edd.ca.gov/en/disability/Calculating_PFL_Benefit_Payment_Amounts/
Source (secondary)
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB951
Verified
May 25, 2026· 2+ independent sources
Notes

SB 951 (2022) restructured the SDI/PFL benefit formula effective January 1, 2025. EDD's PFL benefit-payment-amounts page documents the two-tier replacement structure and the State Average Weekly Wage calibration used for the 70%-of-SAWW threshold.

IRS Revenue Ruling 2025-4 (and Notice 2026-6) addresses federal tax treatment of state PFML contributions and benefits, with transition relief for medical-leave portion's third-party-sick-pay reporting extended through 2026

Appears in
How PFML actually works (the funding mechanism) + The 5 Most Expensive PFML Mistakes
Source (primary)
https://www.irs.gov/newsroom/irs-issues-guidance-for-the-district-of-columbia-and-states-that-have-paid-family-and-medical-leave-programs
Source (secondary)
https://www.irs.gov/pub/irs-drop/n-26-06.pdf
Verified
May 25, 2026· 2+ independent sources

Specific numeric

28 claims

Rhode Island enacted the first state temporary disability insurance (TDI) program in 1942, predating California's SDI (1946) by four years

Appears in
California — the largest program
Source (primary)
https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance
Source (secondary)
https://oui.doleta.gov/unemploy/pdf/uilawcompar/2022/disability.pdf
Verified
May 25, 2026· 2+ independent sources
Notes

Rhode Island DLT confirms TDI was the first program of its kind in the United States, enacted 1942. DOL comparative-law publication confirms the program-launch chronology: RI 1942, CA 1946, NJ 1948, NY 1949, Puerto Rico 1968, Hawaii 1969.

California established State Disability Insurance in 1946

Appears in
California — the largest program; State-by-State PFML (CA row)
Source (primary)
https://edd.ca.gov/disability
Source (secondary)
https://www.m.edd.ca.gov/Disability/About_the_State_Disability_Insurance_(SDI)_Program.htm
Verified
May 25, 2026· 2+ independent sources
Notes

California EDD publications confirm SDI was established in 1946 to provide short-term benefits to eligible California workers experiencing wage loss from non-work-related illness, injury, or pregnancy.

California Paid Family Leave (PFL) began July 1, 2004 — the first state paid family leave program

Appears in
California — the largest program; State-by-State PFML (CA row)
Source (primary)
https://edd.ca.gov/en/disability/Calculating_PFL_Benefit_Payment_Amounts/
Source (secondary)
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200120020SB1661
Verified
May 25, 2026· 2+ independent sources
Notes

SB 1661 (2002), the Family Temporary Disability Insurance program, was the first state-level paid family leave law in the United States; benefits commenced July 1, 2004. Rhode Island added its family-leave component (TCI) on January 1, 2014 — ten years later.

New Jersey TDI was enacted in 1948 (third state to enact temporary disability insurance after Rhode Island and California)

Appears in
State-by-State PFML (NJ row)
Source (primary)
https://www.nj.gov/labor/myleavebenefits/worker/tdi/
Source (secondary)
https://oui.doleta.gov/unemploy/pdf/uilawcompar/2022/disability.pdf
Verified
May 25, 2026· 2+ independent sources
Notes

NJ DOL TDI program page + DOL comparative-law publication confirm 1948 enactment. NJ's FLI (Family Leave Insurance) component was added later — effective July 1, 2009.

Maryland FAMLI contributions begin January 1, 2027 and benefits no later than January 3, 2028 at a 0.9% contribution rate with a $1,000 maximum weekly benefit

Appears in
Enacted, not yet paying benefits
Source (primary)
https://paidleave.maryland.gov/
Source (secondary)
https://labor.maryland.gov/whatsnews/laborannouncescontributionrateforfamli.shtml
Verified
May 25, 2026· 2+ independent sources
Notes

Maryland delayed the program multiple times since its 2022 enactment; the current schedule reflects the most recent legislative delay.

Virginia enacted PFML on April 22, 2026 with contributions beginning April 1, 2028 and benefits beginning December 1, 2028; Fiscal Impact Statement estimated a 0.72% contribution rate

Appears in
Enacted, not yet paying benefits
Source (primary)
https://www.vec.virginia.gov/news/first-south-virginia-enacts-paid-family-medical-leave
Verified
May 25, 2026single source
Notes

Virginia is the first Southern state to enact a mandatory PFML program. Final contribution rate is set by VEC rulemaking before April 2028; the 0.72% figure is the General Assembly Fiscal Impact Statement estimate, not yet a finalized rate.

