Paid Family and Medical Leave in the United States

Changes from June 13, 2022 to February 28, 2023

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Paid Family and Medical Leave in the
~~June 13, 2022~~February 28, 2023
United States
Sarah A. Donovan
Paid family and medical leave (PFML) refers to partially or fully compensated time away from Paid family and medical leave (PFML) refers to partially or fully compensated time away from
Specialist in Labor Policy Specialist in Labor Policy
work for specific and generally significant family caregiving needs, such as the arrival of a new work for specific and generally significant family caregiving needs, such as the arrival of a new

child or serious illness of a close family member, or an employee’s own serious medical needs. child or serious illness of a close family member, or an employee’s own serious medical needs.
In general, day-to-day needs for leave to attend to family matters (e.g., a school conference or In general, day-to-day needs for leave to attend to family matters (e.g., a school conference or

lapse in child care coverage), a minor illness, and preventive care are not included among family lapse in child care coverage), a minor illness, and preventive care are not included among family
and medical leave categories. and medical leave categories.
Although the Family and Medical Leave Act of 1993 (FMLA; P.L. 103-3) provides eligible workers with a federal Although the Family and Medical Leave Act of 1993 (FMLA; P.L. 103-3) provides eligible workers with a federal
entitlement to entitlement to unpaid leave for a limited set of family caregiving and medical needs, federal law does not require private- leave for a limited set of family caregiving and medical needs, federal law does not require private-
sector employers to provide sector employers to provide paid leave of any kind. Currently, employees may access paid family or medical leave if it is leave of any kind. Currently, employees may access paid family or medical leave if it is
offered by an employer or they may use leave insurance benefits (such as temporary disability insurance or, less commonly, offered by an employer or they may use leave insurance benefits (such as temporary disability insurance or, less commonly,
family leave insurance) to finance unpaid medical leave or family caregiving leave. family leave insurance) to finance unpaid medical leave or family caregiving leave. ~~In addition~~Also, workers in certain states may , workers in certain states may
be eligible for state family and medical leave insurance benefits that can provide some income support during periods of be eligible for state family and medical leave insurance benefits that can provide some income support during periods of
leave. leave.
Employer provision of PFML in the private sector is voluntary, although some states and localities require employers to Employer provision of PFML in the private sector is voluntary, although some states and localities require employers to
allow employees to accrue paid sick leave or paid time off that may, in some cases, be used for short family and medical allow employees to accrue paid sick leave or paid time off that may, in some cases, be used for short family and medical
absences. According to a national survey of employers conducted by the Bureau of Labor Statistics, absences. According to a national survey of employers conducted by the Bureau of Labor Statistics, 2324% of private-industry % of private-industry
employees had access to paid family leave (i.e., parental leave and family caregiving leave) through their employers in March employees had access to paid family leave (i.e., parental leave and family caregiving leave) through their employers in March
~~2021~~2022, and , and 4243% had access to employer-supported short-term disability insurance policies. The availability of these benefits % had access to employer-supported short-term disability insurance policies. The availability of these benefits
was more prevalent among professional and technical occupations and industries, high-paying occupations, full-time was more prevalent among professional and technical occupations and industries, high-paying occupations, full-time
workers, and workers in large companies (as measured by number of employees). Announcements by several large workers, and workers in large companies (as measured by number of employees). Announcements by several large
companies in recent years indicate that access may be increasing among certain groups of workers. companies in recent years indicate that access may be increasing among certain groups of workers.
In addition, 12 states (including the District of Columbia) have enacted legislation to create state paid family and medical In addition, 12 states (including the District of Columbia) have enacted legislation to create state paid family and medical
leave insurance programs, which provide cash benefits to eligible workers who engage in certain caregiving activities or for leave insurance programs, which provide cash benefits to eligible workers who engage in certain caregiving activities or for
whom a serious medical issue interferes with their regular work duties. As of whom a serious medical issue interferes with their regular work duties. As of ~~May 2022~~February 2023, eight states operate such programs, , eight states operate such programs,
which offer 8 to 52 weeks of total benefits to eligible workers in a benefit year (in those states, total family leave insurance which offer 8 to 52 weeks of total benefits to eligible workers in a benefit year (in those states, total family leave insurance
benefits are limited to 5 to 12 weeks). Four other states have enacted laws creating such programs, but they are not yet benefits are limited to 5 to 12 weeks). Four other states have enacted laws creating such programs, but they are not yet
implemented and paying benefits.implemented and paying benefits.
~~Many advanced-economy countries~~ New Hampshire enacted legislation to create a paid family and medical leave insurance plan that may be purchased, voluntarily, by employers or certain employees. Many advanced economies entitle workers to some form of compensated family and medical leave. Whereas some entitle workers to some form of compensated family and medical leave. Whereas some
provide for leave to employees engaged in family caregiving (e.g., of parents, spouses, and other family members), many provide for leave to employees engaged in family caregiving (e.g., of parents, spouses, and other family members), many
emphasize leave for new parents, mothers in particular. As of emphasize leave for new parents, mothers in particular. As of ~~2020~~2022, the United States is the only , the United States is the only ~~Organisation~~Organization for Economic for Economic
Co-operation and Development (OECD) member country to not provide for paid leave to new mothers employed in the Co-operation and Development (OECD) member country to not provide for paid leave to new mothers employed in the
private sector. A smaller majority of member countries provides benefits to fathers and other non-birth parents. Caregiving private sector. A smaller majority of member countries provides benefits to fathers and other non-birth parents. Caregiving
benefits of some type are provided in nearly 75% of OECD countries. Few OECD member countries do not provide a benefits of some type are provided in nearly 75% of OECD countries. Few OECD member countries do not provide a
medical leave benefit (either through social insurance, an employer mandate, or both) for absences resulting from workers’ medical leave benefit (either through social insurance, an employer mandate, or both) for absences resulting from workers’
serious medical needs. serious medical needs.
There is currently a tax incentive in the United States for employers that provide qualifying paid family and medical leave to There is currently a tax incentive in the United States for employers that provide qualifying paid family and medical leave to
certain employees. This incentive is temporary, and is scheduled to expire at the end of 2025. Proposals to expand national certain employees. This incentive is temporary, and is scheduled to expire at the end of 2025. Proposals to expand national
access to paid family and medical leave have been introduced in access to paid family and medical leave have been introduced in ~~the 117th Congress~~recent congresses. For example, . For example, ~~the~~ in the 117th Congress, the Build Back Better Act Build Back Better Act
(H.R. 5376) proposed, among other things, a new federal cash benefit for eligible individuals engaged in certain types of (H.R. 5376) proposed, among other things, a new federal cash benefit for eligible individuals engaged in certain types of
family and medical caregivingfamily and medical caregiving; the cash benefit was not included in the enacted version of the bill (P.L. 117-169). Using a different approach, the Expanding Small Employer Pooling Options for Paid Family . Using a different approach, the Expanding Small Employer Pooling Options for Paid Family
Leave Act of 2021 (H.R. 5161) Leave Act of 2021 (H.R. 5161) ~~proposed to allow~~would have allowed multiple employer welfare arrangements that may potentially create multiple employer welfare arrangements that may potentially create
additional opportunities for certain employers to pool risk and affect the costs of providing such benefits. additional opportunities for certain employers to pool risk and affect the costs of providing such benefits.
This report provides an overview of PFML in the United States, summarizes state-level family and medical leave insurance This report provides an overview of PFML in the United States, summarizes state-level family and medical leave insurance
program provisions, reviews PFML policies in other advanced-economy countries, and describes recent federal legislative program provisions, reviews PFML policies in other advanced-economy countries, and describes recent federal legislative
action to increase access to paid family leave. action to increase access to paid family leave.
Congressional Research Service Congressional Research Service

link to page 46 link to page 46 Paid Family and Medical Leave in the United States

Contacts
Author Information ........................................................................................................................ 42

Congressional Research Service Congressional Research Service

Paid Family and Medical Leave in the United States

Introduction
Paid family and medical leave (PFML) refers to partially or fully compensated time away from Paid family and medical leave (PFML) refers to partially or fully compensated time away from
work for specific and generally significant family caregiving needs (work for specific and generally significant family caregiving needs (paid family leave) or for the ) or for the
employee’s own serious medical condition (employee’s own serious medical condition (paid medical leave). Family caregiving needs include ). Family caregiving needs include
those such as the arrival of a new child or serious illness of a close family member. Medical those such as the arrival of a new child or serious illness of a close family member. Medical
conditions that may qualify for medical leave generally must be severe enough to require medical conditions that may qualify for medical leave generally must be severe enough to require medical
intervention and interfere with a worker’s performance of key job responsibilities. Although the intervention and interfere with a worker’s performance of key job responsibilities. Although the
Family and Medical Leave Act of 1993 (FMLA; P.L. 103-3, as amended) provides eligible Family and Medical Leave Act of 1993 (FMLA; P.L. 103-3, as amended) provides eligible
workers with a federal entitlement to unpaid leave for a limited set of family caregiving needs, workers with a federal entitlement to unpaid leave for a limited set of family caregiving needs,
federal law does not require private-sector employers to provide federal law does not require private-sector employers to provide paid leave of any kind.1 of any kind.1
Currently, employees may access PFML if offered by an employer.2 Employers that provide Currently, employees may access PFML if offered by an employer.2 Employers that provide
PFML may qualify for a federal tax credit (the Employer Credit for Paid Family and Medical PFML may qualify for a federal tax credit (the Employer Credit for Paid Family and Medical
Leave). The tax credit is up to 25% of paid leave wages paid to qualifying employees, and is Leave). The tax credit is up to 25% of paid leave wages paid to qualifying employees, and is
designed to encourage employers to provide PFML to their employees by reducing the cost to designed to encourage employers to provide PFML to their employees by reducing the cost to
employers of providing such leave.3 Qualifying employees include those whose earnings do not employers of providing such leave.3 Qualifying employees include those whose earnings do not
exceed 60% of a “highly compensated employee” threshold (the tax credit earnings threshold is exceed 60% of a “highly compensated employee” threshold (the tax credit earnings threshold is
60% x $60% x $~~135~~150,000 = $,000 = $8190,000 in ,000 in ~~2022~~2023). The tax credit is available through December 2025. ). The tax credit is available through December 2025.
Some workers may use leave insurance benefits (such as temporary disability insurance or, less Some workers may use leave insurance benefits (such as temporary disability insurance or, less
commonly, family leave insurance4) to finance unpaid medical leave or family caregiving leave. commonly, family leave insurance4) to finance unpaid medical leave or family caregiving leave.
In addition, some states have created family and medical leave insurance programs, which In addition, some states have created family and medical leave insurance programs, which
provide cash benefits to eligible workers who engage in certain (state-identified) family provide cash benefits to eligible workers who engage in certain (state-identified) family
caregiving activities or who must be absent from work as a result of the worker’s own significant caregiving activities or who must be absent from work as a result of the worker’s own significant
medical needs.5 In these states, workers can mitigate lost earnings during periods of unpaid medical needs.5 In these states, workers can mitigate lost earnings during periods of unpaid
family and medical leave by combining an entitlement to unpaid leave with state-provided insurance benefits.
1 The Family and Medical Leave Act of 1993 (FMLA) allows employees to use 1 The Family and Medical Leave Act of 1993 (FMLA) allows employees to use employer-provided paid leave during during
periods of unpaid FMLA-entitled leave. An overview of FMLA is in CRS Report R44274, periods of unpaid FMLA-entitled leave. An overview of FMLA is in CRS Report R44274, The Family and Medical
Leave Act: An Overview of Title I, by Sarah A. Donovan. Workers who are covered by the Americans with Disabilities , by Sarah A. Donovan. Workers who are covered by the Americans with Disabilities
Act (ADA) may also qualify for unpaid leave in certain cases, and employers cannot apply separate rules governing Act (ADA) may also qualify for unpaid leave in certain cases, and employers cannot apply separate rules governing
paid leave for workers with and without disabilities. For more information see Equal Employment Opportunity paid leave for workers with and without disabilities. For more information see Equal Employment Opportunity
Commission, Commission, Employer-Provided Leave and the Americans with Disabilities Act, May 9, 2016, https://www.eeoc.gov/, May 9, 2016, https://www.eeoc.gov/
eeoc/publications/ada-leave.cfm. eeoc/publications/ada-leave.cfm.
2 The federal government, for example, became one such employer in December 2019 with the enactment of the 2 The federal government, for example, became one such employer in December 2019 with the enactment of the
FY2020 National Defense Authorization Act (FY2020 NDAA, P.L. 116-92). The FY2020 NDAA created a new paid FY2020 National Defense Authorization Act (FY2020 NDAA, P.L. 116-92). The FY2020 NDAA created a new paid
parental leave benefit (i.e., leave for the arrival of a new child and for bonding with that child) for most federal civil parental leave benefit (i.e., leave for the arrival of a new child and for bonding with that child) for most federal civil
service employees. The paid leave must be taken together with the federal employee’s FMLA entitlement. An overview service employees. The paid leave must be taken together with the federal employee’s FMLA entitlement. An overview
of the FY2020 NDAA, including information on the paid parental leave benefit is in CRS Report R46144, of the FY2020 NDAA, including information on the paid parental leave benefit is in CRS Report R46144, FY2020
National Defense Authorization Act: P.L. 116-92 (H.R. 2500, S. 1790), by Pat Towell. , by Pat Towell.
3 For more information see CRS In Focus IF11141, 3 For more information see CRS In Focus IF11141, Employer Tax Credit for Paid Family and Medical Leave, by Molly , by Molly
F. Sherlock. F. Sherlock.
4 4 ~~For example, certain employees in New Hampshire will soon be able to opt in to a family leave insurance program~~
~~operated by a commercial insurance carrier that is to cover New Hampshire state employees. Governor Chris Sununu,~~
~~“Full Steam Ahead: NH Releases Paid Family Medical Leave Request for Proposal (RFP),” press release, March 2022,~~
~~https://www.governor.nh.gov/news-and-media/full-steam-ahead-nh-releases-paid-family-medical-leave-rfp.~~ In April In April
2022, Virginia law established family leave insurance as a class of insurance in the state. The law defines family leave 2022, Virginia law established family leave insurance as a class of insurance in the state. The law defines family leave
insurance as an insurance policy issued to an employer and related to an employee benefit program to cover a portion insurance as an insurance policy issued to an employer and related to an employee benefit program to cover a portion
of earnings lost due to specified family care reasons. It provides that policies may be included in a short-term disability of earnings lost due to specified family care reasons. It provides that policies may be included in a short-term disability
policy (including as an amendment or rider to such a policy), or written as a separate group insurance policy purchased policy (including as an amendment or rider to such a policy), or written as a separate group insurance policy purchased
by an employer. Virginia General Assembly, Acts of Assembly, Ch. 131, approved April 7, 2022. by an employer. Virginia General Assembly, Acts of Assembly, Ch. 131, approved April 7, 2022.
5 In some states, medical leave is financed through state 5 In some states, medical leave is financed through state short-term disability insurance programs (sometimes called programs (sometimes called
temporary disability insurance (TDI), in this context). temporary disability insurance (TDI), in this context).
Congressional Research Service Congressional Research Service

1 1

link to page 16 link to page 16 Paid Family and Medical Leave in the United States

~~family and medical leave by combining an entitlement to unpaid leave with state-provided~~
~~insurance benefits.~~
~~Some congressional proposals introduced in the 117th Congress seek~~Some congressional proposals have sought to enhance national access to to enhance national access to
paid family and medical leave by expanding upon existing mechanisms (i.e., voluntary employer paid family and medical leave by expanding upon existing mechanisms (i.e., voluntary employer
provision or financing of leave through social insurance). For example, provision or financing of leave through social insurance). For example, in the 117th Congress, the Expanding Small the Expanding Small
Employer Pooling Options for Paid Family Leave Act of 2021 (H.R. 5161Employer Pooling Options for Paid Family Leave Act of 2021 (H.R. 5161~~, 117th Congress)~~
~~proposes to allow~~ ) would have allowed multiple employer welfare arrangements (MEWAs), as covered by the multiple employer welfare arrangements (MEWAs), as covered by the
Employee Retirement Income Security Act (ERISA; P.L. 93-406), to include family and medical Employee Retirement Income Security Act (ERISA; P.L. 93-406), to include family and medical
leave benefits, which may potentially create additional opportunities for certain employers to pool leave benefits, which may potentially create additional opportunities for certain employers to pool
risk and affect the costs of providing such benefits. Similar to the state leave insurance approach, risk and affect the costs of providing such benefits. Similar to the state leave insurance approach,
the Family and Medical Insurance Leave Act (FAMILY Act; H.R. 804 and S. 248, 117th Congress) the Family and Medical Insurance Leave Act (FAMILY Act; H.R. 804 and S. 248, 117th Congress)
~~proposes to create~~would have created a national wage insurance program for persons engaged in family caregiving a national wage insurance program for persons engaged in family caregiving
activities or who are unable to work as a result of their own serious health condition. activities or who are unable to work as a result of their own serious health condition.
Members of Congress who support increased access to paid leave generally cite as their Members of Congress who support increased access to paid leave generally cite as their
motivation the significant and growing difficulties some workers face when balancing work and motivation the significant and growing difficulties some workers face when balancing work and
family responsibilities, and the financial challenges faced by many working families that put family responsibilities, and the financial challenges faced by many working families that put
unpaid leave out of reach. Expected benefits of expanded access to PFML include stronger labor unpaid leave out of reach. Expected benefits of expanded access to PFML include stronger labor
force attachment for family caregivers and workers experiencing serious medical issues, and force attachment for family caregivers and workers experiencing serious medical issues, and
greater income stability for their families; and improvements to worker morale, job tenure, and greater income stability for their families; and improvements to worker morale, job tenure, and
other productivity-related factors. Some studies identify a relationship between paid leave and other productivity-related factors. Some studies identify a relationship between paid leave and
family well-being as measured by a range of outcomes (e.g., child health, mothers’ mental well-family well-being as measured by a range of outcomes (e.g., child health, mothers’ mental well-
being).6 Some Members have expressed concerns about being).6 Some Members have expressed concerns about ~~new policies~~proposals to expand access to paid to expand access to paid
family and medical leave citing the potentially high costs of such policies. Potential costs include family and medical leave citing the potentially high costs of such policies. Potential costs include
the financing of payments made to workers on leave, other expenses related to periods of leave the financing of payments made to workers on leave, other expenses related to periods of leave
(e.g., hiring a temporary replacement or productivity losses related to an absence), and (e.g., hiring a temporary replacement or productivity losses related to an absence), and
administrative costs. In the case of tax incentives, there is a cost in terms of forgone federal tax administrative costs. In the case of tax incentives, there is a cost in terms of forgone federal tax
revenue.7 The magnitude and distributions of costs and benefits would depend on how the policy revenue.7 The magnitude and distributions of costs and benefits would depend on how the policy
is implemented, including the size and duration of benefits, how benefits are financed, and other is implemented, including the size and duration of benefits, how benefits are financed, and other
policy factors. policy factors.
This report provides an overview of PFML in the United States, summarizes state-level family This report provides an overview of PFML in the United States, summarizes state-level family
and medical leave insurance program provisions, reviews PFML policies in other advanced-and medical leave insurance program provisions, reviews PFML policies in other advanced-
economy countries, and describes recent federal legislative action to increase access to paid economy countries, and describes recent federal legislative action to increase access to paid
family and medical leave. family and medical leave.
Paid Family and Medical Leave in the United States
Throughout their careers, many workers encounter a variety of medical needs and family Throughout their careers, many workers encounter a variety of medical needs and family
caregiving obligations that conflict with work time. Some of these are broadly experienced by caregiving obligations that conflict with work time. Some of these are broadly experienced by
working families but tend to be short in duration, such as episodic child care conflicts, school working families but tend to be short in duration, such as episodic child care conflicts, school
meetings and events, routine medical appointments, and minor illnesses experienced by the meetings and events, routine medical appointments, and minor illnesses experienced by the
employee or an immediate family member. Others are more significant in terms of their impact on employee or an immediate family member. Others are more significant in terms of their impact on
families and the amount of leave needed, but occur less frequently in the general worker families and the amount of leave needed, but occur less frequently in the general worker
population, such as the arrival of a new child or a serious medical condition that requires inpatient population, such as the arrival of a new child or a serious medical condition that requires inpatient

care or continuing treatment. Although all these needs for leave may be consequential for 6 For a discussion see the 6 For a discussion see the “Research on Paid Family and Medical Leave” section of this report. section of this report.
7 The tax credit for employer provided paid family and medical leave was estimated to reduce federal income tax 7 The tax credit for employer provided paid family and medical leave was estimated to reduce federal income tax
revenue by $4.3 billion when it was first enacted for 2018 and 2019 as part of P.L. 115-97. The 10-year budget window revenue by $4.3 billion when it was first enacted for 2018 and 2019 as part of P.L. 115-97. The 10-year budget window
estimate of the two-year tax credit can be found in Joint Committee on Taxation, estimate of the two-year tax credit can be found in Joint Committee on Taxation, Estimated Budget Effects Of The
Conference Agreement For H.R.1, The “Tax Cuts And Jobs Act,” JCX-67-17, December 18, 2017. JCX-67-17, December 18, 2017.
Congressional Research Service Congressional Research Service

2 2

link to page 11 link to page 11 link to page 11 link to page 11 Paid Family and Medical Leave in the United States

~~care or continuing treatment. Although all these needs for leave may be consequential for~~
working families, the term working families, the term family and medical leave is generally used to describe the latter, more is generally used to describe the latter, more
significant and disruptive group of needs that can require longer periods of time away from work. significant and disruptive group of needs that can require longer periods of time away from work.
As defined in recent federal proposals, family caregiving and medical needs that would be As defined in recent federal proposals, family caregiving and medical needs that would be
eligible for leave generally include the following: eligible for leave generally include the following:
 the arrival and care of a newborn child or a newly-placed adopted or fostered  the arrival and care of a newborn child or a newly-placed adopted or fostered
child (i.e., a “newly-arrived child”), child (i.e., a “newly-arrived child”),
 the serious medical needs of certain close family members, and  the serious medical needs of certain close family members, and
 the employee’s own serious medical needs that interfere with the performance of  the employee’s own serious medical needs that interfere with the performance of
his or her job duties.8 his or her job duties.8
In practice, day-to-day needs for leave to attend to family matters (e.g., a school conference or In practice, day-to-day needs for leave to attend to family matters (e.g., a school conference or
lapse in child care coverage), minor illness (e.g., common cold), or preventive care are not lapse in child care coverage), minor illness (e.g., common cold), or preventive care are not
generally included among family and medical leave categories.9 generally included among family and medical leave categories.9
Employer-Provided Paid Family Leave and Short-Term
Disability Insurance
Although federal law does not require private sector employers to provide paid family or medical Although federal law does not require private sector employers to provide paid family or medical
leave to their employees, some employers offer such paid leave to their employees as a voluntary leave to their employees, some employers offer such paid leave to their employees as a voluntary
benefit.10 Employers can provide the paid leave directly (i.e., by continuing to pay employees benefit.10 Employers can provide the paid leave directly (i.e., by continuing to pay employees
during period of leave), but financing potentially-long periods of leave can be cost prohibitive in during period of leave), but financing potentially-long periods of leave can be cost prohibitive in
some cases. As an alternative, some employers offer short-term disability insurance (STDI) to some cases. As an alternative, some employers offer short-term disability insurance (STDI) to
employees to reduce wage-loss during periods of unpaid medical leave (i.e., when employees are employees to reduce wage-loss during periods of unpaid medical leave (i.e., when employees are
unable to work due to a non-work-related injury or illness).11 Such policies can be purchased unable to work due to a non-work-related injury or illness).11 Such policies can be purchased
from commercial insurance companies, which pay cash benefits to covered employees when from commercial insurance companies, which pay cash benefits to covered employees when
certain conditions are met. certain conditions are met.
STDI reduces wage-loss (during periods of unpaid leave) related to a covered employee’s own STDI reduces wage-loss (during periods of unpaid leave) related to a covered employee’s own
medical needs, but does not pay benefits when an employee’s absence is related to caregiving, medical needs, but does not pay benefits when an employee’s absence is related to caregiving,
bonding with a new child, or the family military needs that are included in some definitions of bonding with a new child, or the family military needs that are included in some definitions of
family leave. STDI benefits may be claimed for pregnancy- or childbirth-related disabilities, and . STDI benefits may be claimed for pregnancy- or childbirth-related disabilities, and
as such may be used to finance a portion of maternity leave in some circumstances.12 Family
8 Some recent federal proposals would also 8 Some recent federal proposals would also ~~provide~~have provided paid leave or cash benefits to workers with certain military family paid leave or cash benefits to workers with certain military family
needs (e.g., the FAMILY Actneeds (e.g., the FAMILY Act, 117th Congress) or for needs related to the death of a family member (e.g., the Build Back Better Act, as ) or for needs related to the death of a family member (e.g., the Build Back Better Act, as
introduced in H.R. 5376 [117th Congress] on September 27, 2021). introduced in H.R. 5376 [117th Congress] on September 27, 2021).
9 Some federal proposals would increase access to other types of paid leave, such as paid sick leave that could be used 9 Some federal proposals would increase access to other types of paid leave, such as paid sick leave that could be used
for absences related to minor illness, routine care, and other needs. Proposed paid sick leave entitlements are often for absences related to minor illness, routine care, and other needs. Proposed paid sick leave entitlements are often
relatively short in duration. For example, the Healthy Families Act (H.R. 2465 and S. 1195, 117th Congress) would relatively short in duration. For example, the Healthy Families Act (H.R. 2465 and S. 1195, 117th Congress) would
~~require~~have required certain employers to allow their employees to earn 1 hour of leave per 30 hours of work, up to a maximum of certain employers to allow their employees to earn 1 hour of leave per 30 hours of work, up to a maximum of
56 hours per year. The bill would 56 hours per year. The bill would ~~allow~~have allowed employees to use such leave to attend to medical needs (including routine employees to use such leave to attend to medical needs (including routine
medical appointments), to attend a child’s school meeting, and for certain medical, legal or other needs related to medical appointments), to attend a child’s school meeting, and for certain medical, legal or other needs related to
domestic violence, sexual assault, or stalking, among other uses. domestic violence, sexual assault, or stalking, among other uses.
10 In some states, an employer’s provision of or contributions to 10 In some states, an employer’s provision of or contributions to short-term disability insurance (or (or temporary disability
insurance)—one mechanism workers can use to finance unpaid medical leave—is not voluntary. See the )—one mechanism workers can use to finance unpaid medical leave—is not voluntary. See the “State-Run
Family Leave, Medical Leave, and Temporary Disability Insurance Programs” section of this report for a discussion. section of this report for a discussion.
11 Workers’ compensation provides cash and medical benefits to workers who suffer a work-related injury or illness, 11 Workers’ compensation provides cash and medical benefits to workers who suffer a work-related injury or illness,
and benefits to the survivors of workers killed on the job. For discussion see CRS Report R44580, and benefits to the survivors of workers killed on the job. For discussion see CRS Report R44580, Workers’
Compensation: Overview and Issues, by Scott D. Szymendera. , by Scott D. Szymendera.
12 This is because maternity leave generally describes time off work for a combination of needs: (1) leave for a Congressional Research Service Congressional Research Service

3 3

link to page link to page 9 link to page 5 5 Paid Family and Medical Leave in the United States

