--- title: "Paid family leave by state: a guide for expecting parents" description: "A state-by-state walk through paid family leave, state disability/TDI, parental leave statutes, and sick leave laws — with links to every state's official program page." publishedAt: "2026-05-16" updatedAt: "2026-05-16" # updatedAt bumped after the 2026-05-16 accuracy audit. See # docs/state-leave-audit-2026-05-16.md for what changed. author: "Tanner Hallman" tags: - paid family leave - state programs - logistics --- When you're preparing for a baby, the question that consumes the most calendar time isn't "what crib should we buy." It's: **how much paid time off can I actually take, who pays for it, and what do I have to file?** The answer depends almost entirely on which state you live in. The United States has no federal paid family leave program. Federal **FMLA** offers up to 12 weeks of *unpaid* job-protected leave to roughly 60% of workers — but the paid part is a patchwork of state programs. Some states stack a disability program (for pregnancy and recovery) with a separate paid family leave program (for bonding). Others have nothing beyond federal FMLA. A growing number are phasing programs in over the next 24 months. This guide covers what's available in each state. Pick yours from the selector below to focus the page on your situation — or scroll through to see how the rest of the country compares. ## The four kinds of leave you'll see You'll see four families of leave referenced throughout this page. Knowing which one is which makes the per-state details click into place. **Paid Family & Medical Leave (PFML)** is the modern, comprehensive form. One state-administered insurance program covers (1) bonding with a new child, (2) your own serious health condition, including pregnancy, (3) caring for a seriously ill family member, and sometimes (4) military or safe-leave needs. Funded by payroll contributions from employees, employers, or both. Examples: Washington, Massachusetts, Colorado, Oregon. **State Disability Insurance / Temporary Disability Insurance (SDI / TDI)** is older and narrower. It pays wage replacement when *you* can't work due to a non-work-related medical condition — which crucially includes pregnancy and childbirth recovery. States with TDI but no PFML cover the birth parent's recovery but not bonding for either parent. Examples: Hawaii (TDI only). States that *stack* TDI + PFML give birth parents both: California, New York, New Jersey, Rhode Island. **Parental leave statutes** are state laws that grant time off — sometimes paid, often unpaid — specifically for the birth or adoption of a child. They typically run *concurrently* with federal FMLA. Wisconsin's WFMLA is the cleanest example. **Paid sick leave laws** are not parental leave per se, but for an expecting or new parent they're useful for prenatal appointments and postpartum recovery visits. Around half the states now require employers to provide accrued paid sick time. A note on **federal FMLA**: it provides 12 weeks of *unpaid*, job-protected leave for the birth or adoption of a child — but only if you've worked for your employer at least 12 months and 1,250 hours and the employer has 50+ employees within 75 miles. Most state PFML laws either run concurrently with FMLA or expand it. ## Select your state ## How to plan around your state's program A few practical things that hold up across most states: 1. **File your claim before your leave starts, not after.** Almost every state program lets you pre-file once a doctor can certify your due date. You typically can't submit a claim before you stop working, but you *can* register and prepare the paperwork early. 2. **Job protection and wage replacement are separate.** Many state programs replace wages but don't protect your job. Federal FMLA or a state statute usually handles job protection. Confirm with HR which laws are running concurrently for *your* leave. 3. **Confirm what your employer "tops up."** Some employers add their own paid parental leave on top of the state benefit. The math of stacking varies — your HR partner can tell you the order of operations. 4. **Save the program pages.** Each state's program is run by a different agency. Bookmark your state's link from the cards above — you'll come back to it for forms, appeal info, and updates to the wage cap. ## Federal FMLA in one minute Whatever state you're in, federal FMLA may still apply: - **12 weeks** of unpaid, job-protected leave per 12-month period. - For birth/adoption, your own serious health condition, or family care. - Eligibility: 12 months at the same employer, 1,250 hours worked in the prior 12 months, and the employer has 50+ employees within 75 miles. - Health insurance must continue during leave on the same terms as if you were working. FMLA is the floor. State programs are what determine whether that floor comes with a paycheck. ## Worth flagging This area of law moves fast. In just the last two years, **Maine, Minnesota, Maryland, Delaware, and Colorado** all started new programs — some with phased-in contributions and benefits that take years to fully roll out. Other states have proposed but not enacted legislation, and ballot measures regularly change the picture. Confirm the current state of your state's program at the linked official page before relying on any specific number above. NestReady's planner pulls in your state and surfaces the right paperwork at the right week of your pregnancy — so this guide turns into a real checklist. [Start your plan, free →](/auth/signup)