Statistical aggregate

2 claims

13 jurisdictions (12 states + DC) are paying PFML benefits in 2026: California, Colorado, Connecticut, Delaware, DC, Maine, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington

Appears in
Quick reference + State-by-State PFML
Source (primary)
https://bipartisanpolicy.org/explainer/state-paid-family-leave-laws-across-the-u-s/
Source (secondary)
https://www.dol.gov/agencies/wb/topics/featured-childcare/paid-family-and-medical-leave
Verified
May 25, 2026· 2+ independent sources
Notes

Cross-verified by enumerating the 13 jurisdictions individually against each state agency's program page (CA EDD, NY WCB, NJ DOL, RI DLT, WA ESD, Mass DFML, CT Paid Leave Authority, Paid Leave Oregon, Colorado FAMLI, DC DOES, Delaware DOL, Minnesota PL, Maine DOL).

California, New York, Connecticut, and Rhode Island PFML contributions are 100% employee-paid; DC is 100% employer-paid

Appears in
Patterns Across the Laws
Source (primary)
https://edd.ca.gov/en/disability/Contribution_Rates_and_Benefit_Amounts/
Source (secondary)
https://paidfamilyleave.ny.gov/2026
Verified
May 25, 2026· 2+ independent sources
Notes

Confirmed against each state agency's contribution-split documentation: CA SDI employee-only, NY PFL employee-only, CT 0.5% employee-paid, RI TDI employee-paid, DC 0.75% employer-paid (per D.C. Code § 32-541.06).

Currency

2 claims

New Hampshire offers a voluntary state-sponsored Granite State Paid Family Leave program (since January 2023), with approximately 3% of NH workers enrolled as of mid-2025

Appears in
Voluntary state-sponsored insurance markets
Source (primary)
https://carsey.unh.edu/publication/new-hampshire-voluntary-paid-family-medical-leave-program-did-program-increase-coverage-0
Verified
May 25, 2026single source
Notes

Carsey Institute (UNH) is the institutional source publishing enrollment data on the NH voluntary program.

Vermont's VT-FMLI voluntary insurance market launched July 2023 for state employees and 2024-2025 for private employers; approximately 10,000 Vermonters were participating as of mid-2025 (about 1,800 in private-employer plans)

Appears in
Voluntary state-sponsored insurance markets
Source (primary)
https://governor.vermont.gov/vtfmli
Source (secondary)
https://governor.vermont.gov/press-release/governor-phil-scott-launches-voluntary-paid-family-and-medical-leave-program
Verified
May 25, 2026· 2+ independent sources

Sources

73 unique sources cited across the report — click to audit any claim directly against its evidence.