~~as such may be used to finance a portion of maternity leave in some circumstances.12 Family~~
leave insurance (FLI), a newer concept, provides cash benefits to workers engaged in certain leave insurance (FLI), a newer concept, provides cash benefits to workers engaged in certain
caregiving activities. Currently, FLI is not broadly available from private insurance companies.13 caregiving activities. Currently, FLI is not broadly available from private insurance companies.13
As a result, many employers seeking to provide leave for family caregiving must provide the As a result, many employers seeking to provide leave for family caregiving must provide the
leave benefit directly (i.e., offer paid family leave). leave benefit directly (i.e., offer paid family leave).
According to a national survey of employers conducted by the Bureau of Labor Statistics (BLS), According to a national survey of employers conducted by the Bureau of Labor Statistics (BLS),
2324% of private-industry employees had access to paid family leave (separate from other leave % of private-industry employees had access to paid family leave (separate from other leave
categories) through their employer in March categories) through their employer in March ~~2021~~2022.14 The BLS survey defines paid family leave as .14 The BLS survey defines paid family leave as
leave provided specifically to care for a family member, parental leave (i.e., for a new child’s leave provided specifically to care for a family member, parental leave (i.e., for a new child’s
arrival), and maternity leave that is granted in addition to any sick leave, annual leave, vacation, arrival), and maternity leave that is granted in addition to any sick leave, annual leave, vacation,
personal leave, or short-term disability leave that is available to the employee. BLS does not personal leave, or short-term disability leave that is available to the employee. BLS does not
collect information on employer-provided collect information on employer-provided paid medical leave, but does estimate access to , but does estimate access to
employer-supported STDI.15 In March employer-supported STDI.15 In March ~~2021, 42~~2022, 43% of private sector employees had access to STDI % of private sector employees had access to STDI
policies that were financed fully or in-part by their employers. STDI benefits often replace a set policies that were financed fully or in-part by their employers. STDI benefits often replace a set
percentage of an employee’s earnings, sometimes up to a maximum weekly benefit amount (e.g., percentage of an employee’s earnings, sometimes up to a maximum weekly benefit amount (e.g.,
a policy might replace 50% of earnings lost while the employee is unable to work up to $600 per a policy might replace 50% of earnings lost while the employee is unable to work up to $600 per
week); in other cases the wage replacement rate may vary by workers’ annual earnings or workers week); in other cases the wage replacement rate may vary by workers’ annual earnings or workers
may receive a flat dollar amount (e.g., $200 per week). BLS reports that among workers who may receive a flat dollar amount (e.g., $200 per week). BLS reports that among workers who
receive a fixed percentage of lost earnings (receive a fixed percentage of lost earnings (7273% of those private industry workers with STDI % of those private industry workers with STDI
coverage), the median fixed percentage was 60%. Of those subject to a maximum weekly benefit, coverage), the median fixed percentage was 60%. Of those subject to a maximum weekly benefit,
the median maximum benefit was $the median maximum benefit was $~~881~~993 per week. The median number of benefit weeks available per week. The median number of benefit weeks available
to employees with access to STDI plans was 26 weeks.16 to employees with access to STDI plans was 26 weeks.16

~~12 This is because maternity leave generally describes time off work for a combination of needs: (1) leave for a~~
As shown in Table 1, employee access to employer-provided paid family leave and employer-supported STDI is not uniform across occupations and industries, and varies widely across wage groups. In particular, access was more prevalent among managerial and professional occupations; mother’s physical recovery from childbirth, and (2) time to care for and bond with a new child. The first is technically mother’s physical recovery from childbirth, and (2) time to care for and bond with a new child. The first is technically
medical or disability-related leave, as it is leave from work for the mother’s own incapacitation. STDI benefits may be medical or disability-related leave, as it is leave from work for the mother’s own incapacitation. STDI benefits may be
paid to a pregnant woman or new mother under these circumstance, but are not available to non-birth parents (e.g., paid to a pregnant woman or new mother under these circumstance, but are not available to non-birth parents (e.g.,
fathers, parents of adopted children). The second component of maternity leave is considered family or caregiving fathers, parents of adopted children). The second component of maternity leave is considered family or caregiving
leave, taken to care for or bond with the newly-arrived child, and is not covered by STDI. leave, taken to care for or bond with the newly-arrived child, and is not covered by STDI.
13 Some states with leave insurance programs allow employers to purchase private leave insurance plans—including 13 Some states with leave insurance programs allow employers to purchase private leave insurance plans—including
plans that cover family leave insurance claims—and New York state plans that cover family leave insurance claims—and New York state requires that employers purchase such privately- that employers purchase such privately-
insured coverage. If interest from employers in private plans is sufficiently large, the availability of private FLI policies insured coverage. If interest from employers in private plans is sufficiently large, the availability of private FLI policies
may increase (i.e., such that employers in states without leave insurance programs may purchase FLI policies). See may increase (i.e., such that employers in states without leave insurance programs may purchase FLI policies). See
footnofootnote 4 for information on a change in Virginia law that may increase employers’ access to commercial FLI policies or information on a change in Virginia law that may increase employers’ access to commercial FLI policies
in that state. As of in that state. As of ~~2022~~2023, the market is too small to be reported as a separate line of insurance (i.e., it is subsumed in , the market is too small to be reported as a separate line of insurance (i.e., it is subsumed in
other lines of insurance) when reported to insurance regulators. other lines of insurance) when reported to insurance regulators.
14 The BLS-measure is inclusive of paid maternity- or paternity- only plans (i.e., it may be the case the share of private 14 The BLS-measure is inclusive of paid maternity- or paternity- only plans (i.e., it may be the case the share of private
sector workers with access to employer-provided paid leave to care for a seriously-ill spouse was less than sector workers with access to employer-provided paid leave to care for a seriously-ill spouse was less than 2324% in % in
March March ~~2021~~2022). An employer that makes a full or partial payment towards an insurance plan (including a state leave ). An employer that makes a full or partial payment towards an insurance plan (including a state leave
insurance plan covering family leave) is considered by BLS to provide paid family leave. If there is no employer insurance plan covering family leave) is considered by BLS to provide paid family leave. If there is no employer
contribution to the plan (employee-paid only), then such an insurance plan is not considered to be an employer-contribution to the plan (employee-paid only), then such an insurance plan is not considered to be an employer-
provided benefit. provided benefit.
15 BLS also collects information on employer-provided 15 BLS also collects information on employer-provided paid sick leave, which may be used for needs that would qualify , which may be used for needs that would qualify
for medical leave (e.g., an overnight hospital stay) and for a broader set of needs as well (e.g., minor ailments, annual for medical leave (e.g., an overnight hospital stay) and for a broader set of needs as well (e.g., minor ailments, annual
physical). Whereas federal proposals seek to provide several weeks or months of paid medical leave, employer-physical). Whereas federal proposals seek to provide several weeks or months of paid medical leave, employer-
provided sick leave tends to be one week or less per year. BLS estimates that 77% of private sector workers had access provided sick leave tends to be one week or less per year. BLS estimates that 77% of private sector workers had access
to employer-provided paid sick leave in March to employer-provided paid sick leave in March ~~2021~~2022; the median number of days that could be earned in a given year ; the median number of days that could be earned in a given year
was six (among those limited to a fixed number of sick days per year). BLS, was six (among those limited to a fixed number of sick days per year). BLS, National Compensation Survey: Employee
Benefits in the United States, March ~~2021~~2022, September , September ~~2021~~2022. .
16 The 90th percentile value was also 26 weeks, suggesting that STDI plans offering more than 26 weeks of benefits 16 The 90th percentile value was also 26 weeks, suggesting that STDI plans offering more than 26 weeks of benefits
were relatively rare. were relatively rare. ~~Ninety percent of workers with access to plans had at least 12 weeks of benefits and 75% had at~~
~~least 13 weeks of benefits.~~
Congressional Research Service Congressional Research Service

4 4

link to page 9 link to page 9 ~~link to page 9~~ Paid Family and Medical Leave in the United States

~~As shown in Table 1, employee access to employer-provided paid family leave and employer-~~
~~supported STDI is not uniform across occupations and industries, and varies widely across wage~~
~~groups. In particular, access was more prevalent among managerial and professional occupations;~~
~~information, financial, and professional and~~ information, financial, and professional, scientific, and technical service industries; high-paying occupations; technical service industries; high-paying occupations;
full-time workers; and workers in relatively large companies (as measured by number of full-time workers; and workers in relatively large companies (as measured by number of
employees). Announcements by several large companies suggest that access to related types of employees). Announcements by several large companies suggest that access to related types of
paid leave may be increasing among certain groups of workers.17 This may be partially-reflected paid leave may be increasing among certain groups of workers.17 This may be partially-reflected
in BLS statistics which indicate a in BLS statistics which indicate a 56 percentage point increase in private sector workers’ access to percentage point increase in private sector workers’ access to
paid family leave between March 2019 (18%) and March paid family leave between March 2019 (18%) and March ~~2021 (23~~2022 (24%).18 However, access rates %).18 However, access rates
did not increase for all groups over this period (e.g., the share of private sector workers in the did not increase for all groups over this period (e.g., the share of private sector workers in the
leisure and hospitality industry with access to employer-provided paid family leave fell from 11% leisure and hospitality industry with access to employer-provided paid family leave fell from 11%
in March 2019 to in March 2019 to 910% in March % in March ~~2021~~2022; trend not shown i; trend not shown in Table 1). The share of all private sector . The share of all private sector
employees with access to employer-supported STDI employees with access to employer-supported STDI ~~did not increase~~increased by one percentage point over that time period; it was over that time period; it was
42% in March 2019 and 42% in March 2019 and 43% in March March ~~2021~~2022. .
Table 1. Private Sector Workers with Access to Employer-Provided Paid Family
Leave and Employer-Supported Short-Term Disability Insurance, March ~~2021~~2022
Employer-Supported
Employer-Provided
Short-Term Disability
Paid Family Leave
Insurance
Category
(% of workers)
(% of workers)
All Workers All Workers
2324% %
4243% %
By Occupation By Occupation

~~Management, professional, and related~~
~~37%~~
~~57%~~
~~Service~~
~~13%~~
~~22%~~
~~Sales and office~~
~~25%~~
41Service 14% 23% Production, transportation, and material moving 14% 48% Natural resources, construction, and maintenance 16% 37% %

17 Among 17 Among ~~new~~ company policies announced in recent years, some emphasize parental leave (i.e., leave taken by company policies announced in recent years, some emphasize parental leave (i.e., leave taken by
mothers and fathers in connection with the arrival of a new child), and others offer broader uses of leave. Examples of mothers and fathers in connection with the arrival of a new child), and others offer broader uses of leave. Examples of
companies that offer paid leave benefits for broader purposes include companies that offer paid leave benefits for broader purposes include Liberty Mutual Insurance, which in 2023 announced expanding bereavement leave to cover miscarriages; Google, which in 2022~~Google, which recently~~ increased the number of increased the number of
weeks of leave available to employees who give birth from 18 to 24, the number of weeks of parental leave for non-weeks of leave available to employees who give birth from 18 to 24, the number of weeks of parental leave for non-
birthing parents from 12 to 18, and the number of weeks for caregiver leave from 4 to 8; Goldman Sachs, which, in birthing parents from 12 to 18, and the number of weeks for caregiver leave from 4 to 8; Goldman Sachs, which, in
addition to preexisting family leave policies, now offers 5 days of paid bereavement leave for a non-immediate family addition to preexisting family leave policies, now offers 5 days of paid bereavement leave for a non-immediate family
member, 20 days of paid leave for the loss of an immediate family member, and 20 days of paid leave if the employee, member, 20 days of paid leave for the loss of an immediate family member, and 20 days of paid leave if the employee,
employee’s spouse, or surrogate experiences a miscarriage or stillbirth; Levi Strauss & Co.’s, which offers employees 8 employee’s spouse, or surrogate experiences a miscarriage or stillbirth; Levi Strauss & Co.’s, which offers employees 8
weeks of paid family leave to care for family members with serious health conditions in addition to 8 weeks of paid weeks of paid family leave to care for family members with serious health conditions in addition to 8 weeks of paid
leave to care for a new child; the U.S. Steel Corporation, which offers non-union ("non-represented”) employees 8 leave to care for a new child; the U.S. Steel Corporation, which offers non-union ("non-represented”) employees 8
weeks of paid time off for a new child (in addition to 6-8 weeks of short-term disability for birth mothers), extended weeks of paid time off for a new child (in addition to 6-8 weeks of short-term disability for birth mothers), extended
bereavement leave (up to 15 days) for the death of an immediate family member, and the ability to purchase additional bereavement leave (up to 15 days) for the death of an immediate family member, and the ability to purchase additional
vacation vacation days. Liberty Mutual Insurance’s policy change was reported at https://www.bloomberg.com/news/newsletters/2023-01-12/employee-benefits-some-companies-offer-paid-time-off-for-miscarriage; ~~days.~~ Google’s policy change announcement was reported in several newspapers, including at Google’s policy change announcement was reported in several newspapers, including at
https://www.businessinsider.com/google-increases-vacation-days-and-parental-leave-for-employees-benefits-2022-1; https://www.businessinsider.com/google-increases-vacation-days-and-parental-leave-for-employees-benefits-2022-1;
Godman Sachs’s policy change was reported at https://www.wsj.com/articles/goldman-sachs-rolls-out-new-worker-Godman Sachs’s policy change was reported at https://www.wsj.com/articles/goldman-sachs-rolls-out-new-worker-
benefits-to-combat-employee-burnout-11638210617; Levi Strauss & Co. announced its new policy at https://www.benefits-to-combat-employee-burnout-11638210617; Levi Strauss & Co. announced its new policy at https://www.
levistrauss.com/2020/02/27/levi-strauss-co-introduces-paid-family-leave/; U.S. Steel Corporation announced its new levistrauss.com/2020/02/27/levi-strauss-co-introduces-paid-family-leave/; U.S. Steel Corporation announced its new
policy on March 21, 2019 at https://www.ussteel.com/media/newsroom/-/blogs/u-s-steel-announces-enhanced-benefits-policy on March 21, 2019 at https://www.ussteel.com/media/newsroom/-/blogs/u-s-steel-announces-enhanced-benefits-
for-workforce. for-workforce.
18 The increase in access to paid family leave between March 2019 and March 18 The increase in access to paid family leave between March 2019 and March ~~2021~~2022 may also reflect may also reflect, in part, a a compositional compositional
change in the employment, resulting from the disproportionate impacts of the COVID-19 pandemic on certain groups change in the employment, resulting from the disproportionate impacts of the COVID-19 pandemic on certain groups
of workers, such as those employed in the leisure and hospitality sector, who tend to have relatively low access to paid of workers, such as those employed in the leisure and hospitality sector, who tend to have relatively low access to paid
leave. Disproportionate job loss among such groups can raise the share of workers with access to paid leave even if leave. Disproportionate job loss among such groups can raise the share of workers with access to paid leave even if
employer policies do not change (i.e., because a portion of workers without such access to the benefit are no longer employer policies do not change (i.e., because a portion of workers without such access to the benefit are no longer
included among employed workers).included among employed workers).
The BLS estimates that employment in the leisure and hospitality sector in March 2022 was 5.6% below such employment in March 2019. BLS, Current Employment Survey, All Employees, Thousands, Leisure and Hospitality, (Seasonally Adjusted), series ID CES7000000001. Congressional Research Service Congressional Research Service

5 5

Paid Family and Medical Leave in the United States

Employer-Supported
Employer-Provided
Short-Term Disability
Paid Family Leave
Insurance
Category
(% of workers)
(% of workers)
~~Natural resources, construction, and maintenance~~
~~15%~~
~~36%~~
~~Production, transportation, and material moving~~
~~13%~~
48Sales and office 26% 41% Management, professional, and related 39% 59% %
By Industry By Industry

~~Construction~~
~~12%~~
~~28%~~
~~Manufacturing~~
~~21%~~
~~64%~~
~~Trade, Transportation, and Utilities~~
~~21%~~
~~42%~~
~~Information~~
~~45%~~
~~71%~~
~~Financial Activities~~
~~41%~~
~~67%~~
~~Professional and Technical Services~~
~~37%~~
~~61%~~
~~Administrative and Waste Services~~
9%
~~20%~~
~~Education and Health Services~~
~~28%~~
~~35%~~
~~Leisure and Hospitality~~
9%
~~18%~~
~~Other Services~~
~~15%~~
29Leisure and Hospitality 10% 19% Construction 12% 30% Administrative and Support and Waste 13% 23% Management and Remediation Services Other Services (except Public Administration) 19% 32% Trade, Transportation, and Utilities 21% 42% Manufacturing 23% 63% Education and Health Services 29% 38% Professional, Scientific, and Technical Services 41% 63% Financial Activities 41% 67% Information 51% 74% %
By Average Occupational-Wage Distribution By Average Occupational-Wage Distribution

Bottom 25% Bottom 25%
12% 12%
1921% %
Second 25% Second 25%
2123% %
4241% %
Third 25% Third 25%
2526% %
4851% %
Top 25% Top 25%
3740% %
6465% %
By Hours of Work Status By Hours of Work Status

~~Ful~~ Part-time -time
2712% %
5019% %
~~Part~~Ful -time -time
1128% %
1851% %
By Establishment Size By Establishment Size

1 to 99 employees 1 to 99 employees
1718% %
31% 31%
100 to 499 employees 100 to 499 employees
2829% %
5154% %
500 or more employees 500 or more employees
3536% %
64% 64%
Source: Bureau of Labor Statistics (BLS), Bureau of Labor Statistics (BLS), ~~2021~~2022 Employee Benefits Survey, September , September ~~2021, Table 17 (insurance)~~
~~and Table 33 (paid leave)~~2022. .
Notes: The BLS survey defines paid family leave as leave “granted to an employee to care for a family member The BLS survey defines paid family leave as leave “granted to an employee to care for a family member
and includes paid maternity and paternity leave. The leave may be available to care for a newborn child, an and includes paid maternity and paternity leave. The leave may be available to care for a newborn child, an
adopted child, a sick child, or a sick adult relative. Paid family leave is given in addition to any sick leave, vacation, adopted child, a sick child, or a sick adult relative. Paid family leave is given in addition to any sick leave, vacation,
personal leave, or short-term disability leave that is available to the employee.” The BLS survey defines short-personal leave, or short-term disability leave that is available to the employee.” The BLS survey defines short-
term disability plans as those that “provide benefits for non-work-related il nesses or accidents on a per-disability term disability plans as those that “provide benefits for non-work-related il nesses or accidents on a per-disability
basis, typically for a 6-month to 12-month period. Benefits are paid as a percentage of employee earnings or as a basis, typically for a 6-month to 12-month period. Benefits are paid as a percentage of employee earnings or as a
flat dol ar amount. Short-term disability insurance (STDI) benefits vary with the amount of pre-disability earnings, flat dol ar amount. Short-term disability insurance (STDI) benefits vary with the amount of pre-disability earnings,
length of service with the establishment, or length of disability.” An employer that makes a ful or partial payment length of service with the establishment, or length of disability.” An employer that makes a ful or partial payment
towards a STDI plan is considered by BLS to provide employer-supported STDI. If there is no employer towards a STDI plan is considered by BLS to provide employer-supported STDI. If there is no employer
contribution to the plan (i.e., if it is entirely employee-financed), then such an insurance plan is not considered to contribution to the plan (i.e., if it is entirely employee-financed), then such an insurance plan is not considered to
be employer-supported STDI. Employees may also be able to use other forms of paid leave not shown in this be employer-supported STDI. Employees may also be able to use other forms of paid leave not shown in this
table (e.g., vacation time), or a combination of them, to provide care to a family member or for their own table (e.g., vacation time), or a combination of them, to provide care to a family member or for their own
medical needs. medical needs.
Congressional Research Service Congressional Research Service

6 6

Paid Family and Medical Leave in the United States

A 2017 study by the Pew Research Center (Pew) examined U.S. perceptions of and experiences A 2017 study by the Pew Research Center (Pew) examined U.S. perceptions of and experiences
with paid family and medical leave and provides insights into the need for such leave among U.S. with paid family and medical leave and provides insights into the need for such leave among U.S.
workers and its availability for those who need it.19 Pew workers and its availability for those who need it.19 Pew ~~reports~~reported, for example, that 27% of persons , for example, that 27% of persons
who were employed for pay between November 2014 and November 2016 took leave (paid and who were employed for pay between November 2014 and November 2016 took leave (paid and
unpaid) for family caregiving reasons or their own serious health condition over that time period, unpaid) for family caregiving reasons or their own serious health condition over that time period,
and another 16% had a need for such leave but were not able to take it.20 Among workers who and another 16% had a need for such leave but were not able to take it.20 Among workers who
were able to use leave, 47% received full pay, 36% received no pay, and 16% received partial pay. were able to use leave, 47% received full pay, 36% received no pay, and 16% received partial pay.
Consistent with BLS data, the Pew study indicates that lower-paid workers have less access to Consistent with BLS data, the Pew study indicates that lower-paid workers have less access to
paid leave; among leave takers, 62% of workers in households with less than $30,000 in total paid leave; among leave takers, 62% of workers in households with less than $30,000 in total
annual earnings reported they received no pay during leave, whereas this figure was 26% among annual earnings reported they received no pay during leave, whereas this figure was 26% among
those with total annual household incomes at or above $75,000. those with total annual household incomes at or above $75,000.
The Pew survey reveals differences in access to family and medical leave across demographic The Pew survey reveals differences in access to family and medical leave across demographic
groups. For example, 26% of Black workers and 23% of Hispanic workers indicated that there groups. For example, 26% of Black workers and 23% of Hispanic workers indicated that there
was a time in the two years before the interview they needed or wanted time off (paid or unpaid) was a time in the two years before the interview they needed or wanted time off (paid or unpaid)
for family or medical reasons and were not able to take it; by contrastfor family or medical reasons and were not able to take it; by contrast, 13% of White workers 13% of White workers
reported they were unable to take such leave. Relatedly, among those who did take leave, reported they were unable to take such leave. Relatedly, among those who did take leave,
Hispanic leave-takers were more likely than Black or White workers to report they took leave Hispanic leave-takers were more likely than Black or White workers to report they took leave
with no pay.21 with no pay.21
State-Run Family Leave, Medical Leave, and Temporary Disability
Insurance Programs
Some states have enacted legislation to create state leave insurance programs, which provide cash Some states have enacted legislation to create state leave insurance programs, which provide cash
benefits to eligible workers who take time away from work to engage in certain caregiving benefits to eligible workers who take time away from work to engage in certain caregiving
activities and for qualifying medical reasons. As of activities and for qualifying medical reasons. As of ~~May 2022~~February 2023, eight states (including the District , eight states (including the District
of Columbia [DC])—California, Connecticut, DC, Massachusetts, New Jersey, New of Columbia [DC])—California, Connecticut, DC, Massachusetts, New Jersey, New York, Rhode Island, and Washington—have active programs.22 Four additional programs—those ~~York, Rhode~~

19 Juliana Horowitz, Kim Parker, Nikki Graf, and Gretchen Livingston, 19 Juliana Horowitz, Kim Parker, Nikki Graf, and Gretchen Livingston, Americans Widely Support Paid Family and
Medical Leave, but Differ Over Specific Policies, Pew Research Center, March 2017, http://pewresearch.org; , Pew Research Center, March 2017, http://pewresearch.org;
hereinafter “Horowitz et al., 2017.” Pew’s findings are based on two large-scale, nationally representative surveys. The hereinafter “Horowitz et al., 2017.” Pew’s findings are based on two large-scale, nationally representative surveys. The
first survey collected data from the general population, and is used to measure U.S. attitudes toward and perceptions of first survey collected data from the general population, and is used to measure U.S. attitudes toward and perceptions of
paid family leave, as well as the availability of leave for those who had a recent (i.e., within the last two years) need for paid family leave, as well as the availability of leave for those who had a recent (i.e., within the last two years) need for
family or medical leave. The second survey collected information from individuals who had a recent need for family or family or medical leave. The second survey collected information from individuals who had a recent need for family or
medical leave, and is used to study leave-taking in detail (e.g., economic and demographic characteristics of workers medical leave, and is used to study leave-taking in detail (e.g., economic and demographic characteristics of workers
who were able and unable to meet their needs for leave, reasons the workers needed leave, duration of leave when who were able and unable to meet their needs for leave, reasons the workers needed leave, duration of leave when
taken, and the percentage of pay provided to those who were able to take leave). taken, and the percentage of pay provided to those who were able to take leave).
20 These survey results are summarized on page 52 of Horowitz et al., 2017. For workers who took family and medical 20 These survey results are summarized on page 52 of Horowitz et al., 2017. For workers who took family and medical
leave and those who had such a need but were unable to take leave, the areas of greatest demand were for leave to care leave and those who had such a need but were unable to take leave, the areas of greatest demand were for leave to care
for the worker’s own serious health condition and for leave to care for a family member with a serious health condition. for the worker’s own serious health condition and for leave to care for a family member with a serious health condition.
The survey questionnaire defines a The survey questionnaire defines a serious health condition as “a condition or illness that lasted at least a week and as “a condition or illness that lasted at least a week and
required treatment by a health care provider … required an overnight hospital stay … [or] was long-lasting, requiring required treatment by a health care provider … required an overnight hospital stay … [or] was long-lasting, requiring
treatment by a health care provider at least twice a year.” See https://www.pewsocialtrends.org/dataset/family-and-treatment by a health care provider at least twice a year.” See https://www.pewsocialtrends.org/dataset/family-and-
medical-leave-study/. medical-leave-study/.
21 This finding is consistent with research by Ann Bartel et al., (2019), who also find that “Hispanic workers have lower 21 This finding is consistent with research by Ann Bartel et al., (2019), who also find that “Hispanic workers have lower
rates of paid-leave access and use than their White non-Hispanic counterparts.” Ann Bartel, Soohyn Kim, Jaehyun rates of paid-leave access and use than their White non-Hispanic counterparts.” Ann Bartel, Soohyn Kim, Jaehyun
Nam, Maya Rossin-Slater, Christopher Ruhm, and Jane Waldfogel, “Racial and ethnic disparities in access to and use Nam, Maya Rossin-Slater, Christopher Ruhm, and Jane Waldfogel, “Racial and ethnic disparities in access to and use
of paid family and medical leave: evidence from four nationally representative datasets,” of paid family and medical leave: evidence from four nationally representative datasets,” Monthly Labor Review, ,
January 2019, https://www.bls.gov/opub/mlr/2019/article/pdf/racial-and-ethnic-disparities-in-access-to-and-use-of-January 2019, https://www.bls.gov/opub/mlr/2019/article/pdf/racial-and-ethnic-disparities-in-access-to-and-use-of-
paid-family-and-medical-leave.pdf. paid-family-and-medical-leave.pdf.
22 Hawaii and Puerto Rico require employers to provide short-term disability insurance but not family leave insurance to their employees, and as such are not included in this discussion. New Hampshire is to allow private sector employers Congressional Research Service Congressional Research Service

7 7

link to page 12 link to page 15 link to page link to page 12 link to page 15 link to page 2425 link to page link to page 2425 link to page 5 link to page 5

Paid Family and Medical Leave in the United States

~~Island, and Washington—have active programs.22 Four additional programs—those~~ in Colorado, in Colorado,
Delaware, Maryland, and Oregon—await implementation.23Delaware, Maryland, and Oregon—await implementation.23
~~In May 2022~~ Participation in these state-run leave insurance programs is mandatory (i.e., covered employers may not opt-out of these programs).24 In February 2023, total benefits available in a benefit year (typically a 12-month period) under , total benefits available in a benefit year (typically a 12-month period) under ~~the~~a
state leave insurance program to eligible claimants ranged from state leave insurance program to eligible claimants ranged from ~~8 to 52~~ 12 to 52 weeks (Figure 1). Selected . Selected
information on state leave insurance benefits is displayed iinformation on state leave insurance benefits is displayed in Figure 2 and Table A-1 provides a provides a
summary of key provisions of state leave insurance laws. summary of key provisions of state leave insurance laws.
Figure 1. Weeks of Total Benefits Available in a Benefit Year under State Leave
Insurance Programs, ~~May 2022~~February 2023

Source: CRS based on information in CRS based on information in Table A-1 on state leave insurance laws. on state leave insurance laws.
Notes: The figure provides total weeks of benefits available in a benefit year (typically a 12-month period) to The figure provides total weeks of benefits available in a benefit year (typically a 12-month period) to
eligible claimants covered by a state leave insurance program. In some cases, states limit the number of weeks eligible claimants covered by a state leave insurance program. In some cases, states limit the number of weeks
that may be claimed during a benefit year for particular family or medical leave events, and those limits may be that may be claimed during a benefit year for particular family or medical leave events, and those limits may be
less than the total amount shown in this figure. For example California limits claims for family leave events to 8 less than the total amount shown in this figure. For example California limits claims for family leave events to 8
weeks in a benefit year. Benefits are subject to eligibility conditions, and are calculated using state-specific benefit weeks in a benefit year. Benefits are subject to eligibility conditions, and are calculated using state-specific benefit
formulae. Some states provide additional weeks of benefits if certain conditions are metformulae. Some states provide additional weeks of benefits if certain conditions are met.
(e.g., Colorado, Connecticut, Oregon, and Washington provide 2 additional weeks of medical leave insurance benefits for medical complications resulting from a pregnancy). The contingent additional weeks of benefits is denoted by the dashed line in the figure. The first four states to offer family leave insurance (FLI)—California, New Jersey, New York, The first four states to offer family leave insurance (FLI)—California, New Jersey, New York,
and Rhode Island—did so by building upon existing state temporary disability insurance (TDI) and Rhode Island—did so by building upon existing state temporary disability insurance (TDI)
programs (i.e., that provide benefits to workers absence from work due to a significant medical programs (i.e., that provide benefits to workers absence from work due to a significant medical
condition).condition).2425 As a result, these programs tend to offer separate entitlements to FLI benefits and As a result, these programs tend to offer separate entitlements to FLI benefits and
TDI benefits. (To simplify the discussion, the terms TDI and TDI benefits. (To simplify the discussion, the terms TDI and medical leave insurance (MLI) (MLI)
~~benefits are used interchangeably in this section.25) For example, eligible California workers may~~

~~22 Hawaii and Puerto Rico require employers to provide short-term disability insurance but not family leave insurance~~
~~to their employees, and as such are not included in this discussion. New Hampshire is to allow private sector employers~~
with more than 50 employees and certain individuals to opt in to its leave insurance program for state employees. with more than 50 employees and certain individuals to opt in to its leave insurance program for state employees.
Because participation is voluntary for all private sector employers, the program is not included in this discussion. See Because participation is voluntary for all private sector employers, the program is not included in this discussion. See
footnofootnote 4 for more information on the NH program. or more information on the NH program.
23 Benefit payments for the Oregon program are to start in September 2023; benefits payments for the Colorado 23 Benefit payments for the Oregon program are to start in September 2023; benefits payments for the Colorado
program are to start in January 2024; benefits for the Maryland program are to start in January 2025; and benefits for program are to start in January 2024; benefits for the Maryland program are to start in January 2025; and benefits for
the Delaware program are to start in January 2026. the Delaware program are to start in January 2026.
24 24 ~~California was the first state to provide family leave insurance (FLI) benefits; the program took effect (FLI benefits~~
~~became payable) on July 1, 2004. FLI benefits became payable in New Jersey on July 1, 2009, in Rhode Island on~~
~~January 1, 2014, and in New York on January 1, 2018.~~
~~25 Whereas these four states provide for TDI benefits for serious health-related absences, the newer programs use the~~
~~term medical leave insurance benefits. Broadly speaking, the terms temporary disability absence and medical leave~~
~~both describe a workplace absence due to a significant health condition that prevents a worker from performing his or~~
~~her regular work duties. Definitions vary from state to state, but they are broadly similar. These types of leave differ~~
~~from sick leave, which can be used for more minor ailments and for routine medical care. In addition, paid sick leave~~
~~tends to be compensated at regular rates of pay, whereas state TDI and MLI benefits are generally paid at less than the~~
~~Congressional Research Service~~

8

~~link to page 24 link to page 24 link to page 33 link to page 8 link to page 12~~ ~~Paid Family and Medical Leave in the United States~~

New Hampshire law provides for voluntary private sector participation in its state family leave insurance program. Similarly, in July 2024 private sector employers in Vermont are expected to have voluntary access to the Vermont Family and Medical Leave Insurance (VT-FMLI) plan currently provided to Vermont state employees; but such access is not guaranteed under Vermont law. See the discussion in the “Voluntary Private Sector Coverage under a State Leave Insurance Plan” text box in this section. 25 California was the first state to provide family leave insurance (FLI) benefits; the program took effect (FLI benefits became payable) on July 1, 2004. FLI benefits became payable in New Jersey on July 1, 2009, in Rhode Island on January 1, 2014, and in New York on January 1, 2018. Congressional Research Service 8 link to page 25 link to page 25 link to page 8 link to page 11 Paid Family and Medical Leave in the United States benefits are used interchangeably in this section.26) For example, eligible California workers may take up to 52 weeks of MLI and up to 8 weeks FLI. By contrast, newer programs tend to offer a take up to 52 weeks of MLI and up to 8 weeks FLI. By contrast, newer programs tend to offer a
total amount of annual benefit weeks to workers, who may allocate them across the various needs total amount of annual benefit weeks to workers, who may allocate them across the various needs
categories (e.g., caregiving needs, medical needs) with some states capping the maximum amount categories (e.g., caregiving needs, medical needs) with some states capping the maximum amount
that can be allocated to a single category. For example, Washington provides a total of 16 benefit that can be allocated to a single category. For example, Washington provides a total of 16 benefit
weeks per year that may be used for a variety of family or medical needs, but limits FLI weeks per year that may be used for a variety of family or medical needs, but limits FLI ~~claims to~~
~~12 weeks~~ and MLI claims to 12 weeksand MLI claims to 12 weeks~~.26~~ each.27 All states included i All states included in Table A-1 offer (or will offer) FLI offer (or will offer) FLI
benefits through their programs to eligible individuals who take leave from work for the arrival of benefits through their programs to eligible individuals who take leave from work for the arrival of
a new child by birth or placement, and to care for close family members with a serious health a new child by birth or placement, and to care for close family members with a serious health
condition; some states provide family leave insurance in other circumstances.condition; some states provide family leave insurance in other circumstances.27
28 Table A-1 shows the following:shows the following:2829
  Benefit Duration: The maximum weeks of insurance benefits available to : The maximum weeks of insurance benefits available to
workers vary across states. Longer-running state programs offer between 26 workers vary across states. Longer-running state programs offer between 26
weeks (New York) and 52 weeks (California) in weeks (New York) and 52 weeks (California) in ~~2022~~2023, but most weeks of benefits , but most weeks of benefits
are set aside for MLI in these states. Newer programs (i.e., those that are set aside for MLI in these states. Newer programs (i.e., those that
implemented their programs in 2020 or later) tend to offer fewer total weeks of implemented their programs in 2020 or later) tend to offer fewer total weeks of
benefits—the range is benefits—the range is 812 total (DC) to 25 total (Massachusetts); generally this is total (DC) to 25 total (Massachusetts); generally this is
because newer programs offer fewer weeks of medical leave than longer-running because newer programs offer fewer weeks of medical leave than longer-running
programs. programs.
  Benefit Amount: Weekly benefits amounts range from 50% to 100% of an : Weekly benefits amounts range from 50% to 100% of an
employee’s average weekly earnings and all states cap benefits at a maximum employee’s average weekly earnings and all states cap benefits at a maximum
weekly amount ($170 per week for MLI benefits in New York to $1,weekly amount ($170 per week for MLI benefits in New York to $1,~~540~~620 per per
week for FLI or MLI benefits in California). Most states with leave insurance week for FLI or MLI benefits in California). Most states with leave insurance
programs have or plan to have a progressive benefit formula. programs have or plan to have a progressive benefit formula.
  Eligibility: Program eligibility typically involves in-state employment of a : Program eligibility typically involves in-state employment of a
minimum duration, minimum earnings in covered employment, or contributions minimum duration, minimum earnings in covered employment, or contributions
to the insurance funds. Delaware’s program further conditions benefit eligibility to the insurance funds. Delaware’s program further conditions benefit eligibility
on a worker’s tenure with the current employer. on a worker’s tenure with the current employer.
  Financing: All programs are financed through payroll taxes, with some variation : All programs are financed through payroll taxes, with some variation
in how taxes are allocated between employers and employees. in how taxes are allocated between employers and employees.
Some state leave insurance programs provide job protection directly to workers who receive Some state leave insurance programs provide job protection directly to workers who receive
insurance benefits, meaning that employers must allow such a worker to return to her or his job insurance benefits, meaning that employers must allow such a worker to return to her or his job
after leave (for which the employee has claimed insurance benefits) has ended. For example, after leave (for which the employee has claimed insurance benefits) has ended. For example,
~~Oregon is to provide job protection to leave insurance claimants who worked at least 90 days with~~
~~their current employer before taking leave. Workers may otherwise receive job protection if they~~
~~are entitled to leave under (the federal) FMLA or state family and medical leave laws, and~~
~~coordinate such job-protected leave with the receipt of state insurance benefits. (Se~~e Table A-2
~~for a summary of relevant state laws). For example, job protection does not accompany leave~~

26 Whereas these four states provide for TDI benefits for serious health-related absences, the newer programs use the term medical leave insurance benefits. Broadly speaking, the terms temporary disability absence and medical leave both describe a workplace absence due to a significant health condition that prevents a worker from performing his or her regular work duties. Definitions vary from state to state, but they are broadly similar. These types of leave differ from sick leave, which can be used for more minor ailments and for routine medical care. In addition, paid sick leave tends to be compensated at regular rates of pay, whereas state TDI and MLI benefits are generally paid at less than the worker’s regular rate of pay (an exception is lower wage workers in Oregon). A waiting period is often required before worker’s regular rate of pay (an exception is lower wage workers in Oregon). A waiting period is often required before
the payment of TDI or MLI benefits; such a waiting period is generally not required for sick leave pay. Finally, paid the payment of TDI or MLI benefits; such a waiting period is generally not required for sick leave pay. Finally, paid
sick leave benefits are generally available for shorter total durations than TDI or MLI benefits, see footnosick leave benefits are generally available for shorter total durations than TDI or MLI benefits, see footnote 15 for for
additional discussion. additional discussion.
2627 Washington provides 2 additional weeks of benefits for a serious health condition if an employee’s pregnancy results Washington provides 2 additional weeks of benefits for a serious health condition if an employee’s pregnancy results
in incapacitation, raising the limit on MLI benefits to 14 weeks and bringing total benefits to 18 weeks in such cases. in incapacitation, raising the limit on MLI benefits to 14 weeks and bringing total benefits to 18 weeks in such cases.
2728 For example, some states provide family leave insurance for certain military family needs, for time away from work For example, some states provide family leave insurance for certain military family needs, for time away from work
to address needs related to sexual or domestic violence (i.e., to address needs related to sexual or domestic violence (i.e., safe leave). .
2829 For reasons noted in footno For reasons noted in footnote 22, Hawaii, New Hampshire, and Puerto Rico are not included in the table. Hawaii, New Hampshire, and Puerto Rico are not included in the table.
Congressional Research Service Congressional Research Service

9 9

link to page 33 Paid Family and Medical Leave in the United States Oregon is to provide job protection to leave insurance claimants who worked at least 90 days with their current employer before taking leave. Workers may otherwise receive job protection if they are entitled to leave under (the federal) FMLA or state family and medical leave laws, and coordinate such job-protected leave with the receipt of state insurance benefits. (See Table A-2 for a summary of relevant state laws.) For example, job protection does not accompany leave ~~Paid Family and Medical Leave in the United States~~

insurance benefits in California. However, California employees claiming FLI benefits may be insurance benefits in California. However, California employees claiming FLI benefits may be
eligible for job protection under the FMLA (federal protections) or the California Family Rights eligible for job protection under the FMLA (federal protections) or the California Family Rights
Act; California workers claiming MLI for pregnancy or childbirth-related disabilities may be Act; California workers claiming MLI for pregnancy or childbirth-related disabilities may be
eligible for job protection under FMLA or the California Fair Employment and Housing Act. A eligible for job protection under FMLA or the California Fair Employment and Housing Act. A
California worker otherwise claiming benefits for a serious health condition that makes her or California worker otherwise claiming benefits for a serious health condition that makes her or
him unable to perform his or her job functions may be eligible for job protection under FMLA for him unable to perform his or her job functions may be eligible for job protection under FMLA for
up to 12 weeks.up to 12 weeks.29

2930 Voluntary Private Sector Coverage under a State Leave Insurance Plan In a related approach, New Hampshire enacted legislation that allows employers based in the state to voluntarily purchase the New Hampshire Paid Family and Medical Leave (NH PFML) insurance plan from a state-selected insurance provider. (In 2023, the state’s insurance partner is Metlife.) The NH PFML plan provides six weeks of wage replacement for selected family leave needs and for certain medical leave needs that are not covered by disability insurance.31 Beneficiaries’ wages are replaced at a rate of 60% up to a maximum amount. Employers that purchase the NH PFML from the state’s insurance partner are eligible for a business enterprise tax credit equal to 50% of the NH PFML insurance premiums paid by the employer.32 Individual employees may also purchase coverage under the NH PFML plan from the state’s insurance partner if their employer has not enrol ed in the plan. The NH law that established the voluntary state plans also provided that the state would purchase a similar FLI plan33 from the state’s insurance provider for all state employees (plan coverage for state employees took effect in January 2023).34 In addition, Vermont plans to allow private sector employers to participate in the Vermont Family and Medical Leave Insurance (VT-FMLI) plan provided state employees. Vermont selected Hartford Insurance to provide the leave insurance benefit to state employees, and secured a commitment from the carrier to “expand the FMLI program on mutually agreeable terms to” include certain other private and non-state public employers by July 2024 and small employers, eligible individual employees, and self-employed individuals by July 2025.35 The contract with Hartford Insurance concludes on June 30, 2026, with an option for a one-year extension through June 30, 2027. Unlike the New Hampshire program, however, private sector access to the VT-FMLI program is not guaranteed by state law.36 Barring state legislative action, private sector access to the program beyond the end of the current contract is contingent upon the terms of future contracts between the state of Vermont and the commercial carrier selected to administer the VT-FMLI program. 30 Although California workers may qualify for up to 52 weeks of temporary disability insurance under the state program, FMLA provides only 12 weeks of job-protected leave (for workers meeting eligibility conditions). 31 MetLife also offers a 12-week plan. 32 NH employers may purchase leave insurance from another licensed insurance provider, but would not qualify for the tax credit. 33 The plan covering state employees does not provide wage replacement for medical leave needs (beyond child birth and recovery from child birth). 34 NH lawmakers provided state employee coverage through private insurance with the goal of “strategically [using the state’s] purchasing power and tax expenditure authority to establish a marketplace in the state for advantageously priced FMLI wage replacement benefits.” 35 See State of Vermont, Office of Governor Phil Scott, “Governor Phil Scott Launches Voluntary Paid Family and Medical Leave Program,” press release, December 6, 2022, https://governor.vermont.gov/press-release/governor-phil-scott-launches-voluntary-paid-family-and-medical-leave-program; and Vermont Business Registry, “Request for Proposals: Voluntary Paid Family and Medical Leave Insurance (FMLI) Administrator,” July 2022, http://www.vermontbusinessregistry.com/BidPreview.aspx?BidID=56122. 36 Peter Hirschfeld, “Scott Seizes Opening For Voluntary Paid Family Leave Program,” Vermont Public Radio, December 12, 2019, https://www.vermontpublic.org/vpr-news/2019-12-12/scott-seizes-opening-for-voluntary-paid-family-leave-program. ~~Although California workers may qualify for up to 52 weeks of temporary disability insurance under the state~~
~~program, FMLA provides only 12 weeks of job-protected leave (for workers meeting eligibility conditions).~~
Congressional Research Service Congressional Research Service

10 10

link to page link to page 2425

Figure 2. State Leave Insurance Programs, Selected Benefit Information as of ~~May 2022~~
February 2023
Source: CRS, based on information in CRS, based on information in Table A-1 on state leave insurance lawson state leave insurance laws and the New Hampshire Paid Family and Medical Leave Plan at https://www.paidfamilymedicalleave.nh.gov/. .
Notes: This graphic summarizes program information for states that provide for a family leave insurance benefit This graphic summarizes program information for states that provide for a family leave insurance benefit through legislation. New Hampshire’s program is voluntary. “FLI” indicates family leave insurance, “MLI” indicates . “FLI” indicates family leave insurance, “MLI” indicates
medical leave insurance, and “TDI” indicates temporary disability insurance. “Total” weeks of benefits indicates the maximum number of combined benefit weeks medical leave insurance, and “TDI” indicates temporary disability insurance. “Total” weeks of benefits indicates the maximum number of combined benefit weeks
available in a state benefit period (generally a 12-month period). Where states limit the category of leave insurance benefits (e.g., FLI, MLI) that may be counted toward available in a state benefit period (generally a 12-month period). Where states limit the category of leave insurance benefits (e.g., FLI, MLI) that may be counted toward
that total, these limits are noted in parentheses. that total, these limits are noted in parentheses. ~~Benefit durations for the DC program are scheduled to increase in 2022.~~
Vermont plans to allow employers (in 2024) and employees (in 2025) to purchase the FMLI insurance plan provided to state employees, but such access is not guaranteed by state law. CRS-11 CRS-11

link to page 11 link to page 11 link to page 11 link to page 11 Paid Family and Medical Leave in the United States

Research on Paid Family and Medical Leave
A relatively small literature examines relationships between U.S. workers’ access to and use of A relatively small literature examines relationships between U.S. workers’ access to and use of
paid family and medical leave and related labor market and social outcomes. Much of this paid family and medical leave and related labor market and social outcomes. Much of this
research emphasizes experiences and outcomes related to research emphasizes experiences and outcomes related to parental leave (i.e., leave related to the (i.e., leave related to the
birth and care of new children), which is a subset of the broader family caregiving category. The birth and care of new children), which is a subset of the broader family caregiving category. The
focus on parental leave is driven in part by data availability, as the arrival of a new child is focus on parental leave is driven in part by data availability, as the arrival of a new child is
somewhat easier to observe in large-scale survey data than other family and medical events.somewhat easier to observe in large-scale survey data than other family and medical events.3037
Parental leave—and maternity leave in particular—is also a more prevalent and better understood Parental leave—and maternity leave in particular—is also a more prevalent and better understood
workplace benefit than family caregiving or medical leave. For this reason survey respondents workplace benefit than family caregiving or medical leave. For this reason survey respondents
may be more likely to identify a reported workplace absence as maternity or paternity leave than may be more likely to identify a reported workplace absence as maternity or paternity leave than
they are to specify their use of medical leave or caregiving leave with great precision.they are to specify their use of medical leave or caregiving leave with great precision.3138
Survey data generally allow a period of leave to be observed (and therefore studied) if the worker Survey data generally allow a period of leave to be observed (and therefore studied) if the worker
is taking leave at the time of the interview, or if the survey asks for information on past leave-is taking leave at the time of the interview, or if the survey asks for information on past leave-
taking. That is, information on leave is generally available conditional on the worker’s use of taking. That is, information on leave is generally available conditional on the worker’s use of
such leave. Some workers may have access to workplace leave, but not take it for a variety of such leave. Some workers may have access to workplace leave, but not take it for a variety of
reasons. Information on workplace access to paid family and medical leave, including parental reasons. Information on workplace access to paid family and medical leave, including parental
leave, in survey data is comparatively scarce, as are details of parental leave benefits (e.g., leave, in survey data is comparatively scarce, as are details of parental leave benefits (e.g.,
duration, eligibility conditions, and wage replacement) offered by employers.duration, eligibility conditions, and wage replacement) offered by employers.3239 For these reasons For these reasons
studies of the state leave insurance programs (see the studies of the state leave insurance programs (see the “State-Run Family Leave, Medical Leave,
and Temporary Disability Insurance Programs” section of this report) form an important branch section of this report) form an important branch
of research on U.S. workers. The parameters of these programs are clearly established in state of research on U.S. workers. The parameters of these programs are clearly established in state
laws. In addition, the broad coverage of these programs and, in some cases, the availability of laws. In addition, the broad coverage of these programs and, in some cases, the availability of

3037 Many household surveys ask participants directly about births or researchers can infer the arrival of a new child in Many household surveys ask participants directly about births or researchers can infer the arrival of a new child in
the demographic information collected from family members; for example, from birth dates or new names added to the the demographic information collected from family members; for example, from birth dates or new names added to the
family rosters. By contrast, detailed information on the incidence, timing, duration, and severity of a medical condition family rosters. By contrast, detailed information on the incidence, timing, duration, and severity of a medical condition
or family caregiving arrangement, as defined in federal policy or proposals, is less visible outside of surveys designed or family caregiving arrangement, as defined in federal policy or proposals, is less visible outside of surveys designed
to collect those particular data; for example, the National Study of Caregiving (NCOS) collects information on to collect those particular data; for example, the National Study of Caregiving (NCOS) collects information on
caregiving as well as labor earnings, health status, and to some extent workplace leave. A helpful discussion of data caregiving as well as labor earnings, health status, and to some extent workplace leave. A helpful discussion of data
availability and the limitations of commonly-used surveys is in Amy Batchelor, availability and the limitations of commonly-used surveys is in Amy Batchelor, Paid Family and Medical Leave in the
United States: A Data Agenda, Washington Center for Equitable Growth, March 2019, https://equitablegrowth.org/wp-, Washington Center for Equitable Growth, March 2019, https://equitablegrowth.org/wp-
content/uploads/2019/03/030719-paid-leave-data-report-1.pdf. content/uploads/2019/03/030719-paid-leave-data-report-1.pdf.
3138 For example the Current Population Survey (CPS) asks a worker who reports that she or he is absent from work For example the Current Population Survey (CPS) asks a worker who reports that she or he is absent from work
during the survey reference week to indicate the main reason for the absence. “Maternity/Paternity leave” is among the during the survey reference week to indicate the main reason for the absence. “Maternity/Paternity leave” is among the
14 options (including “other”) provided to the respondent to characterize the main reason for the absence, which allows 14 options (including “other”) provided to the respondent to characterize the main reason for the absence, which allows
for a parental leave absence to be observed. The survey also asks if the worker is being paid by her or his employer for a parental leave absence to be observed. The survey also asks if the worker is being paid by her or his employer
during the time off, allowing for the leave to be characterized as paid or unpaid. Respondents who are away from work during the time off, allowing for the leave to be characterized as paid or unpaid. Respondents who are away from work
for needs related to a serious health condition could select the response “own illness/injury/medical problems” but this for needs related to a serious health condition could select the response “own illness/injury/medical problems” but this
category would also capture those on leave for minor issues or preventive care. Similarly, a worker who takes leave to category would also capture those on leave for minor issues or preventive care. Similarly, a worker who takes leave to
care for seriously ill close family member could indicate the leave was for “other family/personal obligation[s],” but care for seriously ill close family member could indicate the leave was for “other family/personal obligation[s],” but
again this category would include a range of family and personal needs that are not strictly considered to be family again this category would include a range of family and personal needs that are not strictly considered to be family
leave. See https://www.census.gov/programs-surveys/cps/technical-documentation/questionnaires.html. leave. See https://www.census.gov/programs-surveys/cps/technical-documentation/questionnaires.html.
3239 Some researchers have worked to fill gaps in this area by collecting their own data. For example Claudia Goldin, Sari Some researchers have worked to fill gaps in this area by collecting their own data. For example Claudia Goldin, Sari
Pekkala Kerr, and Claudia Olivetti compiled data on a sample of private sector firms (1,135 firms) from multiple Pekkala Kerr, and Claudia Olivetti compiled data on a sample of private sector firms (1,135 firms) from multiple
sources, including through direct contact with some firms, to learn the details of employers’ paid parental leave sources, including through direct contact with some firms, to learn the details of employers’ paid parental leave
policies. They describe these policies as complex and sometimes opaque: “Firms do not always clearly state whether policies. They describe these policies as complex and sometimes opaque: “Firms do not always clearly state whether
their short-term (or temporary) disability program is included in the number of [paid parental leave (PPL)] weeks they their short-term (or temporary) disability program is included in the number of [paid parental leave (PPL)] weeks they
claim to offer and whether workers who take PPL are first required to exhaust their vacation, and sick days. Even more claim to offer and whether workers who take PPL are first required to exhaust their vacation, and sick days. Even more
difficult is figuring whether all workers at the firm are covered.” Claudia Goldin, Sari Pekkala Kerr, and Claudia difficult is figuring whether all workers at the firm are covered.” Claudia Goldin, Sari Pekkala Kerr, and Claudia
Olivetti, Olivetti, Why Firms Offer Paid Parental Leave: an Exploratory Study, NBER Working Paper 26617, January 2020, , NBER Working Paper 26617, January 2020,
https://www.nber.org/papers/w26617. https://www.nber.org/papers/w26617.
Congressional Research Service Congressional Research Service

12 12

link to page 7 link to page 7 Paid Family and Medical Leave in the United States

administrative data provide methodological advantages over studies of workers with employer- administrative data provide methodological advantages over studies of workers with employer-
provided leave.provided leave.3340
Research on Paid Parental Leave in California
In 2004, California was the first state to launch a family leave insurance program, building upon In 2004, California was the first state to launch a family leave insurance program, building upon
its existing temporary disability insurance program, and currently is the most studied.its existing temporary disability insurance program, and currently is the most studied.3441 Research Research
findings indicate that greater access to paid family leave (i.e., through the California program) findings indicate that greater access to paid family leave (i.e., through the California program)
resulted in greater leave-taking among workers with new children, with some evidence that the resulted in greater leave-taking among workers with new children, with some evidence that the
increase in leave-taking was particularly pronounced among women who are less educated, increase in leave-taking was particularly pronounced among women who are less educated,
unmarried, or nonwhite.unmarried, or nonwhite.3542 Although the program has been associated with greater leave-taking— Although the program has been associated with greater leave-taking—
in terms of incidence and duration of leave—for mothers and fathers, there is some indication that in terms of incidence and duration of leave—for mothers and fathers, there is some indication that
some workers are not availing themselves of the full six-week entitlement offered by the some workers are not availing themselves of the full six-week entitlement offered by the
California program, suggesting that barriers to leave-taking remain (e.g., financial constraints, California program, suggesting that barriers to leave-taking remain (e.g., financial constraints,
work pressures, concerns about employer retaliation).work pressures, concerns about employer retaliation).3643 One study observes that employer One study observes that employer
characteristics appear to matter to workers’ use of the California leave insurance benefits, raising characteristics appear to matter to workers’ use of the California leave insurance benefits, raising
the possibility that workplace culture plays a role in workers’ leave-taking decisions.the possibility that workplace culture plays a role in workers’ leave-taking decisions.3744
Some studies of the California program have considered the relationship between paid parental Some studies of the California program have considered the relationship between paid parental
leave and parents’ (mothers especially) attachment to the labor market. In theory, the availability leave and parents’ (mothers especially) attachment to the labor market. In theory, the availability
of such a benefit may encourage parents to stay in work prior to the birth or arrival of a child of such a benefit may encourage parents to stay in work prior to the birth or arrival of a child
(e.g., to qualify for benefits) and, because a full separation has not occurred, facilitate the return (e.g., to qualify for benefits) and, because a full separation has not occurred, facilitate the return
to work. Further, if the job held prior to leave sufficiently accommodates the needs of a working to work. Further, if the job held prior to leave sufficiently accommodates the needs of a working
parent of a young child (e.g., if work hours align with traditional child care facility hours), a parent of a young child (e.g., if work hours align with traditional child care facility hours), a
parent may be more likely to return to his or her same employer, which can benefit both the parent may be more likely to return to his or her same employer, which can benefit both the