  1. 1.https://www.law.cornell.edu/uscode/text/29/2601
  2. 2.https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825
  3. 3.https://www.dol.gov/agencies/whd/fmla
  4. 4.https://www.law.cornell.edu/uscode/text/29/2612
  5. 5.https://www.dol.gov/agencies/whd/fmla/military
  6. 6.https://www.law.cornell.edu/uscode/text/29/2611
  7. 7.https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-A
  8. 8.https://www.law.cornell.edu/uscode/text/29/2615
  9. 9.https://calcivilrights.ca.gov/family-medical-pregnancy-leave/
  10. 10.https://www.dol.gov/agencies/whd/state/fmla/california
  11. 11.https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2601.&lawCode=UIC
  12. 12.https://edd.ca.gov/en/disability/
  13. 13.https://www.wcb.ny.gov/content/main/wclaws/wclaw.jsp
  14. 14.https://paidfamilyleave.ny.gov/
  15. 15.https://app.leg.wa.gov/rcw/default.aspx?cite=50A
  16. 16.https://paidleave.wa.gov/
  17. 17.https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175M
  18. 18.https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits
  19. 19.https://www.oregonlegislature.gov/bills_laws/ors/ors657B.html
  20. 20.https://paidleave.oregon.gov/
  21. 21.https://famli.colorado.gov/rules-guidance
  22. 22.https://leg.colorado.gov/sites/default/files/2020a_205_signed.pdf
  23. 23.https://dcpaidfamilyleave.dc.gov/
  24. 24.https://labor.delaware.gov/delaware-paid-leave/
  25. 25.https://laborfiles.delaware.gov/main/pfl/Employer_and_TPAs_Guide_to_DPL.pdf
  26. 26.https://www.revisor.mn.gov/statutes/cite/268B
  27. 27.https://pl.mn.gov/
  28. 28.https://www.maine.gov/paidleave/
  29. 29.https://legislature.maine.gov/statutes/26/title26ch7sec0.html
  30. 30.https://www.ctpaidleave.org/
  31. 31.https://www.cga.ct.gov/current/pub/chap_557.htm
  32. 32.https://dlt.ri.gov/individuals/tdi-tci
  33. 33.http://webserver.rilegislature.gov/Statutes/TITLE28/INDEX.HTM
  34. 34.https://www.nj.gov/labor/myleavebenefits/
  35. 35.https://www.nj.gov/labor/myleavebenefits/worker/fli/
  36. 36.https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance
  37. 37.https://oui.doleta.gov/unemploy/pdf/uilawcompar/2022/disability.pdf
  38. 38.https://edd.ca.gov/disability
  39. 39.https://www.m.edd.ca.gov/Disability/About_the_State_Disability_Insurance_(SDI)_Program.htm
  40. 40.https://edd.ca.gov/en/disability/Calculating_PFL_Benefit_Payment_Amounts/
  41. 41.https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200120020SB1661
  42. 42.https://www.nj.gov/labor/myleavebenefits/worker/tdi/
  43. 43.https://edd.ca.gov/en/disability/Contribution_Rates_and_Benefit_Amounts/
  44. 44.https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB951
  45. 45.https://paidfamilyleave.ny.gov/2026
  46. 46.https://www.wcb.ny.gov/content/main/PressRe/paid-family-leave-2026.jsp
  47. 47.https://www.nj.gov/labor/lwdhome/press/2025/20251229_newbenefitrates2026.shtml
  48. 48.https://dlt.ri.gov/press-releases/2026-tax-rates-unemployment-insurance-and-temporary-disability-insurance
  49. 49.https://paidleave.wa.gov/updates/
  50. 50.https://app.leg.wa.gov/rcw/default.aspx?cite=50A.35
  51. 51.https://www.mass.gov/info-details/paid-family-and-medical-leave-employer-contribution-rates-and-calculator
  52. 52.https://www.ctpaidleave.org/how-ct-paid-leave-works/contributions
  53. 53.https://paidleave.oregon.gov/resources/common-questions.html
  54. 54.https://paidleave.oregon.gov/employers/contributions-calculator.html
  55. 55.https://www.oregon.gov/employ/NewsAndMedia/Documents/2025-06-03-Minimum-Maximum-Weekly-Benefit-Amounts.pdf
  56. 56.https://oregon.public.law/statutes/ors_657b.050
  57. 57.https://famli.colorado.gov/individuals-and-families/how-famli-works/premium-and-benefits-calculator
  58. 58.https://does.pflbas.dc.gov/
  59. 59.https://dcpaidfamilyleave.dc.gov/employer-information/
  60. 60.https://payroll.org/news-resources/news/news-detail/2026/01/23/minnesota-s-new-paid-leave-program-takes-effect
  61. 61.https://paidleave.maryland.gov/
  62. 62.https://labor.maryland.gov/whatsnews/laborannouncescontributionrateforfamli.shtml
  63. 63.https://www.vec.virginia.gov/news/first-south-virginia-enacts-paid-family-medical-leave
  64. 64.https://www.workforcebulletin.com/massachusetts-court-rejects-individual-liability-and-aiding-and-abetting-claims-under-paid-family-and-medical-leave-law
  65. 65.https://www.littler.com/news-analysis/asap/liability-under-massachusetts-paid-family-and-medical-leave
  66. 66.https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FMLA/2025_1_14_1_FMLA.pdf
  67. 67.https://www.irs.gov/newsroom/irs-issues-guidance-for-the-district-of-columbia-and-states-that-have-paid-family-and-medical-leave-programs
  68. 68.https://www.irs.gov/pub/irs-drop/n-26-06.pdf
  69. 69.https://bipartisanpolicy.org/explainer/state-paid-family-leave-laws-across-the-u-s/
  70. 70.https://www.dol.gov/agencies/wb/topics/featured-childcare/paid-family-and-medical-leave
  71. 71.https://carsey.unh.edu/publication/new-hampshire-voluntary-paid-family-medical-leave-program-did-program-increase-coverage-0
  72. 72.https://governor.vermont.gov/vtfmli
  73. 73.https://governor.vermont.gov/press-release/governor-phil-scott-launches-voluntary-paid-family-and-medical-leave-program

Issues flagged

  1. Massachusetts PFMLA scope ruling (2025 Suffolk Superior Court) cited without case name or docket. The article references a "2025 Suffolk Superior Court ruling on PFMLA scope" in two sections without naming the case (Laughlin v. BinStar). The holding (anti-retaliation runs against corporate employers; aiding-and-abetting rejected) is confirmed by multiple Tier 2 law-firm analyses, but the underlying opinion is not in publicly accessible court records as of the verification date. Status flagged ⚠ Partial because the binary holding is supported but the case-level citation is not at Tier 1 yet. Suggested revision: keep the current generic framing pending a publicly indexed opinion; soften to "Massachusetts trial-court rulings in 2025 confirmed…" if the article wants a more conservative framing, or add the case name with a parenthetical "(unpublished trial-court opinion)" if Tier 2 attribution is acceptable for this single reference.

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