3340 As noted in the As noted in the “Employer-Provided Paid Family Leave” section of this report, employer-provided leave is section of this report, employer-provided leave is
concentrated among higher-paying occupations, larger firms, and certain industries. This lack of broad coverage creates concentrated among higher-paying occupations, larger firms, and certain industries. This lack of broad coverage creates
challenges for researchers trying to disentangle, for example, the effects of leave-taking on employment and earnings challenges for researchers trying to disentangle, for example, the effects of leave-taking on employment and earnings
outcomes from the effects of holding a high-paying professional job on the same outcomes. On the other hand, broad outcomes from the effects of holding a high-paying professional job on the same outcomes. On the other hand, broad
program coverage can complicate the identification of a meaningful comparison group in studies that seek to contrast program coverage can complicate the identification of a meaningful comparison group in studies that seek to contrast
outcomes for workers with access to paid leave to those otherwise similar workers without access to paid leave. outcomes for workers with access to paid leave to those otherwise similar workers without access to paid leave.
3441 A smaller body of research studies has considered the social and economic effects of state leave insurance program A smaller body of research studies has considered the social and economic effects of state leave insurance program
in New Jersey and Rhode Island. For example, Tanya Byker examines the impacts of state leave insurance in California in New Jersey and Rhode Island. For example, Tanya Byker examines the impacts of state leave insurance in California
and New Jersey on mothers’ labor force attachment. Tanya Byker, “Paid Parental Leave Laws in the United States: and New Jersey on mothers’ labor force attachment. Tanya Byker, “Paid Parental Leave Laws in the United States:
Does Short-Duration Leave Affect Women’s Labor-Force Attachment?” Does Short-Duration Leave Affect Women’s Labor-Force Attachment?” American Economic Review: Papers and
Proceedings, vol. 106, no. 5 (2016), pp. 242-246 hereinafter “Byker, 2016.” It is worth noting that the California , vol. 106, no. 5 (2016), pp. 242-246 hereinafter “Byker, 2016.” It is worth noting that the California
legislature has amended the program several times since it took effect in 2004—for example, in 2018 the state changed legislature has amended the program several times since it took effect in 2004—for example, in 2018 the state changed
the benefit formula from a flat 55% of usual wages to a progressive formula that replaces 60%-70% of usual wages—the benefit formula from a flat 55% of usual wages to a progressive formula that replaces 60%-70% of usual wages—
and for this reason the findings of earlier studies may not hold for the current program. This change was made by and for this reason the findings of earlier studies may not hold for the current program. This change was made by
California Assembly Bill No. 908, which was signed into law on April 11, 2016; see https://leginfo.legislature.ca.gov/California Assembly Bill No. 908, which was signed into law on April 11, 2016; see https://leginfo.legislature.ca.gov/
faces/billNavClient.xhtml?bill_id=201520160AB908. faces/billNavClient.xhtml?bill_id=201520160AB908.
3542 Maya Rossin-Slater, Christopher Ruhm, and Jane Waldfogel, “The Effect of California’s Paid Family Leave Program Maya Rossin-Slater, Christopher Ruhm, and Jane Waldfogel, “The Effect of California’s Paid Family Leave Program
on Mothers’ Leave-Taking and Subsequent Labor Market Outcomes,” on Mothers’ Leave-Taking and Subsequent Labor Market Outcomes,” Journal of Policy Analysis and Management, ,
vol. 32, no. 2 (2013), pp. 224-245. vol. 32, no. 2 (2013), pp. 224-245.
3643 Charles Baum and Christopher Ruhm, Charles Baum and Christopher Ruhm, The Effects of Paid Leave in California on Labor Market Outcomes, NBER , NBER
Working Paper 19741, 2013, http://www.nber.org/papers/w19741; Ann Bartel, Maya Rossin-Slater, Christopher Ruhm, Working Paper 19741, 2013, http://www.nber.org/papers/w19741; Ann Bartel, Maya Rossin-Slater, Christopher Ruhm,
Jenna Stearns, and Jane Waldfogel, Jenna Stearns, and Jane Waldfogel, Paid Family Leave, Fathers’ Leave-Taking, and Leave-Sharing in Dual-Earner
Households, NBER Working Paper no. 21747, 2015, http://www.nber.org/papers/w21747. , NBER Working Paper no. 21747, 2015, http://www.nber.org/papers/w21747.
3744 In particular, program claims are higher among workers employed in higher-paying firms; this relationship is In particular, program claims are higher among workers employed in higher-paying firms; this relationship is
particularly strong among lower-paid workers in such firms. See Sarah Bana, Kelly Bedard, Maya Rossin-Slater, and particularly strong among lower-paid workers in such firms. See Sarah Bana, Kelly Bedard, Maya Rossin-Slater, and
Jenna Stearns, Jenna Stearns, Unequal Use of Social Insurance Benefits: The Role of Employers, NBER Working Paper no. 25163, , NBER Working Paper no. 25163,
October 2018, http://www.nber.org/papers/w25163. October 2018, http://www.nber.org/papers/w25163.
Congressional Research Service Congressional Research Service

13 13

link to page 20 link to page 20 link to page 20 link to page 20 Paid Family and Medical Leave in the United States

worker (e.g., who avoids costly job search, and the loss of job-specific skills and benefits of worker (e.g., who avoids costly job search, and the loss of job-specific skills and benefits of
company tenure) and employers (e.g., who avoid the costs of finding a replacement worker). company tenure) and employers (e.g., who avoid the costs of finding a replacement worker).
Empirical findings are mixed, with some studies observing a positive relationship between paid Empirical findings are mixed, with some studies observing a positive relationship between paid
parental leave and mothers’ labor force attachment, and others finding little evidence of such a parental leave and mothers’ labor force attachment, and others finding little evidence of such a
connection.connection.3845 Another branch of research examines linkages between paid parental leave and Another branch of research examines linkages between paid parental leave and
family well-being. These generally find positive relationships along a variety of measures (e.g., family well-being. These generally find positive relationships along a variety of measures (e.g.,
timing of children’s immunizations, mothers’ mental health, and breastfeeding duration).timing of children’s immunizations, mothers’ mental health, and breastfeeding duration).3946
Economist Maya Rossin-Slater reviews the broader literature on the impacts of maternity and Economist Maya Rossin-Slater reviews the broader literature on the impacts of maternity and
paid parental leave in the United States, Europe, and other high-income countries.paid parental leave in the United States, Europe, and other high-income countries.4047 She notes the She notes the
wide variation in paid leave policies across countries (see wide variation in paid leave policies across countries (see “Family and Medical Leave Benefits in
OECD Countries” section of this report), but nonetheless offers four general observations: (1) section of this report), but nonetheless offers four general observations: (1)
greater access to paid leave for new parents increases leave-taking; (2) access to leave can greater access to paid leave for new parents increases leave-taking; (2) access to leave can
improve labor force attachment among new mothers, but leave entitlements in excess of one year improve labor force attachment among new mothers, but leave entitlements in excess of one year
can have the opposite effect (i.e., long separations can weaken labor force attachment among can have the opposite effect (i.e., long separations can weaken labor force attachment among
mothers); (3) access to leave can improve children’s well-being, but extending the length of mothers); (3) access to leave can improve children’s well-being, but extending the length of
existing entitlements does not appear to further improve child outcomes; and (4) a limited existing entitlements does not appear to further improve child outcomes; and (4) a limited
literature on U.S. state-level leave insurance programs does not reveal notable impacts (positive literature on U.S. state-level leave insurance programs does not reveal notable impacts (positive
or negative) of these programs on employers, but further research on employers’ experiences is or negative) of these programs on employers, but further research on employers’ experiences is
needed. needed.
Research on Paid Family Caregiving and Medical Leave
A smaller but growing number of studies examine the social and economic impacts of paid family A smaller but growing number of studies examine the social and economic impacts of paid family
caregiving leave more generally (i.e., to care for a seriously ill or injured family member) or paid caregiving leave more generally (i.e., to care for a seriously ill or injured family member) or paid
medical leave, despite the prevalence of such leave among U.S. workers.medical leave, despite the prevalence of such leave among U.S. workers.4148 In addition to data In addition to data

3845 A summary of earlier studies’ findings for labor market outcomes is in Maya Rossin-Slater, “Maternity and Family A summary of earlier studies’ findings for labor market outcomes is in Maya Rossin-Slater, “Maternity and Family
Leave Policy,” in Leave Policy,” in The Oxford Handbook of Women and the Economy, ed. Susan L. Averett, Laura M. Argys, and Saul , ed. Susan L. Averett, Laura M. Argys, and Saul
D. Hoffman (New York: Oxford University Press, 2018); hereinafter “Rossin-Slater 2018.” More recently, Tanya D. Hoffman (New York: Oxford University Press, 2018); hereinafter “Rossin-Slater 2018.” More recently, Tanya
Byker finds a positive association between state leave insurance benefits in California and New Jersey and women’s Byker finds a positive association between state leave insurance benefits in California and New Jersey and women’s
labor force attachment in the months before and after a birth; see Byker, 2016. By contrast, one study considered the labor force attachment in the months before and after a birth; see Byker, 2016. By contrast, one study considered the
labor market outcomes of first-time mothers who claimed California’s paid family leave insurance benefits just as the labor market outcomes of first-time mothers who claimed California’s paid family leave insurance benefits just as the
program launched (i.e., in the months around July 2004). The results indicate a decrease in employment and earnings program launched (i.e., in the months around July 2004). The results indicate a decrease in employment and earnings
for this group in both the short-run (1-5 years later) and long-run (6-11 years later). See Martha Bailey, Tanya Byker, for this group in both the short-run (1-5 years later) and long-run (6-11 years later). See Martha Bailey, Tanya Byker,
Elena Patel, and Shanthi Ramnath, Elena Patel, and Shanthi Ramnath, The Long-Term Effects of California’s 2004 Paid Family Leave Act on Women’s
Careers: Evidence from U.S. Tax Data, NBER Working Paper no. 26416, October 2019, http://www.nber.org/papers/, NBER Working Paper no. 26416, October 2019, http://www.nber.org/papers/
w26416. w26416.
3946 For example, Choudhury and Polacek found that the rate of late infant immunizations fell by about five percentage For example, Choudhury and Polacek found that the rate of late infant immunizations fell by about five percentage
points for children born in California after the implementation of the California Paid Family Leave Program in 2004. points for children born in California after the implementation of the California Paid Family Leave Program in 2004.
Improvements in on-time immunization rates were greater for poor children relative to non-poor children. See Agnitra Improvements in on-time immunization rates were greater for poor children relative to non-poor children. See Agnitra
Roy Choudhury and Solomon Polachek, The Impact of Paid Family Leave on the Timing of Infant Vaccinations, IZA Roy Choudhury and Solomon Polachek, The Impact of Paid Family Leave on the Timing of Infant Vaccinations, IZA
Discussion Papers, No. 12483, Institute of Labor Economics (IZA), Bonn, 2019. Another team of researchers observed Discussion Papers, No. 12483, Institute of Labor Economics (IZA), Bonn, 2019. Another team of researchers observed
positive relationships between the implementation of the California program and breastfeeding duration, with larger positive relationships between the implementation of the California program and breastfeeding duration, with larger
effects for some disadvantaged mothers (e.g., mothers with less than a high school education, mothers with family effects for some disadvantaged mothers (e.g., mothers with less than a high school education, mothers with family
incomes below the federal poverty line). See Jessica E. Pac, Ann P. Bartel, Christopher J. Ruhm, Jane Waldfogel, Paid incomes below the federal poverty line). See Jessica E. Pac, Ann P. Bartel, Christopher J. Ruhm, Jane Waldfogel, Paid
Family Leave and Breastfeeding: Evidence from California, NBER Working Paper No. 25784, Issued in April 2019. Family Leave and Breastfeeding: Evidence from California, NBER Working Paper No. 25784, Issued in April 2019.
4047 Rossin-Slater 2018. Rossin-Slater 2018.
4148 Among workers reporting they took leave for an FMLA-qualifying reasons (even if they were not eligible for Among workers reporting they took leave for an FMLA-qualifying reasons (even if they were not eligible for
FMLA-protected leave) in 2018, most (50.5%) reported that leave was taken for the worker’s own illness; about 18.6% FMLA-protected leave) in 2018, most (50.5%) reported that leave was taken for the worker’s own illness; about 18.6%
reported leave to care for a child, spouse, or parent with a serious medical need (and other 5.3% report taking leave to reported leave to care for a child, spouse, or parent with a serious medical need (and other 5.3% report taking leave to
care for a non-FMLA covered individual). Scott Brown, Jane Herr, Radha Roy, and Jacob Alex Klerman, care for a non-FMLA covered individual). Scott Brown, Jane Herr, Radha Roy, and Jacob Alex Klerman, Employee
and Worksite Perspectives of the Family and Medical Leave Act: Supplemental Results from the 2018 Surveys, ,
Appendix Exhibit B4-3, Abt Associates Inc. (Prepared for the Dept. of Labor), July 2020, https://www.dol.gov/Appendix Exhibit B4-3, Abt Associates Inc. (Prepared for the Dept. of Labor), July 2020, https://www.dol.gov/
Congressional Research Service Congressional Research Service

14 14

Paid Family and Medical Leave in the United States

availability issues noted earlier in this section, the wide variety of needs encompassed by these availability issues noted earlier in this section, the wide variety of needs encompassed by these
types of leave create methodological hurdles. For example, the impacts of medical leave (or types of leave create methodological hurdles. For example, the impacts of medical leave (or
caregiving leave) for workers and for their employers may differ if leave is used rarely (e.g., to caregiving leave) for workers and for their employers may differ if leave is used rarely (e.g., to
recover from a one-off surgical procedure) than for a chronic ailment. Medical leave needs can recover from a one-off surgical procedure) than for a chronic ailment. Medical leave needs can
also vary in terms of duration, further complicating efforts to establish generalizable findings. also vary in terms of duration, further complicating efforts to establish generalizable findings.
Nonetheless, the introduction of broad-coverage state leave insurance programs creates the Nonetheless, the introduction of broad-coverage state leave insurance programs creates the
potential for additional research in these areas. For example, one recent study asks whether potential for additional research in these areas. For example, one recent study asks whether
greater access to paid caregiving leave through the California and New Jersey state programs greater access to paid caregiving leave through the California and New Jersey state programs
helped workers remain attached to the labor market when their spouse became disabled or helped workers remain attached to the labor market when their spouse became disabled or
otherwise experienced a serious health shock. They find some evidence that access to paid otherwise experienced a serious health shock. They find some evidence that access to paid
caregiving leave reduces the likelihood that such workers decrease their work hours due to caregiving leave reduces the likelihood that such workers decrease their work hours due to
providing care, but did not find similar effects for other measures of labor supply (such as providing care, but did not find similar effects for other measures of labor supply (such as
employment or full-time status). They suggest that the lack of broader labor supply impacts may employment or full-time status). They suggest that the lack of broader labor supply impacts may
be influenced by the relatively short period of caregiving leave (6 weeks in each state during the be influenced by the relatively short period of caregiving leave (6 weeks in each state during the
study time period), which may be insufficient in some cases (e.g., severe chronic illness or study time period), which may be insufficient in some cases (e.g., severe chronic illness or
extended recovery periods), or because caregivers were unaware that the state programs offer extended recovery periods), or because caregivers were unaware that the state programs offer
benefits for spousal care. Lack of program awareness was identified in another study of the benefits for spousal care. Lack of program awareness was identified in another study of the
California and New Jersey programs as a potential reason that the programs had not been California and New Jersey programs as a potential reason that the programs had not been
associated with an increase in leave taking among those likely to provide elder care.associated with an increase in leave taking among those likely to provide elder care.4249 The study The study
also considered that the structure of the state leave insurance benefits (e.g., definition of also considered that the structure of the state leave insurance benefits (e.g., definition of
caregiving, timing and duration of leave, employer notice requirements, lack of job protection) do caregiving, timing and duration of leave, employer notice requirements, lack of job protection) do
not meet the needs of caregivers in those states. not meet the needs of caregivers in those states.
Some studies examine employers’ experiences with the increased access to paid leave through the Some studies examine employers’ experiences with the increased access to paid leave through the
state programs. One study compares employer outcomes in New York, following the state’s state programs. One study compares employer outcomes in New York, following the state’s
adoption of a family leave insurance program, to those of similar employers in Pennsylvania, a adoption of a family leave insurance program, to those of similar employers in Pennsylvania, a
neighboring state that does not have a leave insurance program.neighboring state that does not have a leave insurance program.4350 The study focused on The study focused on
employers with 10-99 employees. They found that in the first year of implementation, employers employers with 10-99 employees. They found that in the first year of implementation, employers
with 50-99 employees reported an increase in the ease of dealing with employee absences with 50-99 employees reported an increase in the ease of dealing with employee absences
(statistically significant results were not observed for employers with 10-49 employees). At the (statistically significant results were not observed for employers with 10-49 employees). At the
same time, however, they found that the albeit-small share of employers who report opposition to same time, however, they found that the albeit-small share of employers who report opposition to
the state program has increased from 4.1% in 2016 to 9.5%.the state program has increased from 4.1% in 2016 to 9.5%.4451 (A subsequent study by the same (A subsequent study by the same
research team found that employers’ support for state programs increased during the COVID-19 research team found that employers’ support for state programs increased during the COVID-19
pandemic).pandemic).4552 Another study looked at the relationship between the establishment of state Another study looked at the relationship between the establishment of state
programs and firm-level performance (as measured by firms’ return on assets and other financial programs and firm-level performance (as measured by firms’ return on assets and other financial

agencies/oasp/evaluation/fmla2018. agencies/oasp/evaluation/fmla2018.
4249 See Brant Morefield, Abby Hoffman, Jeremy Bray, and Nicholas Byrd, See Brant Morefield, Abby Hoffman, Jeremy Bray, and Nicholas Byrd, Leaving it to the Family: the Effects of Paid
Leave on Adult Child Caregivers, L&M Policy Research (Prepared for the Dept. of Labor), July 2016, , L&M Policy Research (Prepared for the Dept. of Labor), July 2016,
https://www.dol.gov/sites/dolgov/files/OASP/legacy/files/Paid_Leave_Leaving_it_to_the_family_Report.pdf. https://www.dol.gov/sites/dolgov/files/OASP/legacy/files/Paid_Leave_Leaving_it_to_the_family_Report.pdf.
4350 The research team collected information from employers in both states before and after the implementation of the The research team collected information from employers in both states before and after the implementation of the
New York program, allowing them to assess how the new policy may have changed employer views and outcomes. New York program, allowing them to assess how the new policy may have changed employer views and outcomes.
Ann P. Bartel, Maya Rossin-Slater, Christopher J. Ruhm, Meredith Slopen, and Jane Waldfogel, Ann P. Bartel, Maya Rossin-Slater, Christopher J. Ruhm, Meredith Slopen, and Jane Waldfogel, The Impact of Paid
Family Leave on Employers: Evidence from New York, NBER Working Paper 28672, April 2021, , NBER Working Paper 28672, April 2021,
https://www.nber.org/papers/w28672. https://www.nber.org/papers/w28672.
4451 The authors note that opposition appears pronounced among smaller employers. The authors note that opposition appears pronounced among smaller employers.
4552 The research team re-contacted as many employers from the original study sample as possible. Ann P. Bartel, Maya The research team re-contacted as many employers from the original study sample as possible. Ann P. Bartel, Maya
Rossin-Slater, Christopher J. Ruhm, Meredith Slopen, and Jane Waldfogel, Rossin-Slater, Christopher J. Ruhm, Meredith Slopen, and Jane Waldfogel, Support for Paid Family Leave among
Small Employers Increases during the COVID-19 Pandemic, NBER Working Paper 29486, December 2021, , NBER Working Paper 29486, December 2021,
https://www.nber.org/papers/w29486. https://www.nber.org/papers/w29486.
Congressional Research Service Congressional Research Service

15 15

link to page 21 link to page 21 link to page 5 Paid Family and Medical Leave in the United States

measures). measures).4653 It found evidence of improved firm-level performance after the establishment of It found evidence of improved firm-level performance after the establishment of
state programs for firms headquartered in states with leave insurance laws; the study’s authors state programs for firms headquartered in states with leave insurance laws; the study’s authors
attribute improvements to greater employee retention and the nomination of women to executive attribute improvements to greater employee retention and the nomination of women to executive
positions.positions.4754
Some additional insights to the potential impacts of paid medical leave, as defined in federal Some additional insights to the potential impacts of paid medical leave, as defined in federal
proposals, can be gained from research on the social and economic impacts of paid sick leave.proposals, can be gained from research on the social and economic impacts of paid sick leave.4855
For example, one study found that access to paid sick leave is associated with lower (involuntary) For example, one study found that access to paid sick leave is associated with lower (involuntary)
job separation rates.job separation rates.4956 By extension, one might speculate that access to paid medical leave may By extension, one might speculate that access to paid medical leave may
have similar impacts on job stability. Some caution is warranted however, in directly applying the have similar impacts on job stability. Some caution is warranted however, in directly applying the
results of paid sick leave studies to medical leave. Research on paid sick leave will likely capture results of paid sick leave studies to medical leave. Research on paid sick leave will likely capture
the impacts of relatively short period of leave (e.g., less than one week), as well as the effects of the impacts of relatively short period of leave (e.g., less than one week), as well as the effects of
preventive care and absences for minor illness and injury. Paid preventive care and absences for minor illness and injury. Paid medical leave, by definition, does , by definition, does
not include preventive care, and tends to allow for several weeks of leave. not include preventive care, and tends to allow for several weeks of leave.
Family and Medical Leave Benefits in OECD
Countries
Many advanced-economy countries entitle workers to family leave benefits and medical leave Many advanced-economy countries entitle workers to family leave benefits and medical leave
benefits (sometimes referred to as benefits (sometimes referred to as sickness benefits outside the United States), which are often outside the United States), which are often
provided—at least in part—through social insurance. Whereas some countries provide family provided—at least in part—through social insurance. Whereas some countries provide family
leave benefits to employees engaged in family caregiving (e.g., of parents, spouse, and other leave benefits to employees engaged in family caregiving (e.g., of parents, spouse, and other
family members), many emphasize leave for new parents, and mothers in particular. Where family members), many emphasize leave for new parents, and mothers in particular. Where
broader family caregiving benefits are provided, such benefits are most commonly available to broader family caregiving benefits are provided, such benefits are most commonly available to
parents caring for a seriously ill, injured or disabled child. Medical leave (or sickness) benefits parents caring for a seriously ill, injured or disabled child. Medical leave (or sickness) benefits
are provided in most OECD countries through a combination of employer-provided paid leave are provided in most OECD countries through a combination of employer-provided paid leave
and social insurance benefits that replace a portion of a worker’s lost earnings. and social insurance benefits that replace a portion of a worker’s lost earnings.
Parental Leave Benefits
As of As of ~~April 2020, The Organisation~~December 2022, the Organization for Economic Co-operation and Development (OECD) for Economic Co-operation and Development (OECD)
Family Database counts 37 of its 38 members as providing for some paid parental leave (i.e., to Family Database counts 37 of its 38 members as providing for some paid parental leave (i.e., to
care for children) and maternity leavecare for children) and maternity leave at the national level, with wide variation in the number of weeks and rate of , with wide variation in the number of weeks and rate of
wage replacement across countries. This is shown inwage replacement across countries. This is shown in Figure 3, w~~hich~~which plots the OECD’s estimates plots the OECD’s estimates
of weeks of full-wage equivalent leave available to mothers. The benefits summarized in this of weeks of full-wage equivalent leave available to mothers. The benefits summarized in this
figure includes maternity leave benefits and other leave benefits provided to figure includes maternity leave benefits and other leave benefits provided to mothers to care for children, including mothers employed in the private sector.57 Weeks of full-~~mothers to care for~~
~~children. Weeks of full-wage equivalent leave are calculated as the number of weeks of leave~~
~~available multiplied by the average wage payment rate. For example, a country that offers 12~~

4653 Benjamin Bennett, Isil Erel, Léa Stern, and Zexi Wang, Benjamin Bennett, Isil Erel, Léa Stern, and Zexi Wang, Paid Leave Pays Off: The Effects of Paid Family Leave on
Firm Performance, NBER Working Paper 27788, December 2020, https://www.nber.org/papers/w27788. , NBER Working Paper 27788, December 2020, https://www.nber.org/papers/w27788.
4754 The study presents some evidence that leave insurance programs are associated with an increase in the share of The study presents some evidence that leave insurance programs are associated with an increase in the share of
female executive officers who are below the age of 51 (the median age for female executives), and that firms in states female executive officers who are below the age of 51 (the median age for female executives), and that firms in states
with leave insurance programs had lower rates of employee turnover. with leave insurance programs had lower rates of employee turnover.
4855 BLS estimates that 77% of private sector workers had access to employer-provided paid sick leave in March 2021; BLS estimates that 77% of private sector workers had access to employer-provided paid sick leave in March 2021;
the median number of days that could be earned in a given year was six (among those limited to a fixed number of sick the median number of days that could be earned in a given year was six (among those limited to a fixed number of sick
days per year). BLS days per year). BLS 2021 Employee Benefits Survey, Table 33 (access) and Table 36 (median sick leave days), , Table 33 (access) and Table 36 (median sick leave days),
September 2021, https://www.bls.gov/ncs/ebs/. September 2021, https://www.bls.gov/ncs/ebs/.
4956 Heather D. Hill, “Paid Sick Leave and Job Stability,” Heather D. Hill, “Paid Sick Leave and Job Stability,” Work and Occupations, vol. 40, no. 2 (May 2013). , vol. 40, no. 2 (May 2013).
57 See footnote 2 for information on the paid parental leave benefit available to many federal government employees in the United States. Congressional Research Service Congressional Research Service

16 16

link to page 22 link to page 22 ~~link to page 15~~

Paid Family and Medical Leave in the United States

wage equivalent leave are calculated as the number of weeks of leave available multiplied by the average wage payment rate. For example, a country that offers 12 weeks of leave at 50% pay would be said to offer 6 full-wage equivalent weeks of leave (i.e., 12 weeks of leave at 50% pay would be said to offer 6 full-wage equivalent weeks of leave (i.e., 12
weeks x 50% = 6 weeks). weeks x 50% = 6 weeks).
Figure 3. Average Full-Wage Equivalent Weeks of Paid Leave Available to Mothers
OECD Member Countries’ Leave Benefit Provisions as of OECD Member Countries’ Leave Benefit Provisions as of ~~April 2020~~December 2022

Source: OECD, Family Database, Indicator Table PF2.1.A, http://www.oecd.org/els/family/database.htm. OECD, Family Database, Indicator Table PF2.1.A, http://www.oecd.org/els/family/database.htm.
Notes: Leave available to mothers includes maternity leave and leave provided to care for children. Average ful - Leave available to mothers includes maternity leave and leave provided to care for children. Average ful -
wage equivalent weeks are calculated by the OECD as the product of the number of weeks of leave and wage equivalent weeks are calculated by the OECD as the product of the number of weeks of leave and
“average payment rate,” which describes the share of previous earnings replaced over the period of paid leave “average payment rate,” which describes the share of previous earnings replaced over the period of paid leave
for “a person earning 100% of average national ful -time earnings.” Leave benefits are subject to country-specific for “a person earning 100% of average national ful -time earnings.” Leave benefits are subject to country-specific
eligibility requirements, which may limit benefit to workers in certain types of employment relationships, who eligibility requirements, which may limit benefit to workers in certain types of employment relationships, who
have been employed for a particular duration, or who have made contributions at a certain level to a social have been employed for a particular duration, or who have made contributions at a certain level to a social
insurance program. insurance program.
A smaller majority ( A smaller majority (3135 of 38) of OECD countries provided leave benefits to new fathers in of 38) of OECD countries provided leave benefits to new fathers in
~~2020.50~~ 2022. In some cases, fathers were entitled to a week In some cases, fathers were entitled to a week at full pay (e.g., Chile, Hungary, Mexico, and Turkey (Türkiye)), ~~(e.g., Mexico) or less (Greece) at full pay,~~
whereas other countries provided several weeks of full or partial pay (e.g., Spain provided whereas other countries provided several weeks of full or partial pay (e.g., Spain provided 12
16 weeks at full pay, and the United Kingdom provided 2 weeks at an average payment rate of weeks at full pay, and the United Kingdom provided 2 weeks at an average payment rate of
18.18.85%). Some countries provide a separate entitlement to fathers for child caregiving purposes. %). Some countries provide a separate entitlement to fathers for child caregiving purposes.
This type of parental leave can be an individual entitlement for fathers or a family entitlement that This type of parental leave can be an individual entitlement for fathers or a family entitlement that
can be drawn from by both parentcan be drawn from by both parents. Figure 4 summarizes paid leave benefits reserved for fathers summarizes paid leave benefits reserved for fathers
in OECD countries in in OECD countries in ~~2020~~2022; it plots the OECD’s estimates of weeks of full-wage equivalent of ; it plots the OECD’s estimates of weeks of full-wage equivalent of
~~combined paternity leave and parental leave reserved for fathers.~~

~~50 This section reports OECD data on fathers’ parental leave benefits in 2020 because it is the most current year of data~~
~~available from the OECD Family Database. However, in June 2019 the European Parliament and the Council of the~~
~~European Union issued Directive 2019/1158 on Work-life Balance for Parents and Carers (and Repealing Council~~
~~Directive 2010/18/EU), which among other things directed EU Member States to “take the necessary measures to~~
~~ensure that fathers or, where and insofar as recognised by national law, equivalent second parents, have the right to~~
~~paternity leave of 10 working days that is to be taken on the occasion of the birth of the worker’s child.” The Directive~~
~~allow provided that Members State are “to ensure that each worker has an individual right to parental leave of four~~
~~months that is to be taken before the child reaches a specified age, up to the age of eight, to be specified by each~~
~~Member State or by collective agreement. That age shall be determined with a view to ensuring that each parent is able~~
~~to exercise their right to parental leave effectively and on an equal basis” and that “two months of parental leave cannot~~
~~be transferred.” In light of this directive, some EU member countries may have changed their policies in ways that are~~
~~not reflected in Figure 2. The directive is at https://eur-lex.europa.eu/eli/dir/2019/1158/oj.~~
combined paternity leave and parental leave reserved for fathers. Congressional Research Service Congressional Research Service

17 17

link to page 38 link to page 38

Paid Family and Medical Leave in the United States

Figure 4. Average Full-Wage Equivalent Weeks of Paid Leave Available to Fathers
OECD Member Countries’ Leave Benefit Provisions as of OECD Member Countries’ Leave Benefit Provisions as of ~~April 2020~~December 2022

Source: OECD, Family Database, Indicator Table PF2.1.B, http://www.oecd.org/els/family/database.htm. OECD, Family Database, Indicator Table PF2.1.B, http://www.oecd.org/els/family/database.htm.
Notes: Leave available to fathers includes paternity leave and leave reserved for fathers to care for children. Leave available to fathers includes paternity leave and leave reserved for fathers to care for children.
Average ful -wage equivalent weeks are calculated by the OECD as the product of the number of weeks of leave Average ful -wage equivalent weeks are calculated by the OECD as the product of the number of weeks of leave
and “average payment rate,” which describes the share of previous earnings replaced over the period of paid and “average payment rate,” which describes the share of previous earnings replaced over the period of paid
leave for “a person earning 100% of average national ful -time earnings.” Leave benefits are subject to country-leave for “a person earning 100% of average national ful -time earnings.” Leave benefits are subject to country-
specific eligibility requirements, which may limit benefit to workers in certain types of employment relationships, specific eligibility requirements, which may limit benefit to workers in certain types of employment relationships,
who have been employed for a particular duration, or who have made contributions at a certain level to a social who have been employed for a particular duration, or who have made contributions at a certain level to a social
insurance program. insurance program.
Other Family Caregiving Benefits
Most OECD countries provide for paid caregiving leave, but qualifying needs for leave, leave Most OECD countries provide for paid caregiving leave, but qualifying needs for leave, leave
entitlement durations, benefit amounts, and other program features vary across the member entitlement durations, benefit amounts, and other program features vary across the member
countries. (See summary information incountries. (See summary information in Table B-1.5158) For example, in some OECD countries, ) For example, in some OECD countries,
parents may access paid leave to care for a child below a certain age (e.g., Estonia), and in others parents may access paid leave to care for a child below a certain age (e.g., Estonia), and in others
paid caregiving leave may be used to care for a family member who is not (necessarily) a child.paid caregiving leave may be used to care for a family member who is not (necessarily) a child.5259
In some countries employees are fully compensated during leave (e.g., Australia), whereas in In some countries employees are fully compensated during leave (e.g., Australia), whereas in
others employees receive partial wage replacement (e.g., in Canada employees on leave receive others employees receive partial wage replacement (e.g., in Canada employees on leave receive
55% of lost earnings up to a maximum weekly amount). According to a 2018 report by the World 55% of lost earnings up to a maximum weekly amount). According to a 2018 report by the World
Policy Analysis Center, OECD caregiving benefits are often financed through national social Policy Analysis Center, OECD caregiving benefits are often financed through national social
insurance programs.insurance programs.5360

5158 The table is based on information published by the Organisation for Economic Cooperation and Development The table is based on information published by the Organisation for Economic Cooperation and Development
(OECD) and includes only those OECD countries for whom such policies were identified. OECD member countries, (OECD) and includes only those OECD countries for whom such policies were identified. OECD member countries,
like the United States, that provide an entitlement to eligible employees to like the United States, that provide an entitlement to eligible employees to unpaid leave are not included. See OECD leave are not included. See OECD
Family Database, Indicator PF2.3 Additional Leave Entitlements of Working Parents, Table PF2.3.B, updated June 12, Family Database, Indicator PF2.3 Additional Leave Entitlements of Working Parents, Table PF2.3.B, updated June 12,
~~2016~~2020; available from http://www.oecd.org/els/soc/PF2_3_Additional_leave_entitlements_of_working_parents.pdf. ; available from http://www.oecd.org/els/soc/PF2_3_Additional_leave_entitlements_of_working_parents.pdf.
5259 In most cases, the family member concept is restricted to a child, parent, and spouse; but this is not always the case. In most cases, the family member concept is restricted to a child, parent, and spouse; but this is not always the case.
For example, in 2015 the Netherlands expanded its concept of family member to include extended family (e.g., a For example, in 2015 the Netherlands expanded its concept of family member to include extended family (e.g., a
grandparent) and non-family members with whom the employee has a close relationship. This change was made in grandparent) and non-family members with whom the employee has a close relationship. This change was made in
accordance with the Dutch Modernizing Leave Arrangements and Working Times Act (accordance with the Dutch Modernizing Leave Arrangements and Working Times Act (Wet modernisering regelingen
voor verlof en arbeidstijden), which took effect on January 1, 2015. ), which took effect on January 1, 2015.
5360 Amy Raub, Alison Earle, and Paul Chung et al., Amy Raub, Alison Earle, and Paul Chung et al., Paid Leave for Family Illness: A Detailed Look at Approaches
Across OECD Countries, WORLD Policy Analysis Center, 2018, https://www.worldpolicycenter.org/sites/default/files/, WORLD Policy Analysis Center, 2018, https://www.worldpolicycenter.org/sites/default/files/
WORLD%20Report%20-%20Parental%20Leave%20OECD%20Country%20Approaches_0.pdf. WORLD%20Report%20-%20Parental%20Leave%20OECD%20Country%20Approaches_0.pdf.
Congressional Research Service Congressional Research Service

18 18

link to page 41 link to page 41 Paid Family and Medical Leave in the United States

Medical Leave Benefits
Table B-2 provides summary information on OECD country medical leave benefits. Most provides summary information on OECD country medical leave benefits. Most
countries provide for several months of leave benefits that compensate workers for a portion of countries provide for several months of leave benefits that compensate workers for a portion of
earnings lost while absent from work. In the majority of OECD member countries, medical leave earnings lost while absent from work. In the majority of OECD member countries, medical leave
is provided through a combination of employer-provided paid leave and social insurance benefits is provided through a combination of employer-provided paid leave and social insurance benefits
(usually with an employer providing benefits for a certain number of days or weeks, after which (usually with an employer providing benefits for a certain number of days or weeks, after which
benefits are paid by through a social insurance program).benefits are paid by through a social insurance program).5461
Recent Federal PFML Legislation and Proposals
The overarching goal of PFML legislative activity in The overarching goal of PFML legislative activity in ~~the 117th Congress~~recent years has been to increase has been to increase
access to family and medical leave by reducing the costs incurred by employers and workers access to family and medical leave by reducing the costs incurred by employers and workers
associated with providing or taking leave.associated with providing or taking leave.~~55 For~~62 In the 117th Congress, for example, the Expanding Small Employer Pooling example, the Expanding Small Employer Pooling
Options for Paid Family Leave Act of 2021 (H.R. 5161) Options for Paid Family Leave Act of 2021 (H.R. 5161) ~~proposes to allow~~ would have allowed multiple employer multiple employer
welfare arrangements, as covered by the Employee Retirement Income Security Act (ERISA; P.L. welfare arrangements, as covered by the Employee Retirement Income Security Act (ERISA; P.L.
93-406), to include family and medical leave benefits.93-406), to include family and medical leave benefits.5663 Such a change Such a change ~~may potentially create~~
may have potentially created additional opportunities for certain employers to pool risk and affect the costs of providing such additional opportunities for certain employers to pool risk and affect the costs of providing such
benefits. benefits.
Other Other ~~proposals~~bills introduced in the 117th Congress aimed to make leave more accessible to workers by providing a cash benefit to aimed to make leave more accessible to workers by providing a cash benefit to
workers on leave. The Build Back Better Act (BBBA, H.R. 5376) proposed, among other things, workers on leave. The Build Back Better Act (BBBA, H.R. 5376) proposed, among other things,
a new federal cash benefit for eligible individuals engaged in certain types of family caregiving, a new federal cash benefit for eligible individuals engaged in certain types of family caregiving,
including self-care for serious medical conditionsincluding self-care for serious medical conditions~~.57~~; the cash benefit was not included in the enacted version of the bill (P.L. 117-169).64 Similarly, the establishment of a national Similarly, the establishment of a national
family and medical leave insurance program, such as that proposed in the Family and Medical family and medical leave insurance program, such as that proposed in the Family and Medical
Insurance Leave Act (FAMILY Act; H.R. 804/S. 248) would Insurance Leave Act (FAMILY Act; H.R. 804/S. 248) would ~~provide~~have provided cash benefits to eligible cash benefits to eligible
individuals who are engaged in certain caregiving activities (including self-care).individuals who are engaged in certain caregiving activities (including self-care).5865 The New The New
Parents Act Parents Act of 2021 (S. 2764) would (S. 2764) would ~~allow~~have allowed eligible new parents to temporarily access (borrow) up to 3 eligible new parents to temporarily access (borrow) up to 3
months of Social Security benefits before the current-law retirement benefit eligibility age. In months of Social Security benefits before the current-law retirement benefit eligibility age. In
return, eligible parents would need to repay benefits by either accepting an increase in their Social return, eligible parents would need to repay benefits by either accepting an increase in their Social
Security retirement age or accepting a temporary reduction in future Social Security old-age Security retirement age or accepting a temporary reduction in future Social Security old-age
benefits by an amount determined by the Social Security Administration. Cash benefits proposed benefits by an amount determined by the Social Security Administration. Cash benefits proposed
by the BBBA and FAMILY Act and temporary access to Social Security benefits proposed by the by the BBBA and FAMILY Act and temporary access to Social Security benefits proposed by the
~~New Parents Act could potentially make the use of unpaid leave (e.g., as provided by FMLA or~~
~~voluntarily by employers) affordable for some workers.~~
New Parents Act could have
5461 Information on how this is done in some OECD countries is in Table 4 of Amy Raub, Paul Chung, and Priya Batra, Information on how this is done in some OECD countries is in Table 4 of Amy Raub, Paul Chung, and Priya Batra,
et al., et al., Paid Leave for Personal Illness: A Detailed Look at Approaches in OECD Countries, World Policy Analysis , World Policy Analysis
Center, 2018, https://www.worldpolicycenter.org/sites/default/files/WORLD Report - Personal Medical Leave OECD Center, 2018, https://www.worldpolicycenter.org/sites/default/files/WORLD Report - Personal Medical Leave OECD
Country Approaches_0.pdf. Country Approaches_0.pdf.
5562 This section provides examples of proposed legislation, introduced as of May 2022, to illustrate the types of This section provides examples of proposed legislation, introduced as of May 2022, to illustrate the types of
approaches considered in the current Congress. approaches considered in the current Congress.
5663 A discussion of multiple employer welfare arrangements is in Department of Labor, Multiple Employer A discussion of multiple employer welfare arrangements is in Department of Labor, Multiple Employer
Arrangements under the Employee Retirement Income Security Act (ERISA)” A guide to Federal and State Regulation, Arrangements under the Employee Retirement Income Security Act (ERISA)” A guide to Federal and State Regulation,
Employee Benefits Security Administration, August 2013, https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/Employee Benefits Security Administration, August 2013, https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/
our-activities/resource-center/publications/mewa-under-erisa-a-guide-to-federal-and-state-regulation.pdf. our-activities/resource-center/publications/mewa-under-erisa-a-guide-to-federal-and-state-regulation.pdf.
5764 An overview of the cash benefit proposed in the BBBA is in CRS In Focus IF11994, An overview of the cash benefit proposed in the BBBA is in CRS In Focus IF11994, Build Back Better Act:
Universal Comprehensive Paid Leave, by Sarah A. Donovan and Barry F. Huston, by Sarah A. Donovan and Barry F. Huston.
5865 The FAMILY Act, as introduced in the 116th Congress, is described in CRS Report R46390, The FAMILY Act, as introduced in the 116th Congress, is described in CRS Report R46390, Paid Family and
Medical Leave: Current Policy and Legislative Proposals in the 116th Congress, by Molly F. Sherlock, Barry F. , by Molly F. Sherlock, Barry F.
Huston, and Sarah A. Donovan. Huston, and Sarah A. Donovan.
Congressional Research Service Congressional Research Service

19 19

Paid Family and Medical Leave in the United States potentially made the use of unpaid leave (e.g., as provided by FMLA or voluntarily by employers) affordable for some workers. Congressional Research Service 20 link to page 31 ~~link to page 30~~ link to page link to page 3031 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31
Appendix A. State Leave Insurance Programs, Selected Provisions as of ~~May~~
~~2022~~February 2023
Table A-1. State Family and Medical Leave Insurance Program Provisions, as of ~~May 2022~~February 2023
Earnings and
State
Weeks of Insurance Benefits Available in a Benefit Year
Benefit Formula and
Employment
Program
(typically a 12-month period)a
Maximum Weekly Benefitb
Requirementsc
Financing
California California
52 weeks total, of which up to 8 weeks of family leave insurance 52 weeks total, of which up to 8 weeks of family leave insurance
For workers with an average For workers with an average
The worker must have The worker must have
Payrol tax on Payrol tax on
(FLI) may be claimed for (FLI) may be claimed for
weekly wage (AWW) less than weekly wage (AWW) less than
earned $300 in wages earned $300 in wages
employees. employees.
 
one-third of the state AWW, one-third of the state AWW,
in California that were in California that were

The care of a new child by birth, adoption, or foster The care of a new child by birth, adoption, or foster
care, care,
FLI and TDI benefits are 70% of FLI and TDI benefits are 70% of
subject to the state subject to the state
the worker’s AWW. In general, the worker’s AWW. In general,
TDI/FLI payrol tax TDI/FLI payrol tax
 
A serious health condition of a qualified family member, and A serious health condition of a qualified family member, and
when a worker’s AWW are when a worker’s AWW are
over the worker’s base over the worker’s base
 
Certain needs related to the military deployment of a Certain needs related to the military deployment of a
one-third of the state AWW or one-third of the state AWW or
perio period.e
qualified family member. qualified family member.
more, benefits are calculated as more, benefits are calculated as

Up to 52 weeks of temporary disability insurance (TDI) benefits Up to 52 weeks of temporary disability insurance (TDI) benefits
60% of the worker’s AWW, up 60% of the worker’s AWW, up
may be claimed for the employee’s own temporary disability. may be claimed for the employee’s own temporary disability.
to a maximum amount to a maximum amount ~~($1,540~~$1,620
per week in per week in ~~2022~~2023).d

Colorado Colorado
12 weeks total, which may be claimed for the fol owing family and Workers receive 90% of the 12 weeks total, which may be claimed for the fol owing family and Workers receive 90% of the
The worker must have The worker must have
Payrol tax on Payrol tax on
( (~~Benefits~~benefits
medical leave events: medical leave events:
portion of their AWW that is portion of their AWW that is
earned at least $2,500 earned at least $2,500
employers and employers and
payable January  payable January 
50% or less of the state AWW, 50% or less of the state AWW,
in wages that were in wages that were
employees. employees.

The care of a new child by birth, adoption, or foster care, The care of a new child by birth, adoption, or foster care,
2024) 2024)
and they receive 50% of the and they receive 50% of the
subject to the paid subject to the paid
 
Employers with nine or Employers with nine or

A serious health condition of a qualified family member, A serious health condition of a qualified family member,
portion of their AWW that is portion of their AWW that is
family and medical leave fewer employees are family and medical leave fewer employees are
 
Needs related to the stalking of the employee or a qualified Needs related to the stalking of the employee or a qualified
above 50% of the state AWW, above 50% of the state AWW,
insurance payrol tax insurance payrol tax
exempt from the exempt from the
family member, or sexual assault or abuse, or domestic family member, or sexual assault or abuse, or domestic
up to a maximum amount up to a maximum amount
over the worker’s base over the worker’s base
employer portion of employer portion of
violence to the employee or a qualified family member, violence to the employee or a qualified family member,
($1,100 in 2024). In each year ($1,100 in 2024). In each year
perio period.e
payrol tax payrol tax
 
after 2024, the maximum after 2024, the maximum

Certain needs related to the military deployment of a Certain needs related to the military deployment of a

contributions. contributions.
qualified family member, and qualified family member, and
weekly benefit is 90% of the weekly benefit is 90% of the
state AWW. state AWW.
 
The employee’s own serious health condition. The employee’s own serious health condition.
4 weeks of additional medical leave benefits may be claimed for a 4 weeks of additional medical leave benefits may be claimed for a
serious health condition related to pregnancy complications or serious health condition related to pregnancy complications or
childbirth complications, bringing total benefits to 16 weeks in childbirth complications, bringing total benefits to 16 weeks in
such cases. such cases.
CRS- CRS-2021

link to page link to page 3031 link to page link to page 3031 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31
Earnings and
State
Weeks of Insurance Benefits Available in a Benefit Year
Benefit Formula and
Employment
Program
(typically a 12-month period)a
Maximum Weekly Benefitb
Requirementsc
Financing
~~Connecticut~~Connecticutf
12 weeks total, which may be claimed for the fol owing family and Workers receive 95% of the 12 weeks total, which may be claimed for the fol owing family and Workers receive 95% of the
Benefit recipients must Benefit recipients must
Payrol tax on Payrol tax on

medical leave events: medical leave events:
portion of their AWW that is portion of their AWW that is
have earnings of at least employees. have earnings of at least employees.
 
less than or equal to the less than or equal to the
$2,325 in the highest $2,325 in the highest

The care of a new child by birth, adoption, or foster care, The care of a new child by birth, adoption, or foster care,
earnings from a 40 hour earnings from a 40 hour
earning quarter within earning quarter within
 
A serious health condition of a qualified family member, A serious health condition of a qualified family member,
workweek compensated at the workweek compensated at the
the base perio the base period.e
 
Certain needs related to the military deployment of a Certain needs related to the military deployment of a
CT minimum hourly CT minimum hourly ~~wagef~~wageg plus plus
They must also be They must also be
qualified family member, qualified family member,
60% of the portion of their 60% of the portion of their
currently or recently currently or recently
 
AWW that is above this AWW that is above this

The care of a qualified military family member with a serious The care of a qualified military family member with a serious
employed (i.e., employed (i.e.,
il ness or injury, il ness or injury,
threshold, up to a maximum threshold, up to a maximum
employed in the last 12 employed in the last 12
amount. The maximum weekly amount. The maximum weekly
 
weeks). weeks).

Up to 12 days for needs related to domestic violence (for Up to 12 days for needs related to domestic violence (for
benefit is set at 60 times the CT benefit is set at 60 times the CT
employee or a qualified family member), employee or a qualified family member),
minimum wage. ($ minimum wage. ($~~780~~840 weekly as weekly as
 
To serve as an organ or bone marrow donor, and To serve as an organ or bone marrow donor, and
of of ~~January~~July 1, 2022, 1, 2022, and increasing to increasing to
 
$ $~~840 on July 1, 2022, and $900~~900 on June 1, 2023.)

An employee’s own serious health condition. An employee’s own serious health condition.
~~on June 1, 2023.)~~
2 additional weeks of benefits may be claimed for a serious health2 additional weeks of benefits may be claimed for a serious health
condition if an employee’s pregnancy results in incapacitation, condition if an employee’s pregnancy results in incapacitation,

bringing total benefits to 14 weeks in such cases. bringing total benefits to 14 weeks in such cases.
Delaware Delaware
In general, 12 weeks total of family and medical leave benefits In general, 12 weeks total of family and medical leave benefits
Workers receive 80% of their Workers receive 80% of their
Workers must be Workers must be
Payrol tax on covered Payrol tax on covered
( (~~Benefits~~benefits
may be claimed in a benefit year. may be claimed in a benefit year.
AWW, up to a maximum AWW, up to a maximum
employed by their employed by their
employers, who may employers, who may
payable in payable in
In general, 12 weeks of benefits may be claimed in a benefit year In general, 12 weeks of benefits may be claimed in a benefit year
amount ($900 per week in 2026 current employer for amount ($900 per week in 2026 current employer for
opt to share costs (up opt to share costs (up
January 2026) January 2026)
for the care of a new child by birth, adoption, or foster care; for the care of a new child by birth, adoption, or foster care;
and 2027 and 2027).h
12 months and have 12 months and have
to 50%) with covered to 50%) with covered
however, employers with fewer than 25 employees may elect to however, employers with fewer than 25 employees may elect to
worked for the current worked for the current
employees. employees.
limit parental leave benefits to 6-12 weeks in a benefit year from limit parental leave benefits to 6-12 weeks in a benefit year from
employer for at least employer for at least
Employees and Employees and
January 2026 through December 2030. January 2026 through December 2030.
1,250 hours in the 12- 1,250 hours in the 12-
employers may opt out employers may opt out
months preceding months preceding
Up to 6 weeks of benefits may be claimed Up to 6 weeks of benefits may be claimed ~~onceg~~ in a 24-month in a 24-month
period of contributions if the of contributions if the
l leave.i
~~periods~~ for the fol owing family and medical leave events: for the fol owing family and medical leave events:
employee is not employee is not

Except for parental expected to meet expected to meet
 
A serious health condition of a qualified family member, A serious health condition of a qualified family member,
leave benefits, a worker eligibility conditions. eligibility conditions.
 
Certain needs related to the military deployment of a Certain needs related to the military deployment of a
~~qualified family member, and~~

is eligible for benefits qualified family member, and not more than once in  a 24-month period.j An employee’s own serious health condition. An employee’s own serious health condition.

CRS- CRS-2122

link to page link to page 3031 link to page link to page 3031 link to page 31 link to page 31 link to page link to page 31 link to page 31 link to page 3132 link to page 32 link to page 32
Earnings and
State
Weeks of Insurance Benefits Available in a Benefit Year
Benefit Formula and
Employment
Program
(typically a 12-month period)a
Maximum Weekly Benefitb
Requirementsc
Financing
District of District of
Through September Through September ~~2022,j~~ ~~8 weeks total, of which up to~~2023 (and due to a surplus in the DC
Benefits are 90% of the portion Benefits are 90% of the portion
The worker must have The worker must have
Payrol tax on covered Payrol tax on covered
Columbia Columbia

Universal Paid Leave Fund),k 12 weeks total, which may be of a worker’s AWW that is of a worker’s AWW that is
worked for at least one employers. worked for at least one employers.

~~8 weeks of benefits may be claimed for the care of a new~~

~~child by birth, adoption, or foster care,~~
claimed for the fol owing family and medical leave events: l 150% or less of 40 hours 150% or less of 40 hours
week in the 52 calendar week in the 52 calendar
 compensated at the DC compensated at the DC
weeks preceding the weeks preceding the

~~6 weeks for a serious health condition of a qualified family~~
the care of a new child by birth, adoption, or foster care, minimum wage (i.e., “150% of minimum wage (i.e., “150% of
qualifying event for qualifying event for
 a serious health condition of a qualified family member, and member, and
the DC minimum weekly the DC minimum weekly
leave for a covered leave for a covered
 
~~6 weeks for~~ the employee’s own serious health condition. the employee’s own serious health condition.
wage”), plus 50% of average wage”), plus 50% of average
DC-based employer, DC-based employer,
In addition, In addition, ~~a worker is entitled to 2 weeks of benefits for~~2 weeks may be claimed for prenatal care (i.e.,
earnings above 150% of the DC earnings above 150% of the DC
and at least 50% of that and at least 50% of that
~~prenatal care (i.e.,~~ potentially increasing the entitlement to potentially increasing the entitlement to 1014 total weeks of
minimum weekly wage, up to a minimum weekly wage, up to a
work must occur in work must occur in
~~total weeks of~~ benefits for some workers), as long as the benefits for some workers), as long as the
duration of benefits maximum weekly amount maximum weekly amount
DC for such a DC- DC for such a DC-
~~duration of benefits~~ claimed for prenatal careclaimed for prenatal care, and for the and for the
employee’s own serious ($1,049 ~~($1,009~~ per week per week ~~in 2022).~~through
based employer. based employer.
~~employee’s own serious health condition do not exceed 6 weeks.~~
~~Due to a surplus in the DC Universal Paid Leave Fund, starting~~
~~between July 1, 2022-October 1, 2022,k 12 weeks total, of which~~
up

~~12 weeks of benefits may be claimed for the care of a new~~
~~child by birth, adoption, or foster care,~~

~~12 weeks for a serious health condition of a qualified family~~
~~member, and~~

~~12 weeks for the employee’s own serious health condition~~
~~In addition, 2 weeks may be claimed for prenatal care (i.e.,~~
~~potentially increasing the entitlement to 14 total weeks of~~
~~benefits for some workers), as long as the duration of benefits~~
~~claimed for prenatal care, and for the employee’s own serious~~
~~health condition do not exceed 12 weeks.~~
~~CRS-22~~

~~link to page 30 link to page 30 link to page 31 link to page 31 link to page 31 link to page 31~~
~~Earnings and~~
~~State~~
~~Weeks of Insurance Benefits Available in a Benefit Year~~
~~Benefit Formula and~~
~~Employment~~
~~Program~~
~~(typically a 12-month period)a~~
~~Maximum Weekly Benefitb~~
~~Requirementsc~~
~~Financing~~health condition do not exceed 12 weeks. September 2023; the maximum benefit wil be adjusted on October 1, 2023).
Maryland Maryland
12 weeks total, which may be claimed for the fol owing family and Workers receive 90% of the 12 weeks total, which may be claimed for the fol owing family and Workers receive 90% of the
The worker must have The worker must have
Payrol tax on Payrol tax on
( (~~Benefits~~benefits
medical leave events: medical leave events:
portion of their AWW that is portion of their AWW that is
worked 680 hours or worked 680 hours or
employees and on employees and on
payable in payable in
 
65% or less of the state AWW; 65% or less of the state AWW;
more in the 12-month more in the 12-month
employers with 15 or employers with 15 or

the care of a new child by birth, adoption, or foster care, the care of a new child by birth, adoption, or foster care,
January 2025) January 2025)
they receive 50% of the portion they receive 50% of the portion
period immediately period immediately
more employees. more employees.
 
a serious health condition of a qualified family member, a serious health condition of a qualified family member,
of their AWW that is above of their AWW that is above
preceding the first day preceding the first day
 
certain needs related to the military deployment of a certain needs related to the military deployment of a
65% of the state AWW, up to a 65% of the state AWW, up to a
of benefi of benefits.mn
qualified family member, qualified family member,
maximum amount ($1,000 per maximum amount ($1,000 per
 
week in 2025 week in 2025).lm

the care of a military family member, who is the claimant’s the care of a military family member, who is the claimant’s
next of kin, with a serious health condition resulting from next of kin, with a serious health condition resulting from
military service, and military service, and
 
an employee’s own serious health condition. an employee’s own serious health condition.
12 additional weeks of benefits may be claimed for a serious 12 additional weeks of benefits may be claimed for a serious
health condition if the individual previously claimed benefits for health condition if the individual previously claimed benefits for
the care of a new child (or vice versa), bringing total benefits to the care of a new child (or vice versa), bringing total benefits to
24 weeks in such cases. 24 weeks in such cases.
CRS-23 link to page 31 link to page 31 link to page 31 link to page 32 link to page 32 link to page 32 link to page 31 Earnings and State Weeks of Insurance Benefits Available in a Benefit Year Benefit Formula and Employment Program (typically a 12-month period)a Maximum Weekly Benefitb Requirementsc Financing Massachusetts 25 weeks total,o~~Massachusetts~~
~~25 weeks total,n~~ of which up to 12 weeks of FLI benefits may be of which up to 12 weeks of FLI benefits may be
Workers receive 80% of the Workers receive 80% of the
The worker meets the The worker meets the
FLI is financed through FLI is financed through

claimed for claimed for
portion of their AWW that is portion of their AWW that is
financial eligibility financial eligibility
a payrol tax on a payrol tax on
 
50% or less of the state AWW; 50% or less of the state AWW;
requirements for requirements for
employees. employees.

the care of a new child by birth, adoption, or foster care, the care of a new child by birth, adoption, or foster care,
they receive 50% of the portion they receive 50% of the portion
receiving receiving
 
MLI is financed through MLI is financed through

a serious health condition of a qualified family member, and of their AWW that is above a serious health condition of a qualified family member, and of their AWW that is above
unemployment unemployment
a payrol tax on a payrol tax on
 
certain needs related to the military deployment of a certain needs related to the military deployment of a
50% of the state AWW, up to a 50% of the state AWW, up to a
insurance (i.e., in insurance (i.e., in ~~2022~~2023, ,
employers and employers and
qualified family member; qualified family member;
maximum amount ($1, maximum amount ($1,~~084.31~~129.82
the worker would have the worker would have
employees. Employers employees. Employers
and up to 25 weeks of FLI benefits may be claimed for the care of per week in and up to 25 weeks of FLI benefits may be claimed for the care of per week in ~~2022~~2023). ).
had to have earned at had to have earned at
with fewer than 25 with fewer than 25
a military family member with a serious il ness or injury. a military family member with a serious il ness or injury.
least $ least $~~5,700~~6,000 in the last in the last
employees are exempt employees are exempt
4 completed calendar 4 completed calendar
Up to 20 weeks of medical leave insurance (MLI) may be claimed Up to 20 weeks of medical leave insurance (MLI) may be claimed
from the employer from the employer
quarters). quarters).
for the employee’s own serious health condition. for the employee’s own serious health condition.
portion of the MLI portion of the MLI
payrol tax payrol tax
contributions. contributions.
~~CRS-23~~

~~link to page 30 link to page 30 link to page 31 link to page 31 link to page 31 link to page 31 link to page 32 link to page 32 link to page 32~~
~~Earnings and~~
~~State~~
~~Weeks of Insurance Benefits Available in a Benefit Year~~
~~Benefit Formula and~~
~~Employment~~
~~Program~~
~~(typically a 12-month period)a~~
~~Maximum Weekly Benefitb~~
~~Requirementsc~~
~~Financing~~
~~New Jersey~~
~~38-52 weeks total,o~~New Jersey 38-52 weeks total,p of which up to 12 weeks (or 56 intermittent of which up to 12 weeks (or 56 intermittent
Workers receive 85% of their Workers receive 85% of their
The worker meets the The worker meets the
FLI is financed through FLI is financed through
days) may be claimed for the FLI events: days) may be claimed for the FLI events:
AWW, up to a maximum AWW, up to a maximum
financial eligibility financial eligibility
a payrol tax on a payrol tax on
 
amount equal to 70% of the amount equal to 70% of the
requirements for requirements for
employees. employees.

the care of a new child by birth, adoption, or foster care, the care of a new child by birth, adoption, or foster care,
statewide AWW ($ statewide AWW ($~~993~~1,025 per per
unemployment unemployment
 
TDI is financed through TDI is financed through

a serious health conditio a serious health conditionpnq of a qualified family member, and week in of a qualified family member, and week in ~~2022~~2023). ).
insurance. In insurance. In ~~2022~~2023, ,
a payrol tax on a payrol tax on
 
needs related to domestic or sexual violence to the needs related to domestic or sexual violence to the
these are 20 or more these are 20 or more
employers and employers and
employee or a qualified family member. employee or a qualified family member.
calendar weeks with calendar weeks with
employees. employees.
Up to 26 weeks of TDI benefits may be claimed for an Up to 26 weeks of TDI benefits may be claimed for an
earnings of $ earnings of $~~240~~260 in in
employee’s own temporary disability, for a single period of employee’s own temporary disability, for a single period of
each week in the base each week in the base
disability. disability.
period, or at least period, or at least
$$1213,000 in earnings during the base period.e CRS-24 link to page 31 link to page 31 link to page 31 link to page 32 link to page 32 link to page 32 link to page 31 Earnings and State Weeks of Insurance Benefits Available in a Benefit Year Benefit Formula and Employment Program (typically a 12-month period)a Maximum Weekly Benefitb Requirementsc Financing New Yorkr~~,000 in earnings~~
~~during the base period.e~~
~~New Yor~~kq
26 weeks total, of which up to 12 weeks of FLI benefits may be 26 weeks total, of which up to 12 weeks of FLI benefits may be
For FLI benefits, 67% of the For FLI benefits, 67% of the
For FLI benefits, For FLI benefits,
FLI is financed through FLI is financed through

claimed for claimed for
employee’s AWW, up to a employee’s AWW, up to a
workers must have ful - workers must have ful -
a payrol tax on a payrol tax on
 
maximum amount ($1, maximum amount ($1,~~068.36~~131.08
time employment (20 time employment (20
employees. employees.

the care of a new child by birth, adoption, or foster care, the care of a new child by birth, adoption, or foster care,
per week in per week in ~~2022~~2023). ).
or more hours per or more hours per
 
TDI is financed through TDI is financed through

a serious health condition of a qualified family member, and a serious health condition of a qualified family member, and
For TDI benefits, 50% of the For TDI benefits, 50% of the
week) for 26 week) for 26
a payrol tax on a payrol tax on
 
certain needs related to the military deployment of a certain needs related to the military deployment of a
employee’s AWW, up to a employee’s AWW, up to a
consecutive weeks or consecutive weeks or
employees and employees and
qualified family member, qualified family member,
maximum amount ($170 per maximum amount ($170 per
175 days (which need 175 days (which need
contributions by contributions by
and up to 26 weeks of TDI benefits may be claimed for an and up to 26 weeks of TDI benefits may be claimed for an
week in week in ~~2022~~2023). ).
not be consecutive) of not be consecutive) of
employers. Employers employers. Employers
employee’s own temporary disability. employee’s own temporary disability.
part-time employment. part-time employment.
A separate formula is used to A separate formula is used to
finance all insurance finance all insurance
In some cases, TDI or FLI benefits may be claimed for the In some cases, TDI or FLI benefits may be claimed for the
calculate COVID-19-related FLI calculate COVID-19-related FLI
For TDI benefits, For TDI benefits,
policy costs beyond policy costs beyond
employee’s or the employee’s child’s mandatory or precautionary and TDI benefi employee’s or the employee’s child’s mandatory or precautionary and TDI benefits.st
workers must have workers must have
what they are what they are
order of quarantine or isolation due to COVID- order of quarantine or isolation due to COVID-19.rs
worked for a covered worked for a covered
permitted by law to permitted by law to
employer for at least 4 employer for at least 4
col ect from col ect from
consecutive weeks. consecutive weeks.
employees. employees.
~~CRS-24~~

~~link to page 30 link to page 30 link to page 31 link to page 31 link to page 31~~
~~Earnings and~~
~~State~~
~~Weeks of Insurance Benefits Available in a Benefit Year~~
~~Benefit Formula and~~
~~Employment~~
~~Program~~
~~(typically a 12-month period)a~~
~~Maximum Weekly Benefitb~~
~~Requirementsc~~
~~Financing~~
Oregon Oregon
12 weeks total, which may be claimed for the fol owing family and Starting in September 2023, 12 weeks total, which may be claimed for the fol owing family and Starting in September 2023,
$1,000 in earnings $1,000 in earnings
Payrol tax on Payrol tax on
( (~~Benefits~~benefits
medical leave events: medical leave events:
workers receive 100% of the workers receive 100% of the
during the base perio during the base period.e employers and employers and
payable in payable in
 
portion of their AWW that is portion of their AWW that is
employees. employees.

the care of a new child by birth, adoption, or foster care, the care of a new child by birth, adoption, or foster care,
September September
65% or less of the state AWW; 65% or less of the state AWW;
 
Employers with fewer Employers with fewer
2023) 2023)

a serious health condition of a qualified family member, a serious health condition of a qualified family member,
they receive 50% of the portion they receive 50% of the portion
than 25 employees are than 25 employees are
 
needs related to domestic or sex violence to the employee needs related to domestic or sex violence to the employee
of their AWW that is above of their AWW that is above
not required to not required to
or a qualified family member, and or a qualified family member, and
65% of the state AWW, up to a 65% of the state AWW, up to a
contribute, but may do contribute, but may do
 
maximum maximum ~~amount. The~~weekly amount

the employee’s own serious health condition. the employee’s own serious health condition.
so voluntarily and by so voluntarily and by
~~maximum benefit formula is~~($1,469.78 in 2023).
2 additional weeks of benefits may be claimed for certain medical 2 additional weeks of benefits may be claimed for certain medical
doing so may qualify for doing so may qualify for
~~120% of the state AWW.~~
conditions related to pregnancy, childbirth, and recovery conditions related to pregnancy, childbirth, and recovery
state assistance. state assistance.
(including lactation), bringing total benefits to 14 weeks in such (including lactation), bringing total benefits to 14 weeks in such
cases. cases.
CRS-25 link to page 31 link to page 31 link to page 31 link to page 31 link to page 32 link to page 31 Earnings and State Weeks of Insurance Benefits Available in a Benefit Year Benefit Formula and Employment Program (typically a 12-month period)a Maximum Weekly Benefitb Requirementsc Financing Rhode Island 30 weeks total, of which up to 6~~Rhode Island~~
~~30 weeks total, of which up to 5~~ weeks may be claimed for the weeks may be claimed for the
4.62% of wages received in the 4.62% of wages received in the
The worker must have The worker must have
Payrol tax on Payrol tax on
FLI events: FLI events:
highest quarter of the worker’s highest quarter of the worker’s
earned wages in Rhode earned wages in Rhode
employees. employees.
 
base period (i.e., approximately base period (i.e., approximately
Island, paid into the Island, paid into the

the care of a new child by birth, adoption, or foster care, the care of a new child by birth, adoption, or foster care,
and and
60% of weekly earnings), up to a insurance fund, and for 60% of weekly earnings), up to a insurance fund, and for
maximum weekly amount maximum weekly amount ~~($978~~
claims filed in claims filed in ~~2022~~2023, ,
 
a serious health condition of a qualified family member, a serious health condition of a qualified family member,
($1,007 per week in per week in ~~2022~~2023). ).
received at least received at least
and up to 30 weeks of TDI benefits may be claimed for the and up to 30 weeks of TDI benefits may be claimed for the
$ $~~14,700~~15,600 in the base in the base
employee’s own temporary disability. employee’s own temporary disability.
perio period;e a separate set a separate set
~~Starting January 1, 2023, workers may claim up to 6 weeks (of~~
~~of criteria may be~~
~~the total 30 weeks) of benefits for FLI events.~~
of criteria may be applied to persons applied to persons
earning less than earning less than
$$~~14,700.~~
~~CRS-25~~

~~link to page 30 link to page 30 link to page 31 link to page 31~~
~~Earnings and~~
~~State~~
~~Weeks of Insurance Benefits Available in a Benefit Year~~
~~Benefit Formula and~~
~~Employment~~
~~Program~~
~~(typically a 12-month period)a~~
~~Maximum Weekly Benefitb~~
~~Requirementsc~~
~~Financing~~
15,600. Washington Washington
16 weeks total, of which up to 12 weeks of FLI benefits may be 16 weeks total, of which up to 12 weeks of FLI benefits may be
Workers whose AWW is 50% Workers whose AWW is 50%
The worker must have The worker must have
FLI is financed through FLI is financed through

claimed for claimed for
or less than the state AWW or less than the state AWW
worked 820 hours or worked 820 hours or
a payrol tax on a payrol tax on
 
receive 90% of their AWW. receive 90% of their AWW.
more in the qualifying more in the qualifying
employees. employees.

the care of a new child by birth, adoption, or foster care, the care of a new child by birth, adoption, or foster care,
Otherwise, workers receive Otherwise, workers receive
perio period.e
 
MLI is financed through MLI is financed through

a serious health condition of a qualified family member, and a serious health condition of a qualified family member, and
approximately 20% of the state approximately 20% of the state

a payrol tax on a payrol tax on
 
certain needs related to the military deployment of a certain needs related to the military deployment of a
average weekly rate plus 50% of average weekly rate plus 50% of
employers and employers and
qualified family member; and qualified family member; and
their AWW, up to a maximum their AWW, up to a maximum

employees. Employers employees. Employers
 
amount ($1, amount ($1,~~327~~427 per week in per week in

the death of a qualified family member ( the death of a qualified family member (~~effective June 9,~~child)u (benefits
with fewer than 50 with fewer than 50
~~2022, benefits~~ limited to 7 days). limited to 7 days).
~~2022~~2023). ).
employees are not employees are not
and up to 12 weeks of MLI benefits for an employee’s own and up to 12 weeks of MLI benefits for an employee’s own

required to contribute, required to contribute,
serious health condition. serious health condition.
but may do so but may do so
voluntarily and by doing voluntarily and by doing
2 additional weeks of MLI benefits may be claimed if an 2 additional weeks of MLI benefits may be claimed if an
so may qualify for state so may qualify for state
employee’s pregnancy results in incapacitation, bringing total employee’s pregnancy results in incapacitation, bringing total
assistance. assistance.
benefits to 18 weeks in such cases. benefits to 18 weeks in such cases.
Source: CRS based on the fol owing sources: CRS based on the fol owing sources: California: California Unemployment Insurance Code §§2601-3307 and program information from http://www.edd.ca.gov/ California Unemployment Insurance Code §§2601-3307 and program information from http://www.edd.ca.gov/
Disability/. Disability/. Colorado: Colo. Rev. Stat. §8-13.3-501-524 and program information from https://famli.colorado.gov/. Colo. Rev. Stat. §8-13.3-501-524 and program information from https://famli.colorado.gov/. Connecticut: General Statutes of Connecticut sections 31- General Statutes of Connecticut sections 31-
49e to 31-49t, and 31-51ss, and program information from https://ctpaidleave.org/. 49e to 31-49t, and 31-51ss, and program information from https://ctpaidleave.org/. Delaware: : ~~Laws of Delaware, Volume 83, Chapter 301 (151st General Assembly),~~
~~available from https://legis.delaware.gov/SessionLaws/Chapter?id=41361~~Delaware Code, Title 19, Chapter 37, Family and Medical Leave Insurance Program, https://delcode.delaware.gov/title19/c037/index.html. . District of Columbia: D.C. Official Code §§32-541.01 et seq. and program information from D.C. Official Code §§32-541.01 et seq. and program information from
https://dcpaidfamilyleave.dc.gov/. https://dcpaidfamilyleave.dc.gov/. Maryland: : ~~Enrol ed Senate Bil 0275, Maryland General Assembly, 2021 Regular Session, available from https://mgaleg.maryland.gov/~~
~~mgawebsite/Legislation/Details/SB0275?ys=2022RS (Md. Code Ann. §§8.3-101 to 8.3-1001; effective June 1, 2022 and January 1, 2023); Md. Code Ann. §§3-1201 to 3-~~
~~1211~~Md. Code Ann. §§8.3-101 to 8.3-1001.. Massachusetts: MGL c. 175M and program information from https://www.mass.gov/orgs/ MGL c. 175M and program information from https://www.mass.gov/orgs/ department-of-family-and-medical-leave. department-of-family-and-medical-leave. New Jersey: N.J. Stat. Ann. §43:21- N.J. Stat. Ann. §43:21-
25 and program information from https://myleavebenefits.nj.gov/. 25 and program information from https://myleavebenefits.nj.gov/. New York: New York Workers’ Compensation Law §§200-242 and program information from New York Workers’ Compensation Law §§200-242 and program information from
http://www.wcb.ny.gov/content/main/DisabilityBenefits/employer-disability-benefits.jsp and https://paidfamilyleave.ny.gov/. http://www.wcb.ny.gov/content/main/DisabilityBenefits/employer-disability-benefits.jsp and https://paidfamilyleave.ny.gov/. Oregon: Oregon Rev. Stat. 657B Oregon Rev. Stat. 657B and program and program
information from https://www.oregon.gov/employ/PFMLI/Pages/default.aspx. information from https://www.oregon.gov/employ/PFMLI/Pages/default.aspx. Rhode Island: CRS-26 Rhode Island General Laws §§28-39-1 to 28-41-42 and program information Rhode Island General Laws §§28-39-1 to 28-41-42 and program information
from https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance. from https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance. Washington: Rev. Code Washington, Chapter 50A.05 and program information from Rev. Code Washington, Chapter 50A.05 and program information from
https://paidleave.wa.gov/. https://paidleave.wa.gov/.
Notes: This table provides information on state programs that provide for family leave insurance in addition to medical leave insurance or temporary disability insurance. This table provides information on state programs that provide for family leave insurance in addition to medical leave insurance or temporary disability insurance.
Hawaii and Puerto Rico require employers to provide temporary disability insurance but not family leave insurance to their employees, and as such are not included. Hawaii and Puerto Rico require employers to provide temporary disability insurance but not family leave insurance to their employees, and as such are not included.
New Hampshire allows private sector employers to opt in to its leave insurance program for state employees; because participation is voluntary for all private sector New Hampshire allows private sector employers to opt in to its leave insurance program for state employees; because participation is voluntary for all private sector
employers, the program is not included in the table. employers, the program is not included in the table.
a. All states included in this table provide FLI benefits to eligible workers who provide care to a family member with a serious health condition. The set of family a. All states included in this table provide FLI benefits to eligible workers who provide care to a family member with a serious health condition. The set of family
members generally includes a child, parent, spouse or domestic partner, and grandparent; some states provide benefits for the care of other relatives such as members generally includes a child, parent, spouse or domestic partner, and grandparent; some states provide benefits for the care of other relatives such as
grandchildren and siblings. grandchildren and siblings.
b. In general, individuals cannot claim TDI or medical leave insurance benefits and family leave insurance benefits for the same week. b. In general, individuals cannot claim TDI or medical leave insurance benefits and family leave insurance benefits for the same week.
~~CRS-26~~

c. In general, workers must meet earnings and employment requirements while employed by a “covered employer” or while in “covered employment.” Rules vary c. In general, workers must meet earnings and employment requirements while employed by a “covered employer” or while in “covered employment.” Rules vary
from state to state, but these terms generally capture employment and earnings for which state TDI/FMLI program contributions were col ected. from state to state, but these terms generally capture employment and earnings for which state TDI/FMLI program contributions were col ected.
d. Starting January 1, d. Starting January 1, ~~2023, the California program wil provide up to 55% of an employee’s AWW up to a statutory maximum.~~
2025, a worker whose AWW is less than or equal to 70% of the state AWW wil receive a weekly benefit equal to 90% of the worker’s AWW. A worker whose AWW is greater than 70% of the state AWW wil receive a weekly benefit equal to the greater of (1) 70% of the worker’s AWW or (2) 63% of the state AWW. In all cases, benefits are subject to a maximum weekly benefit amount. California Legislature, Senate Bil No. 951, as chaptered by California Secretary of State, Chapter 878, Statutes of 2022. e. For California, Colorado, Connecticut, New Jersey, Oregon, and Rhode Island the “base period” or “qualifying period” is typically the first four of the last five e. For California, Colorado, Connecticut, New Jersey, Oregon, and Rhode Island the “base period” or “qualifying period” is typically the first four of the last five
completed quarters that precede the insurance claim. For example, a claim filed on February 6, 2017, is within the calendar quarter that begins on January 1, 2017 completed quarters that precede the insurance claim. For example, a claim filed on February 6, 2017, is within the calendar quarter that begins on January 1, 2017
(i.e., the first calendar quarter). The base period for that claim is the four-quarter period (i.e., 12-month period) that starts on October 1, 2015. In Massachusetts, (i.e., the first calendar quarter). The base period for that claim is the four-quarter period (i.e., 12-month period) that starts on October 1, 2015. In Massachusetts,
the base period is the last four completed quarters preceding the benefit claim. In Washington, the base period is either the first four of the last five completed the base period is the last four completed quarters preceding the benefit claim. In Washington, the base period is either the first four of the last five completed
quarters or the last four completed quarters that precede the insurance claim. quarters or the last four completed quarters that precede the insurance claim.
f. f.
~~As of January 2022, 40 times the CT minimum wage is $520. The product increases to $560 on July 1, 2022, and $600 on June 1, 2023~~
~~g. Delaware law provides that a covered worker is eligible for family and medical leave benefits “not more than once in a 24-month period.” However, if certain~~
~~conditions are met, a worker may use benefits intermittently. Further clarification on use of benefits is expected to be included in regulations governing the~~
~~Delaware leave insurance program~~The Connecticut program is overseen by the CT Paid Leave Authority, a quasi-governmental organization. In lieu of establishing an internal team, the CT Paid Leave Authority Board decided to partner with a third-party to manage the claims process, and subsequently voted to authorize program staff to negotiate and enter into a claims administration contract with American Family Life Assurance Company of Columbus (Aflac). g. As of July 1, 2022, 40 times the CT minimum wage ($14 per hour) is $560. The product increases to $600 on June 1, 2023, when the CT minimum wage wil increase to $15 per hour. .
h. In each year after 2027, the maximum weekly benefit is increased in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban h. In each year after 2027, the maximum weekly benefit is increased in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban
Consumers, for the Philadelphia-Camden-Wilmington Metropolitan area (as published by the Bureau of Labor Statistics [BLS]). Consumers, for the Philadelphia-Camden-Wilmington Metropolitan area (as published by the Bureau of Labor Statistics [BLS]).
i. i.
Delaware employers with 10-24 employees are only covered by the parental leave provisions, but may opt-in to the medical leave benefit provisions or other family Delaware employers with 10-24 employees are only covered by the parental leave provisions, but may opt-in to the medical leave benefit provisions or other family
leave benefit provisions. Employers with fewer than 10 employees are not covered by any leave benefit provisions, but may opt-in to the program. leave benefit provisions. Employers with fewer than 10 employees are not covered by any leave benefit provisions, but may opt-in to the program.
j. j.
Delaware law provides that a covered worker is eligible for family and medical leave benefits “not more than once in a 24-month period.” However, if certain conditions are met, a worker may use benefits intermittently. Further clarification on use of benefits is expected to be included in regulations governing the Delaware leave insurance program. k. DC law provides that projected program costs and revenues are to be evaluated each year and, if sufficient funds are available, the leave entitlement is to be DC law provides that projected program costs and revenues are to be evaluated each year and, if sufficient funds are available, the leave entitlement is to be
expanded according to a schedule provided at D.C. Official Code §32-541.01.04a. Expansions are to take effect at the start of the next fiscal year. If projected funds expanded according to a schedule provided at D.C. Official Code §32-541.01.04a. Expansions are to take effect at the start of the next fiscal year. If projected funds
do not support an expansion, benefits would be reduced to a minimum of 8 weeks, of which 8 weeks of benefits may be claimed for the arrival of a new child by do not support an expansion, benefits would be reduced to a minimum of 8 weeks, of which 8 weeks of benefits may be claimed for the arrival of a new child by
birth, adoption, or foster care, 6 weeks for a serious health condition of a qualified family member, and 2 weeks for the employee’s own serious health condition. birth, adoption, or foster care, 6 weeks for a serious health condition of a qualified family member, and 2 weeks for the employee’s own serious health condition.
k. CRS-27 l. The DC Acting Chief Financial Officer certified on March 1, 2022 that sufficient funds The DC Acting Chief Financial Officer certified on March 1, 2022 that sufficient funds ~~are~~were available for the increase in paid leave benefits to take effect on July 1, available for the increase in paid leave benefits to take effect on July 1,
~~2022. Mayor Muriel Bowser’s 2023 budget proposal (published March 16, 2022) would delay implementation of the expansion of paid leave benefits until October 1,~~
~~2022. As of May 24, 2022, the DC Council has not voted on the mayor’s 2023 budget proposal.~~
l.
2022. m. In each year after 2025, the maximum weekly benefit is increased in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban In each year after 2025, the maximum weekly benefit is increased in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban
Consumers, for the Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan area (as published by BLS). Consumers, for the Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan area (as published by BLS).
mn. In addition, a claimant must exhaust all employer-provided leave that is not required by law before claiming the leave insurance benefit. . In addition, a claimant must exhaust all employer-provided leave that is not required by law before claiming the leave insurance benefit.
no. Massachusetts law provides for up to 20 weeks of medical leave in a benefit year and 12 weeks of family leave in a benefit year, except that a covered individual . Massachusetts law provides for up to 20 weeks of medical leave in a benefit year and 12 weeks of family leave in a benefit year, except that a covered individual
taking family leave in order to provide care for a covered military family member with a serious il ness or injury may use up to 26 weeks of family leave (MGL c. taking family leave in order to provide care for a covered military family member with a serious il ness or injury may use up to 26 weeks of family leave (MGL c.
175M as added by St. 2018, c. 121., Section 2(c)(1)). It provides family and medical leave benefits for those periods of leave, with the exception of the first 7 calendar 175M as added by St. 2018, c. 121., Section 2(c)(1)). It provides family and medical leave benefits for those periods of leave, with the exception of the first 7 calendar
days of such leave; consequently, while up to 26 weeks of leave are provided, workers may receive only 25 weeks of benefits. This interpretation is supported by days of such leave; consequently, while up to 26 weeks of leave are provided, workers may receive only 25 weeks of benefits. This interpretation is supported by
regulations for the Massachusetts program at 458 CMR 2.12 Weekly Benefit Amount (7) which notes “[n]o family or medical leave benefits are payable during the regulations for the Massachusetts program at 458 CMR 2.12 Weekly Benefit Amount (7) which notes “[n]o family or medical leave benefits are payable during the
first seven calendar days of an approved initial claim for benefits. The initial seven day waiting period for paid leave benefits wil count against the total available first seven calendar days of an approved initial claim for benefits. The initial seven day waiting period for paid leave benefits wil count against the total available
period of leave in a benefit year.” period of leave in a benefit year.”
op. Assuming eligibility conditions are met, 52 weeks of TDI benefits may be used for two separate but consecutive periods of disability. . Assuming eligibility conditions are met, 52 weeks of TDI benefits may be used for two separate but consecutive periods of disability.
pq. On March 25, 2020, NJ expanded the definitions of a serious health condition and compensable disability as applied to the NJ state leave insurance program to . On March 25, 2020, NJ expanded the definitions of a serious health condition and compensable disability as applied to the NJ state leave insurance program to
include, during a state of emergency, “an il ness caused by an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or include, during a state of emergency, “an il ness caused by an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or
efforts to prevent spread of a communicable disease, which requires in-home care or treatment” of the employee or family member of the employee. The same law efforts to prevent spread of a communicable disease, which requires in-home care or treatment” of the employee or family member of the employee. The same law
~~CRS-27~~

modified the NJ leave insurance program to waive the waiting period for benefits if, during a state of emergency, the employee’s disability results from an “il ness modified the NJ leave insurance program to waive the waiting period for benefits if, during a state of emergency, the employee’s disability results from an “il ness
caused by an epidemic of a communicable disease, a known or suspected exposure to the disease, or efforts to prevent the spread of the disease requiring in-home caused by an epidemic of a communicable disease, a known or suspected exposure to the disease, or efforts to prevent the spread of the disease requiring in-home
care or treatment.” See NJ P.L. 2020, Ch. 17. care or treatment.” See NJ P.L. 2020, Ch. 17.
qr. New York differs from other states with leave insurance programs in that it provides temporary disability and family leave insurance to employees largely through a . New York differs from other states with leave insurance programs in that it provides temporary disability and family leave insurance to employees largely through a
col ection of private plans purchased by employers, rather than a centralized state plan. Employers also have the option of obtaining insurance through the NY State col ection of private plans purchased by employers, rather than a centralized state plan. Employers also have the option of obtaining insurance through the NY State
Insurance Fund, which was created by Article 6 of New York’s Workers’ Compensation Law, and serves to “to compete with other carriers to ensure a fair market Insurance Fund, which was created by Article 6 of New York’s Workers’ Compensation Law, and serves to “to compete with other carriers to ensure a fair market
place and to be a guaranteed source of coverage for employers who cannot secure coverage elsewhere.” Additional information is at https://ww3.nysif.com/. place and to be a guaranteed source of coverage for employers who cannot secure coverage elsewhere.” Additional information is at https://ww3.nysif.com/.
~~r. NY Governor Cuomo signed NY state bil S. 8091 into law on March 18, 2020. In addition to creating an entitlement to paid sick leave in some instances, the new~~
~~law provides~~s. A NY state law enacted in March 2020 provided that workers employed by certain small businesses who are subject to a mandatory or precautionary order of that workers employed by certain small businesses who are subject to a mandatory or precautionary order of quarantine or isolation due to COVID-quarantine or isolation due to COVID-
19 may qualify for NY state paid family leave benefits and enhanced temporary disability benefits, and claim these benefits concurrently. Additional information is at 19 may qualify for NY state paid family leave benefits and enhanced temporary disability benefits, and claim these benefits concurrently. Additional information is at
~~https://www.nysenate.gov/legislation/bil s/2019/s8091 and~~ https://paidfamilyleave.ny.gov/COVID19. https://paidfamilyleave.ny.gov/COVID19.
s. t. An enhanced TDI benefit is available to certain employees who are subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19, and An enhanced TDI benefit is available to certain employees who are subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19, and
this benefit is claimed concurrently with FLI benefits. The enhanced TDI benefit is calculated as the difference between the employee’s AWW and amount of the FLI this benefit is claimed concurrently with FLI benefits. The enhanced TDI benefit is calculated as the difference between the employee’s AWW and amount of the FLI
benefit, up to a maximum weekly TDI benefit of $2,043.92. The FLI benefit is capped at $840.70 per week for claims related to a quarantine or isolation order. benefit, up to a maximum weekly TDI benefit of $2,043.92. The FLI benefit is capped at $840.70 per week for claims related to a quarantine or isolation order.
u. The Washington program permits seven (calendar) days of FLI benefits fol owing the death of a qualified family member, which describes a child for whom the employee would have qualified for (1) prenatal or postnatal MLI benefits or (2) FLI benefits for bonding purposes (due to the birth or placement of a child).

CRS-28 CRS-28

link to page 35 link to page 35 link to page 35 link to page 35
Table A-2. Job Protection for State Leave Insurance Program Beneficiaries
Is Job Protection Provided for In
Acts Authorizing State Leave
State
Insurance Benefits?a
Job Protection Provided by Other State Leave Laws
California California
No No
California Family Rights Act: Provides an eligible employee up to 12 workweeks of unpaid job-protected Provides an eligible employee up to 12 workweeks of unpaid job-protected
leave during any 12-month period to care for and bond with a newly-arrived child, care for a family member leave during any 12-month period to care for and bond with a newly-arrived child, care for a family member
who has a serious health condition or for needs related to the employee’s own serious health condition who has a serious health condition or for needs related to the employee’s own serious health condition
(except for conditions covered by the California Fair Employment and Housing Act), and for certain military (except for conditions covered by the California Fair Employment and Housing Act), and for certain military
family needs. Eligibility conditions are similar to the federal FMLA. The California Family Rights Act applies to family needs. Eligibility conditions are similar to the federal FMLA. The California Family Rights Act applies to
employers with 5 or more employees (a lower threshold than the federal FMLA). employers with 5 or more employees (a lower threshold than the federal FMLA).
California Fair Employment and Housing Act: Allows an employee incapacitated by pregnancy, Allows an employee incapacitated by pregnancy,
childbirth, or a related medical condition to take up to 4 months of unpaid job-protected leave. childbirth, or a related medical condition to take up to 4 months of unpaid job-protected leave.
Colorado Colorado
Yes, covered employees that have Yes, covered employees that have
N/A N/A
been employed with their current been employed with their current
employer for at least 180 days before employer for at least 180 days before
the start of leave are entitled to job the start of leave are entitled to job
protection. protection.
Connecticut Connecticut
No No
Connecticut Family and Medical Leave Act: Provides up to 12 workweeks of unpaid job-protected leave Provides up to 12 workweeks of unpaid job-protected leave
during any 12-month period for the care of newly-arrived child, care of a family member with a serious health during any 12-month period for the care of newly-arrived child, care of a family member with a serious health
condition, needs related to the employee’s own serious health condition, certain military family needs, and to condition, needs related to the employee’s own serious health condition, certain military family needs, and to
serve as an organ or bone marrow donor. Provides up to 2 additional workweeks of job-protected leave serve as an organ or bone marrow donor. Provides up to 2 additional workweeks of job-protected leave
during the 12-month period for a serious health condition that occurs during pregnancy and results in during the 12-month period for a serious health condition that occurs during pregnancy and results in
incapacitation. Workers may also use 26 additional workweeks of job-protected leave in a single 12-month incapacitation. Workers may also use 26 additional workweeks of job-protected leave in a single 12-month
period to care for a family member who is a member of the U.S. armed forces, if the member incurred a period to care for a family member who is a member of the U.S. armed forces, if the member incurred a
serious injury or il ness in the line of duty. An employee is eligible for such leave after completing 90 days of serious injury or il ness in the line of duty. An employee is eligible for such leave after completing 90 days of
employment with the current employer. employment with the current employer.
Connecticut Pregnancy Disability Leave: RequiresRequires that employers (and their agents) with 3 or more that employers (and their agents) with 3 or more
employees, employment agencies, and labor organizations provide a “reasonable amount” of unpaid job-employees, employment agencies, and labor organizations provide a “reasonable amount” of unpaid job-
protected leave for pregnancy-related disabilities. protected leave for pregnancy-related disabilities.
Delaware Delaware
Y Yesb
N/A
CRS-29 CRS-29

link to page 35 link to page 35 link to page 36
Is Job Protection Provided for In
Acts Authorizing State Leave
State
Insurance Benefits?a
Job Protection Provided by Other State Leave Laws
District of District of
No No
District of Columbia Family and Medical Leave Act: Provides up to 16 weeks of unpaid job-protected Provides up to 16 weeks of unpaid job-protected
Columbia Columbia
leave during any 24-month period for the care of newly-arrived child, or the care of a family member with a leave during any 24-month period for the care of newly-arrived child, or the care of a family member with a
serious health condition, and 16 weeks in any 24-month period for needs related to the employee’s own serious health condition, and 16 weeks in any 24-month period for needs related to the employee’s own
serious health condition. To be eligible, an employee must have been employed by the same employer for 1 serious health condition. To be eligible, an employee must have been employed by the same employer for 1
year without a break in service and have worked at least 1,000 hours during the 12-month period preceding year without a break in service and have worked at least 1,000 hours during the 12-month period preceding
the leave request. the leave request.
District of Columbia Pregnancy Disability Leave: Employers must make “reasonable accommodations” Employers must make “reasonable accommodations”
for pregnant employees with pre-birth complications or employees recovering from childbirth. Such for pregnant employees with pre-birth complications or employees recovering from childbirth. Such
accommodations can include unpaid job-protected leave.accommodations can include unpaid job-protected leave.
Maryland Maryland
NoYes, with some exceptions.c
Maryland Parental Leave Act: Provides 6 weeks of unpaid job-protected leave for the care of a newly- Provides 6 weeks of unpaid job-protected leave for the care of a newly-
arrived child. To be eligible, an employee must have worked for the employer for 12 months and for 1,250 arrived child. To be eligible, an employee must have worked for the employer for 12 months and for 1,250
hours in the 12-months that precede leave, and be employed at a worksite for which the employer employs at hours in the 12-months that precede leave, and be employed at a worksite for which the employer employs at
least 15 workers within 75 miles of the site. The law applies to employers with 15-49 employees. least 15 workers within 75 miles of the site. The law applies to employers with 15-49 employees.
Massachusetts Massachusetts
Yes Yes
Massachusetts Parental Leave Act: Provides 8 weeks of unpaid job-protected leave for the care of a Provides 8 weeks of unpaid job-protected leave for the care of a
newly-arrived child. To be eligible, an employee must have completed his or her probationary period (as set by newly-arrived child. To be eligible, an employee must have completed his or her probationary period (as set by
the employer), which cannot exceed 3 months. The law applies to employers with a least 6 employees. the employer), which cannot exceed 3 months. The law applies to employers with a least 6 employees.
New Jersey New Jersey
No No
New Jersey Family Leave Act: Provides eligible employees unpaid job-protected leave (12 weeks in a 24- Provides eligible employees unpaid job-protected leave (12 weeks in a 24-

month period) to care for a newly-arrived child, or to care for a family member with a serious health month period) to care for a newly-arrived child, or to care for a family member with a serious health
condition. The law applies to all New Jersey employers with 30 or more employees (worldwide). To be condition. The law applies to all New Jersey employers with 30 or more employees (worldwide). To be
eligible, an employee must have been employed for at least 12 months by the employer, and must have worked eligible, an employee must have been employed for at least 12 months by the employer, and must have worked
at least 1,000 hours in the 12 months preceding leave. at least 1,000 hours in the 12 months preceding leave.
New Jersey Security and Financial Empowerment Act: Provides up to 20 days of unpaid job-protected Provides up to 20 days of unpaid job-protected
leave in a 12-month periods for certain needs, if the employee or the employee’s family member has been the leave in a 12-month periods for certain needs, if the employee or the employee’s family member has been the
victim of a domestic or sexual violence offence. The law applies to all employers with 25 or more employees. victim of a domestic or sexual violence offence. The law applies to all employers with 25 or more employees.
To be eligible, an employee must have been employed for at least 12 months for the employer, and must have To be eligible, an employee must have been employed for at least 12 months for the employer, and must have
worked at least 1,000 hours in the 12 months preceding leave. worked at least 1,000 hours in the 12 months preceding leave.
New York New York
Yes, for family leave insurance Yes, for family leave insurance
N/A N/A
recipients. recipients.
No, for disability insurance recipients. No, for disability insurance recipients.
CRS-30 CRS-30

link to page 35 link to page 36 link to page 36 link to page 36 link to page 35 link to page 36 link to page 36 link to page 36
Is Job Protection Provided for In
Acts Authorizing State Leave
State
Insurance Benefits?a
Job Protection Provided by Other State Leave Laws
Oregon Oregon
Yes, if employed by the current Yes, if employed by the current
Oregon Family Leave Act: Provides 12 weeks of unpaid job-protected leave within any 12-month period Provides 12 weeks of unpaid job-protected leave within any 12-month period
employer for at least 90 days before employer for at least 90 days before
for specific family caregiving needs, including bereavement (additional leave may be available if certain for specific family caregiving needs, including bereavement (additional leave may be available if certain
taking leave. taking leave.
conditions are me conditions are met)~~c. Leave~~.d Leave for bereavement is limited to 2 weeks (of the 12 week total) per death of a family for bereavement is limited to 2 weeks (of the 12 week total) per death of a family
member. The law applies to employers with at least 25 employees. To be eligible, an employee must have been member. The law applies to employers with at least 25 employees. To be eligible, an employee must have been
employed by the current employer for at least 180 days prior to leave; with the exception of leave to care for employed by the current employer for at least 180 days prior to leave; with the exception of leave to care for
a new child, the employee must have worked at least 25 hours per week during the 180-day period. a new child, the employee must have worked at least 25 hours per week during the 180-day period.
Oregon Military Family Leave Act: Provides 14 days of unpaid job-protected leave per deployment to an Provides 14 days of unpaid job-protected leave per deployment to an
employee whose spouse is a military member called to active duty during a period of military conflict. The law employee whose spouse is a military member called to active duty during a period of military conflict. The law
applies to employers with at least 25 employees. To be eligible, an employee must work at least 20 hours per applies to employers with at least 25 employees. To be eligible, an employee must work at least 20 hours per
week for the employer, on average. week for the employer, on average.
Rhode Island Rhode Island
Yes, for family leave insurance Yes, for family leave insurance
Rhode Island Parental and Family Medical Leave Act: Provides 13 consecutive weeks of unpaid job- Provides 13 consecutive weeks of unpaid job-
recipients. recipients.
protected leave in a 2-year period for the care of a newly-arrived child or a family member with a serious protected leave in a 2-year period for the care of a newly-arrived child or a family member with a serious
No, for disability insurance recipients. No, for disability insurance recipients.
health condition. The act applies to private sector employers with at least 50 employees, state government health condition. The act applies to private sector employers with at least 50 employees, state government
employers, and local government employers with at least 30 employees. Employees must have worked for employers, and local government employers with at least 30 employees. Employees must have worked for
their current employer for 12 consecutive months before using leave. their current employer for 12 consecutive months before using leave.
Washington Washington
Yes, if employed by an employer with Yes, if employed by an employer with
N N/AeAf
50 or more employees, and has 50 or more employees, and has
worked for the employer for at least worked for the employer for at least
12 months and worked at least 1,250 12 months and worked at least 1,250
hours in last 12 monthhours in last 12 months.de
Source: CRS, based on the fol owing sources: CRS, based on the fol owing sources: California: California Unemployment Insurance Code §§2601-3307, California Government Code §12945 and §12945.2. California Unemployment Insurance Code §§2601-3307, California Government Code §12945 and §12945.2.
Colorado: Colo. Rev. Stat. §8-13.3-509. Colo. Rev. Stat. §8-13.3-509. Connecticut: Conn. Gen. Stat. §§31-49e-31-49t, §31-51nn, and §46a-60. Conn. Gen. Stat. §§31-49e-31-49t, §31-51nn, and §46a-60. Delaware: : ~~Laws of Delaware, Volume 83, Chapter 301 (151st~~
~~General Assembly), available from https://legis.delaware.gov/SessionLaws/Chapter?id=41361~~Delaware Code, Title 19, Chapter 37, Family and Medical Leave Insurance Program, https://delcode.delaware.gov/title19/c037/index.html. . District of Columbia: D.C. Official Code §§32-541.01 et seq., §§32-501 et seq., D.C. Official Code §§32-541.01 et seq., §§32-501 et seq.,
§32-1231.01, and §32-1231.03. §32-1231.01, and §32-1231.03. Maryland: : ~~Enrol ed Senate Bil 0275, Maryland General Assembly, 2021 Regular Session, available from https://mgaleg.maryland.gov/~~
~~mgawebsite/Legislation/Details/SB0275?ys=2022RS (~~Md. Code Ann. §§8.3-101 to 8.3-1001; Md. Code Ann. §§8.3-101 to 8.3-1001; ~~effective June 1, 2022 and January 1, 2023);~~ Md. Code Ann. §§3-1201 to 3-Md. Code Ann. §§3-1201 to 3-
1211. 1211. Massachusetts: MGL c. 175M and MGL c. 149, §105D. MGL c. 175M and MGL c. 149, §105D. New Jersey: N.J. Stat. Ann. §§43:21-25 et seq., §34:11B1-16, and §34:11C1-5. N.J. Stat. Ann. §§43:21-25 et seq., §34:11B1-16, and §34:11C1-5. New York: New York Workers’ New York Workers’
Compensation Law §§200-242. Compensation Law §§200-242. Oregon: Oregon Rev. Stat. 657B.060, 659A.171, and 659A.093 Oregon Rev. Stat. 657B.060, 659A.171, and 659A.093. Rhode Island: Rhode Island General Laws §§28-41 et seq. and §§28-48 et Rhode Island General Laws §§28-41 et seq. and §§28-48 et
seq. seq. Washington: Rev. Code Washington §50A.35.010 and §50A.30.010. Rev. Code Washington §50A.35.010 and §50A.30.010.
a. This column indicates whether temporary disability insurance (TDI) or family and medical leave insurance (FMLI) benefit receipt confers job protection to benefit a. This column indicates whether temporary disability insurance (TDI) or family and medical leave insurance (FMLI) benefit receipt confers job protection to benefit
recipients, meaning a recipient must be returned to the job held at the time of benefit application or receipt. This column does not include information on job recipients, meaning a recipient must be returned to the job held at the time of benefit application or receipt. This column does not include information on job
protection provided under the Family and Medical Leave Act (FMLA; P.L. 103-3) for employees who meet FMLA eligibility criteria, or under similar state laws. protection provided under the Family and Medical Leave Act (FMLA; P.L. 103-3) for employees who meet FMLA eligibility criteria, or under similar state laws.
b. Delaware differs from other states in that it conditions eligibility for the benefit on an employee’s tenure with her or his employer. To be eligible for the benefit and b. Delaware differs from other states in that it conditions eligibility for the benefit on an employee’s tenure with her or his employer. To be eligible for the benefit and
job-protected leave, the employee must have worked for at least 12-months with the current employer and worked at least 1,250 hours for the current employer job-protected leave, the employee must have worked for at least 12-months with the current employer and worked at least 1,250 hours for the current employer
in the 12-months that precede leave. in the 12-months that precede leave.
CRS-31 CRS-31

c c. Maryland employers may deny job restoration to an employee who receives benefits or takes leave from work for which benefits may be paid under the program if doing so is “necessary to prevent substantial and grievous economy injury to the operations of the employer” and other conditions are met. d. Female employees are entitled to an additional 12 weeks of job-protected leave (in the same 12-month period) for a pregnancy- or childbirth-related disability that . Female employees are entitled to an additional 12 weeks of job-protected leave (in the same 12-month period) for a pregnancy- or childbirth-related disability that
prevents the employee from performing any available job duties offered by her employer. Employees that take 12 weeks of leave to care for a newly arrived child prevents the employee from performing any available job duties offered by her employer. Employees that take 12 weeks of leave to care for a newly arrived child
may take an additional 12 weeks (in the same 12 months) for the care of a child who does not have a serious health condition but requires home care. may take an additional 12 weeks (in the same 12 months) for the care of a child who does not have a serious health condition but requires home care.
de. Like most states listed in this table, Washington State provides employers the option of providing leave insurance benefits to their employees through a private (or . Like most states listed in this table, Washington State provides employers the option of providing leave insurance benefits to their employees through a private (or
voluntary) plan. In Washington State, employees receiving leave insurance benefits through a private plan receive job protection during periods of family and medical voluntary) plan. In Washington State, employees receiving leave insurance benefits through a private plan receive job protection during periods of family and medical
leave if they have worked for the employer for at least nine months and 965 hours during the 12 months immediately preceding the leave. leave if they have worked for the employer for at least nine months and 965 hours during the 12 months immediately preceding the leave.
e. f. Washington State requires employers with at least 8 employees to provide leave to women with pregnancy-related disabilities. However, CRS could not determine Washington State requires employers with at least 8 employees to provide leave to women with pregnancy-related disabilities. However, CRS could not determine
the extent to which such leave is job-protected. the extent to which such leave is job-protected.

CRS-32 CRS-32

Appendix B. Caregiving Leave and Medical Leave
Benefits in OECD Countries
This appendix provides information on caregiving leave benefits and medical leave benefits This appendix provides information on caregiving leave benefits and medical leave benefits
available in OECD countries. The level of detail provided on such benefit programs is determined available in OECD countries. The level of detail provided on such benefit programs is determined
by the availability of reliable information from public sources located through various searches. by the availability of reliable information from public sources located through various searches.
For this reason, some programs are described in considerably more detail than others. While this For this reason, some programs are described in considerably more detail than others. While this
appendix aims to provide useful descriptions of benefit programs across OECD countries, it appendix aims to provide useful descriptions of benefit programs across OECD countries, it
should not be viewed as an exhaustive compilation of benefit program information. Relatedly, should not be viewed as an exhaustive compilation of benefit program information. Relatedly,
when a particular benefit program feature is not described for a given country, it should not when a particular benefit program feature is not described for a given country, it should not
necessarily be interpreted as evidence that the feature is lacking. necessarily be interpreted as evidence that the feature is lacking.

CRS-33 CRS-33

Table B-1. Paid Family Caregiving Leave Policies in Selected OECD Countries as of January 2020
Country
Paid Caregiving Leave
Australia Australia
Up to 10 days of leave per year to care for a sick family or household member. Up to 10 days of leave per year to care for a sick family or household member.
Austria Austria
Up to 2 weeks of leave per year to care for a child under the age of 12 years; up to 1 week to care for an immediate family or household Up to 2 weeks of leave per year to care for a child under the age of 12 years; up to 1 week to care for an immediate family or household
member. member.
Belgium Belgium
Up to 12 months per episode of il ness to care for a seriously il family member; leave must be taken in blocks of 1 to 3 months. Two months of Up to 12 months per episode of il ness to care for a seriously il family member; leave must be taken in blocks of 1 to 3 months. Two months of
leave per episode to provide palliative care to a terminally il family member; leave must be taken in 1-month blocks. leave per episode to provide palliative care to a terminally il family member; leave must be taken in 1-month blocks.
Canadaa Canadaa
Up to 35 weeks per year to care for a critically il child under the age of 18 years, and up to 15 weeks to care for a critically il adult family Up to 35 weeks per year to care for a critically il child under the age of 18 years, and up to 15 weeks to care for a critically il adult family
member. Up to 26 weeks to care for a person of any age who requires end-of-life care. In all cases, the individual receiving care need not be a member. Up to 26 weeks to care for a person of any age who requires end-of-life care. In all cases, the individual receiving care need not be a
family or household member, but the caregiver must be considered “like family” to the person receiving support. family or household member, but the caregiver must be considered “like family” to the person receiving support.
Chile Chile
Up to 10 days per family, per year to care for a child at serious risk of death. Additional paid leave may be available for a seriously il child under Up to 10 days per family, per year to care for a child at serious risk of death. Additional paid leave may be available for a seriously il child under
one age 1. one age 1.
Czech Republic Czech Republic
In general, up to 9 consecutive days per episode to care for a seriously il household family member, or a sick (need not be seriously il ) child In general, up to 9 consecutive days per episode to care for a seriously il household family member, or a sick (need not be seriously il ) child
under the age of 10 years. under the age of 10 years.
Estonia Estonia
Up to 14 days per family, per episode to care for a child under the age of 12 years. Up to 7 days per episode to care for an adult family Up to 14 days per family, per episode to care for a child under the age of 12 years. Up to 7 days per episode to care for an adult family
member. Up to 5 working days per year to care for a family member with a severe disability. member. Up to 5 working days per year to care for a family member with a severe disability.
Finland Finland
Up to 4 days per episode to care for a child under the age of 10 years; benefit levels are determined by col ective agreement. Up to 4 days per episode to care for a child under the age of 10 years; benefit levels are determined by col ective agreement.
France France
Up to 3 years per episode to care for a child under the age of 20 years with a serious il ness or disability. Up to 3 months of leave (with a Up to 3 years per episode to care for a child under the age of 20 years with a serious il ness or disability. Up to 3 months of leave (with a
possible extension to 6 months) to care for a close family member who is terminally il . possible extension to 6 months) to care for a close family member who is terminally il .
Germany Germany
Up to 10 days per child, per year (maximum of 25 days in a year, per parent) to care for a child under the age of 12 years. Up to 10 days (total Up to 10 days per child, per year (maximum of 25 days in a year, per parent) to care for a child under the age of 12 years. Up to 10 days (total
per dependent family member) to care for a dependent family member with an unexpected il ness. per dependent family member) to care for a dependent family member with an unexpected il ness.
Greece Greece
Up to 22 days per year to care for a child who is under age 18 or a spouse with certain serious il nesses. Up to 4 days (per parent, per year for Up to 22 days per year to care for a child who is under age 18 or a spouse with certain serious il nesses. Up to 4 days (per parent, per year for
each child under age 16) to visit a child’s school. Up to 1 hour per day to care for a child or spouse with a disability. each child under age 16) to visit a child’s school. Up to 1 hour per day to care for a child or spouse with a disability.
CRS-34 CRS-34

Country
Paid Caregiving Leave
Hungary Hungary
Up to 14 days per year, per family to care for a child who is 6-12 years old; up to 42 days per year, per family to care for a child who is age 3-5 Up to 14 days per year, per family to care for a child who is 6-12 years old; up to 42 days per year, per family to care for a child who is age 3-5
years; up to 84 days per year, per family to care for a child who is age 1-2 years; and unlimited days for a child under the age of 1 year. years; up to 84 days per year, per family to care for a child who is age 1-2 years; and unlimited days for a child under the age of 1 year.
Ireland Ireland
Up to 3 days in a 12-month period, with a maximum of 5 days in a 36-month period to care for a close family member. Up to 3 days in a 12-month period, with a maximum of 5 days in a 36-month period to care for a close family member.
Israel Israel
Workers may deduct the fol owing from their own sick leave entitlement: up to 8 days per year to care for a child under the age of 16 years (16 Workers may deduct the fol owing from their own sick leave entitlement: up to 8 days per year to care for a child under the age of 16 years (16
days may be used if the parent is a single parent); 18 days per year (36 for a single parent) to care for a child with special needs; 7 days per days may be used if the parent is a single parent); 18 days per year (36 for a single parent) to care for a child with special needs; 7 days per
episode to attend a spouse’s medical appointments and for treatments related to pregnancy; and 6 days per year to care for a spouse or parent episode to attend a spouse’s medical appointments and for treatments related to pregnancy; and 6 days per year to care for a spouse or parent
over age 65. over age 65.
Italy Italy
Up to 2 years over the course of the employee’s career to care for a seriously il or disabled family member. Family members cannot use such Up to 2 years over the course of the employee’s career to care for a seriously il or disabled family member. Family members cannot use such
caregiving leave concurrently. caregiving leave concurrently.
Japan Japan
Up to 93 days (total per dependent family member) to provide care to a seriously il dependent family member who requires constant care for Up to 93 days (total per dependent family member) to provide care to a seriously il dependent family member who requires constant care for
at least 2 weeks. at least 2 weeks.
Latvia Latvia
Up to 14 days per episode to care for a child under the age of 14 at home. Up to 21 days per episode to care for a child under the age of 14 Up to 14 days per episode to care for a child under the age of 14 at home. Up to 21 days per episode to care for a child under the age of 14
who is hospitalized. who is hospitalized.
Luxembourg Luxembourg
Up to 12 days to care for a child under age 4 and up to 18 days to care for a child ages 4-12 years. Up to 5 days to care for a child ages 13-18 Up to 12 days to care for a child under age 4 and up to 18 days to care for a child ages 4-12 years. Up to 5 days to care for a child ages 13-18
who is hospitalized. Care days are doubled for a disabled child. Up to 52 weeks in a 104-week period to care for a child under the age of 18 who is hospitalized. Care days are doubled for a disabled child. Up to 52 weeks in a 104-week period to care for a child under the age of 18
years who is seriously or terminal y il . years who is seriously or terminal y il .
Netherlands Netherlands
Up to 10 days of leave to care for a sick family (including certain friends) or household member. Up to 10 days of leave to care for a sick family (including certain friends) or household member.
New Zealand New Zealand
Up to 5 days per year may be used from the employee’s sick leave entitlement to care for a partner or dependent family member. Up to 5 days per year may be used from the employee’s sick leave entitlement to care for a partner or dependent family member.
Norway Norway
Up to 10-15 days per year, depending on family composition, (20-30 days for a single parent) to care for a child under the age of 12 years; Up to 10-15 days per year, depending on family composition, (20-30 days for a single parent) to care for a child under the age of 12 years;
additional days may be provided for the care of child with a severe il ness. Up to 5 working years (1300 work days) per episode to care for a additional days may be provided for the care of child with a severe il ness. Up to 5 working years (1300 work days) per episode to care for a
child under age 18 who requires continuous care due to il ness, injury, or disability. Up to 60 days per episode to care for a terminally-il family child under age 18 who requires continuous care due to il ness, injury, or disability. Up to 60 days per episode to care for a terminally-il family
member (including an unrelated person with a family-like relationships). member (including an unrelated person with a family-like relationships).
CRS-35 CRS-35

Country
Paid Caregiving Leave
Poland Poland
Up to 14 days per year to care for a family member. Up to 60 days to care for a child under age 8 (age 14 if the child is disabled or chronically Up to 14 days per year to care for a family member. Up to 60 days to care for a child under age 8 (age 14 if the child is disabled or chronically
il ) in exceptional circumstances (e.g., school closure). il ) in exceptional circumstances (e.g., school closure).
Portugal Portugal
For families with one child, up to 30 days per year (per family) to care for a child under the age of 12 years and up to 15 days to care or a child For families with one child, up to 30 days per year (per family) to care for a child under the age of 12 years and up to 15 days to care or a child
over the age of 12 years. In both cases, families may claim one additional day per year for each additional child in the family. Up to 6 months per over the age of 12 years. In both cases, families may claim one additional day per year for each additional child in the family. Up to 6 months per
episode (per family), with the possibility of an extension, to care for a chronically-il child. episode (per family), with the possibility of an extension, to care for a chronically-il child.
Slovak Republic Slovak Republic
Up to 10 days per year to care for a family member. Up to 10 days per year to care for a family member.
Slovenia Slovenia
Up to 15 days per episode, per family to care for a child under the age of 8 years. Up to 7 days to provide care to a co-resident family member; Up to 15 days per episode, per family to care for a child under the age of 8 years. Up to 7 days to provide care to a co-resident family member;
up to 6 additional months per family may be granted for severe il ness. up to 6 additional months per family may be granted for severe il ness.
Spain Spain
Up to 2 days per episode to provide care to an il family member. Unlimited paid leave is provided to care for a seriously ill child under the age Up to 2 days per episode to provide care to an il family member. Unlimited paid leave is provided to care for a seriously ill child under the age
of 18 years; in such cases, parents may not use leave concurrently. of 18 years; in such cases, parents may not use leave concurrently.
Sweden Sweden
Up to 120 days per child, per year to care for a child under the age of 12 years (15 years in some cases). Up to 100 days per episode to provide Up to 120 days per child, per year to care for a child under the age of 12 years (15 years in some cases). Up to 100 days per episode to provide
care to a seriously il family member (including certain unrelated persons with a family-like relationship). care to a seriously il family member (including certain unrelated persons with a family-like relationship).
Switzerland Switzerland
Up to 3 days per episode, per family to care for a child. At least 3 weeks to care for a seriously-il child for workers in their first year of service; Up to 3 days per episode, per family to care for a child. At least 3 weeks to care for a seriously-il child for workers in their first year of service;
thereafter paid leave is provide in accordance with the customary practice of the canton or col ective agreement. thereafter paid leave is provide in accordance with the customary practice of the canton or col ective agreement.
Source: Organisation for Economic Co-operation and Development (OECD), OECD Family Database, Indicator PF2.3 Additional Leave Entitlements of Working Organisation for Economic Co-operation and Development (OECD), OECD Family Database, Indicator PF2.3 Additional Leave Entitlements of Working
Parents, Table PF2.3.B, updated January 2020; available from http://www.oecd.org/els/soc/PF2_3_Additional_leave_entitlements_of_working_parents.pdf. Parents, Table PF2.3.B, updated January 2020; available from http://www.oecd.org/els/soc/PF2_3_Additional_leave_entitlements_of_working_parents.pdf.
Notes: Leave benefits are subject to country-specific eligibility requirements, which may limit benefits to workers in certain types of employment relationships, who have Leave benefits are subject to country-specific eligibility requirements, which may limit benefits to workers in certain types of employment relationships, who have
been employed for a particular duration, or who have made contributions at a certain level to a social insurance program. been employed for a particular duration, or who have made contributions at a certain level to a social insurance program.
a. Information for Canada is from the official Government of Canada information web page on Employment Insurance Caregiving Benefits at https://www.canada.ca/en/a. Information for Canada is from the official Government of Canada information web page on Employment Insurance Caregiving Benefits at https://www.canada.ca/en/
services/benefits/ei/caregiving.html. services/benefits/ei/caregiving.html.

CRS-36 CRS-36

link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45
Table B-2. Medical Leave Benefits in OECD Member Countries
As of July 2021 (unless otherwise noted) As of July 2021 (unless otherwise noted)
Country
Benefits
Australi Australiaa
Employers provide benefits at ful pay rates for up to 10 days per year (part-time workers’ days are pro-rated). Employers provide benefits at ful pay rates for up to 10 days per year (part-time workers’ days are pro-rated).
In 2020, Australia replaced a set of social insurance benefits, including a sickness allowance for workers’ extended medical needs, with a In 2020, Australia replaced a set of social insurance benefits, including a sickness allowance for workers’ extended medical needs, with a
single benefit called the single benefit called the job seeker payment. Workers who are temporarily unable to work due to health conditions may be eligible for the . Workers who are temporarily unable to work due to health conditions may be eligible for the
job seeker payment, if certain conditions are met. job seeker payment, if certain conditions are met.
Austria Austria
Employers provide benefits at ful pay rates for up to 6 to 12 weeks (depending on employee tenure), after which employers provide up to Employers provide benefits at ful pay rates for up to 6 to 12 weeks (depending on employee tenure), after which employers provide up to
4 weeks of benefits, compensated at 50% of pay. Social insurance benefits are available to employees who do not receive their ful rate of 4 weeks of benefits, compensated at 50% of pay. Social insurance benefits are available to employees who do not receive their ful rate of
pay from an employer after a 3-day waiting period. Recently insured workers may claim up to 26 weeks of benefits. Up to 52 weeks of pay from an employer after a 3-day waiting period. Recently insured workers may claim up to 26 weeks of benefits. Up to 52 weeks of
benefits are available to workers who were insured for at least 6 of the last 12 months. Benefits may be extended in some cases. Social benefits are available to workers who were insured for at least 6 of the last 12 months. Benefits may be extended in some cases. Social
insurance benefits are paid at a rate of 50% of gross wages or salary, up to a maximum amount; the rate rises to 60% from 43rd day of insurance benefits are paid at a rate of 50% of gross wages or salary, up to a maximum amount; the rate rises to 60% from 43rd day of
il ness. il ness.
Belgium Belgium
Belgium provides separate medical leave benefit entitlements to hourly-paid workers and salaried workers. Belgium provides separate medical leave benefit entitlements to hourly-paid workers and salaried workers.
Employers of Employers of hourly-paid workers provide benefits at ful pay rates for the first 7 days of sickness, fol owed by another 7 days, compensated provide benefits at ful pay rates for the first 7 days of sickness, fol owed by another 7 days, compensated
at 85.88% of pay. For the 15th to 30th day of sickness, employers provide 25.88% of the portion of the employee’s regular earnings that are at 85.88% of pay. For the 15th to 30th day of sickness, employers provide 25.88% of the portion of the employee’s regular earnings that are
used to calculate the medical leave benefit. Employers of used to calculate the medical leave benefit. Employers of salaried workers provide benefits at ful pay rates for 1 month. provide benefits at ful pay rates for 1 month.
Social insurance benefits are available after two weeks for hourly-paid workers and one month for salaried workers. Social insurance Social insurance benefits are available after two weeks for hourly-paid workers and one month for salaried workers. Social insurance
benefits are paid at a rate of 60% of lost earnings, up to a maximum amount, and are available for one year. benefits are paid at a rate of 60% of lost earnings, up to a maximum amount, and are available for one year.
Canad Canadab
Employers provide 3 days of benefits at ful p Employers provide 3 days of benefits at ful pay.c Workers in certain provinces may be entitled to additional days of employer-provided Workers in certain provinces may be entitled to additional days of employer-provided
leave. Social insurance provides up to 15 weeks of benefits paid at 55% of average earnings, up to a maximum amount. Additional amounts leave. Social insurance provides up to 15 weeks of benefits paid at 55% of average earnings, up to a maximum amount. Additional amounts
may be available to some workers based on family composition and family income. may be available to some workers based on family composition and family income.
Chil Chileb
Social insurance provide benefits paid at ful -pay (based on recent earnings). A 3-day waiting period applies, but benefits from the first day Social insurance provide benefits paid at ful -pay (based on recent earnings). A 3-day waiting period applies, but benefits from the first day
of incapacity are provided if the sickness period is at least 11 days. of incapacity are provided if the sickness period is at least 11 days.
Colombi Colombiab
Employers provide two days of benefits at ful -pay. Social insurance provides benefits for up to 180 days. Benefits are paid at 66.6% of Employers provide two days of benefits at ful -pay. Social insurance provides benefits for up to 180 days. Benefits are paid at 66.6% of
average earnings after a 2-day waiting period for up to 90 days; the rate is reduced to 50% from the 91st to the 180th day of incapacity. average earnings after a 2-day waiting period for up to 90 days; the rate is reduced to 50% from the 91st to the 180th day of incapacity.
Costa Ri Costa Ricab
Social insurance provide benefits paid at a rate of 60% of average earnings after a 3-day waiting perio Social insurance provide benefits paid at a rate of 60% of average earnings after a 3-day waiting period.d
Czech Republic Czech Republic
Employers provide 14 days of benefits at 60% of an employee’s Employers provide 14 days of benefits at 60% of an employee’s adjusted regular rate (adjusted regular earnings are calculated by applying a (adjusted regular earnings are calculated by applying a
progressive formula to the employee's average hourly earnings) for their usual work hours. Social insurance benefits are available on the progressive formula to the employee's average hourly earnings) for their usual work hours. Social insurance benefits are available on the
15th day of sickness. Benefits are paid at 60% of a daily assessment base (calculated by applying a progressive formula to the worker's 15th day of sickness. Benefits are paid at 60% of a daily assessment base (calculated by applying a progressive formula to the worker's
regular daily earnings, up to a maximum) from the 15th to the 30th calendar day of sickness. The rate rises to 66% on the 31st day, and regular daily earnings, up to a maximum) from the 15th to the 30th calendar day of sickness. The rate rises to 66% on the 31st day, and
72% on the 61st calendar day of sickness. Benefits are available until the 380th calendar day of sickness; in some cases, benefits may be 72% on the 61st calendar day of sickness. Benefits are available until the 380th calendar day of sickness; in some cases, benefits may be
extended. extended.
CRS-37 CRS-37

link to page 45 link to page 45
Country
Benefits
Denmark Denmark
Employers provide benefits for 30 calendar days. Some must provide benefits the ful rate of pay and others provide benefits at a lower Employers provide benefits for 30 calendar days. Some must provide benefits the ful rate of pay and others provide benefits at a lower
rates of pay. Social insurance benefits are available for 22 weeks (in a 9-month period that starts on the first day of sickness). Benefits are rates of pay. Social insurance benefits are available for 22 weeks (in a 9-month period that starts on the first day of sickness). Benefits are
calculated as the product of usual working hours and the employee's average hourly pay, capped at a maximum amount (approximately calculated as the product of usual working hours and the employee's average hourly pay, capped at a maximum amount (approximately
$17.60 per hour in 2021). $17.60 per hour in 2021).
Estonia Estonia
Employers provide benefits from the 4th-8th day of sickness. Medical leave benefits are paid from social insurance starting on the 9th day of Employers provide benefits from the 4th-8th day of sickness. Medical leave benefits are paid from social insurance starting on the 9th day of
sickness up to 182 consecutive calendar days (240 days for selected il nesses). Benefits are calculated as 70% of average pay (100% rate in sickness up to 182 consecutive calendar days (240 days for selected il nesses). Benefits are calculated as 70% of average pay (100% rate in
some instances, such as for incapacity due to pregnancy or childbirth). some instances, such as for incapacity due to pregnancy or childbirth).
Finland Finland
Employers provide benefits at the ful rate of pay for the first 9 days of sickness (50% rate of pay for new employees). Social insurance Employers provide benefits at the ful rate of pay for the first 9 days of sickness (50% rate of pay for new employees). Social insurance
benefits are available after 9 days of employer-provided benefits for up to 60 working days of benefits; in some cases, benefits may be benefits are available after 9 days of employer-provided benefits for up to 60 working days of benefits; in some cases, benefits may be
extended. Benefits cannot exceed 300 working days in any 2-year period for the same il ness. Benefits are calculated using a progressive extended. Benefits cannot exceed 300 working days in any 2-year period for the same il ness. Benefits are calculated using a progressive
formula. formula.
France France
Benefits are provided by social insurance, but some long-tenure employees may qualify for an employer-provided supplement to social Benefits are provided by social insurance, but some long-tenure employees may qualify for an employer-provided supplement to social
insurance payments. Social insurance benefits are available for 12 months over a 3-year period, and may be extended in some instances. insurance payments. Social insurance benefits are available for 12 months over a 3-year period, and may be extended in some instances.
Benefits are calculated as 50% of an employee’s basic daily earnings over the last 3 months, up to a maximum amount. Benefits are calculated as 50% of an employee’s basic daily earnings over the last 3 months, up to a maximum amount.
Germany Germany
Employers provide benefits at the ful rate of pay for up to 6 weeks. Social insurance benefits for the same il ness are available for up to 78 Employers provide benefits at the ful rate of pay for up to 6 weeks. Social insurance benefits for the same il ness are available for up to 78
weeks over a 3-year period. Benefits are calculated as 70% of usual earnings, up to a maximum amount. weeks over a 3-year period. Benefits are calculated as 70% of usual earnings, up to a maximum amount.
Greece Greece
Private sector employers pay benefits for 3 days at a rate of 50% of pay. From the 4th to 15th day of sickness, the employer pays the Private sector employers pay benefits for 3 days at a rate of 50% of pay. From the 4th to 15th day of sickness, the employer pays the
difference between the social insurance medical leave benefit and the employee’s wage. Social insurance pays benefits from the 4th to 15th difference between the social insurance medical leave benefit and the employee’s wage. Social insurance pays benefits from the 4th to 15th
day of sickness at a rate of 50% of the pay typical insured worker with similar wages to the employee (an amount determined by the social day of sickness at a rate of 50% of the pay typical insured worker with similar wages to the employee (an amount determined by the social
insurance program), and at a rate of 100% for the remainder of the sickness period. (Public sector workers are paid their ful wages insurance program), and at a rate of 100% for the remainder of the sickness period. (Public sector workers are paid their ful wages
throughout sickness periods.) The duration of benefits may be 182, 360, or 720 days, depending on how long an employee has contributed throughout sickness periods.) The duration of benefits may be 182, 360, or 720 days, depending on how long an employee has contributed
to the social insurance program. to the social insurance program.
Hungary Hungary
Employers provide benefits for up to 15 days (annually) at a rate of 70% of the daily gross earnings. Social insurance benefits may be Employers provide benefits for up to 15 days (annually) at a rate of 70% of the daily gross earnings. Social insurance benefits may be
claimed after 15 days of employer-provided benefits for up to 1 year. Benefits are paid monthly at a rate of 60% of recent average gross claimed after 15 days of employer-provided benefits for up to 1 year. Benefits are paid monthly at a rate of 60% of recent average gross
earnings (50% in some cases), up to a maximum amount. earnings (50% in some cases), up to a maximum amount.
Icelan Icelande
Iceland provides a flat-rate medical leave benefit to eligible workers unable to work due to a non-work related il ness or injury. The daily Iceland provides a flat-rate medical leave benefit to eligible workers unable to work due to a non-work related il ness or injury. The daily
benefit amount in 2022 is ISK 2,029 (USD $16.43), with an additional ISK 557 (USD $4.51) per child in the home. Benefits are available for benefit amount in 2022 is ISK 2,029 (USD $16.43), with an additional ISK 557 (USD $4.51) per child in the home. Benefits are available for
up to 52 weeks in any 2-year period. These benefits are generally claimed concurrently with union-provided benefits or benefits provided up to 52 weeks in any 2-year period. These benefits are generally claimed concurrently with union-provided benefits or benefits provided
by an individual’s local social services agency. by an individual’s local social services agency.
Ireland Ireland
Benefits are paid by social insurance. In 2022, workers with average weekly earnings of €300 or more can claim a €203 weekly benefit; a Benefits are paid by social insurance. In 2022, workers with average weekly earnings of €300 or more can claim a €203 weekly benefit; a
smaller benefit is available to workers with average weekly earnings below €300. Social insurance benefits may be claimed for up to one smaller benefit is available to workers with average weekly earnings below €300. Social insurance benefits may be claimed for up to one
year by workers who have made at least two years of payments to social insurance, and up to two years by workers who have made at year by workers who have made at least two years of payments to social insurance, and up to two years by workers who have made at
least five years of payments to social insurance. least five years of payments to social insurance.
CRS-38 CRS-38

link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45
Country
Benefits
Isr Israelb
As of 2018, no statutory benefits are provided. Employees may receive benefits under col ective agreements. As of 2018, no statutory benefits are provided. Employees may receive benefits under col ective agreements.
Italy Italy
In general, employers pay benefits for the duration of the sickness period; benefit payments to employees are deducted from an employer’s In general, employers pay benefits for the duration of the sickness period; benefit payments to employees are deducted from an employer’s
required contributions to the national social insurance program. (Some workers receive benefits directly from the social insurance required contributions to the national social insurance program. (Some workers receive benefits directly from the social insurance
program). Private sector employees receive 50.0%-66.7% of average pay, depending on benefit duration (rates increase with duration), for program). Private sector employees receive 50.0%-66.7% of average pay, depending on benefit duration (rates increase with duration), for
up to 6 months. Public sector employees receive 50%-100% of average pay, depending on benefit duration (rates decrease with duration), up to 6 months. Public sector employees receive 50%-100% of average pay, depending on benefit duration (rates decrease with duration),
for up to 18 months. for up to 18 months.
Jap Japanf
Social insurance benefits for at least 6 weeks. Benefits during the first week of sickness are paid at a rate that is below 60% (source did not Social insurance benefits for at least 6 weeks. Benefits during the first week of sickness are paid at a rate that is below 60% (source did not
provide an exact rate), thereafter benefits are paid at a higher rate that is between 60%-79% of earnings. provide an exact rate), thereafter benefits are paid at a higher rate that is between 60%-79% of earnings.
Kor Koreab
As of 2018, no statutory benefits are provided. As of 2018, no statutory benefits are provided.
Latvia Latvia
Employers provide leave benefits from the 2nd to 10th day of sickness. Employers must pay at least 75% of average earnings for the 2nd and Employers provide leave benefits from the 2nd to 10th day of sickness. Employers must pay at least 75% of average earnings for the 2nd and
3rd day of sickness, fol owed by 80% of average earnings until the 10th day of sickness. Social insurance benefits may be claimed after 10 3rd day of sickness, fol owed by 80% of average earnings until the 10th day of sickness. Social insurance benefits may be claimed after 10
days of employer-provided benefits for up 26 weeks for a continuous absence or 52 weeks of intermittent benefits over a 3-year period, days of employer-provided benefits for up 26 weeks for a continuous absence or 52 weeks of intermittent benefits over a 3-year period,
with some possibility of extended benefits. Benefits are calculated as 80% of earnings that are subject to social insurance contributions, up with some possibility of extended benefits. Benefits are calculated as 80% of earnings that are subject to social insurance contributions, up
to a maximum amount. to a maximum amount.
Lithuania Lithuania
Employers provide 2 days of leave benefits at 62.06% (or higher) of the employee’s recent average earnings. Social insurance benefits may Employers provide 2 days of leave benefits at 62.06% (or higher) of the employee’s recent average earnings. Social insurance benefits may
be claimed after 2 days of employer-provided benefits for up to 4 months for a continuous absence, with some possibility of extended be claimed after 2 days of employer-provided benefits for up to 4 months for a continuous absence, with some possibility of extended
benefits. Sickness benefits are paid at a rate of 62.06% of recent average earnings, up to a maximum amount. benefits. Sickness benefits are paid at a rate of 62.06% of recent average earnings, up to a maximum amount.
Luxembourg Luxembourg
Employers provide leave benefits at the employee’s regular rate of pay, up to a maximum amount (€11,009.65 per month in 2021) Employers provide leave benefits at the employee’s regular rate of pay, up to a maximum amount (€11,009.65 per month in 2021) until the until the
end of the month in which falls the 77th day of incapacity for work during an18-month period. (80% of wages paid during sickness are end of the month in which falls the 77th day of incapacity for work during an18-month period. (80% of wages paid during sickness are
refunded to employers from a largely-mandatory mutual insurance scheme, refunded to employers from a largely-mandatory mutual insurance scheme, Mutualité des Employeurs) Social insurance benefits may be ) Social insurance benefits may be
claimed after employer-provided benefits are exhausted for the remainder of the sickness period. Benefits are limited to 78 weeks, claimed after employer-provided benefits are exhausted for the remainder of the sickness period. Benefits are limited to 78 weeks,
including benefits provided by employers. including benefits provided by employers.
Mexi Mexicob
As of 2019, social insurance provides benefits paid at 60% of recent earnings for up to 52 weeks; benefit duration may be extended in As of 2019, social insurance provides benefits paid at 60% of recent earnings for up to 52 weeks; benefit duration may be extended in
some cases. some cases.
The Netherlands The Netherlands
Leave benefits are provided by the employer, who may use private insurance to provide benefits. Employer-provided benefits are paid at a Leave benefits are provided by the employer, who may use private insurance to provide benefits. Employer-provided benefits are paid at a
rate of 70% of pay, up to a maximum amount, and cannot be less than the minimum daily wage in the first year of sickness. Benefits are rate of 70% of pay, up to a maximum amount, and cannot be less than the minimum daily wage in the first year of sickness. Benefits are
available for up to 104 weeks. available for up to 104 weeks.
New Zealan New Zealandg
Employers provide 10 days paid sick leave per year, compensated at ful pay. Employees may carry over up to 20 days of paid sick leave in Employers provide 10 days paid sick leave per year, compensated at ful pay. Employees may carry over up to 20 days of paid sick leave in
each of these 12-month periods. each of these 12-month periods.
Employees who have lost earnings due to a personal health condition may also qualify for a Employees who have lost earnings due to a personal health condition may also qualify for a jobseeker support benefit, an income-tested , an income-tested
benefit. Benefit amounts are determined by the individual’s family composition (e.g. marital status, number of children) and conditional on benefit. Benefit amounts are determined by the individual’s family composition (e.g. marital status, number of children) and conditional on
earnings being below a threshold (that is specific to the individual’s family situation). earnings being below a threshold (that is specific to the individual’s family situation).
CRS-39 CRS-39

link to page 45 link to page 45 link to page 45 link to page 45
Country
Benefits
Nor Norwayh
Employers provide 16 days of benefits at ful pay. Social insurance provides medical leave benefits for the remainder of the sickness period Employers provide 16 days of benefits at ful pay. Social insurance provides medical leave benefits for the remainder of the sickness period
(52 week total, including employer-provided benefits). To remain eligible, workers must demonstrate their intention to return to work as (52 week total, including employer-provided benefits). To remain eligible, workers must demonstrate their intention to return to work as
soon as possible, with the default objective of returning to work within eight weeks. Social insurance benefits are paid at 66% of average soon as possible, with the default objective of returning to work within eight weeks. Social insurance benefits are paid at 66% of average
earnings, up to a maximum amount. earnings, up to a maximum amount.
Poland Poland
Employers provide 33 days (14 days for workers age 50 and older) of benefits at 80% of usual earnings (100% for occupational injuries or Employers provide 33 days (14 days for workers age 50 and older) of benefits at 80% of usual earnings (100% for occupational injuries or
il nesses, and selected medical conditions). Social insurance provides medical leave benefits for up to 182 days (270 days for tuberculosis or il nesses, and selected medical conditions). Social insurance provides medical leave benefits for up to 182 days (270 days for tuberculosis or
pregnancy), fol owing the 33 days of employer-provided benefits. In general, benefits are paid at 80% of usual earnings (70% in the case of pregnancy), fol owing the 33 days of employer-provided benefits. In general, benefits are paid at 80% of usual earnings (70% in the case of
hospitalization and 100% for selected medical conditions). hospitalization and 100% for selected medical conditions).
Portugal Portugal
Social insurance provides up to 3 years of benefits paid at 55% of recent average earnings for the first 30 days of sickness, after which the Social insurance provides up to 3 years of benefits paid at 55% of recent average earnings for the first 30 days of sickness, after which the
benefit rate is increased to 60% (31st to 90th day of sickness), 70% (11th to 365th day of sickness), and 75% (after 1 year). benefit rate is increased to 60% (31st to 90th day of sickness), 70% (11th to 365th day of sickness), and 75% (after 1 year).
Slovak Republic Slovak Republic
Employers provide 10 days of benefits. The first 3 days of benefits are paid at 25% of average earnings, and 55% of average earnings Employers provide 10 days of benefits. The first 3 days of benefits are paid at 25% of average earnings, and 55% of average earnings
thereafter. Social insurance benefits are paid starting at the 11th day of sickness, for up to 52 weeks. In general, benefits are calculated at thereafter. Social insurance benefits are paid starting at the 11th day of sickness, for up to 52 weeks. In general, benefits are calculated at
55% of average earnings in the previous year, up to a maximum amount. 55% of average earnings in the previous year, up to a maximum amount.
Slovenia Slovenia
Employers provide 30 days of benefits, and social insurance provide benefits starting on the 31st day of il ness. The benefit payment rate Employers provide 30 days of benefits, and social insurance provide benefits starting on the 31st day of il ness. The benefit payment rate
ranges from 70%-90% for the first 90 days, depending on the cause of absence, and 80%-100% for the duration of the sickness period. The ranges from 70%-90% for the first 90 days, depending on the cause of absence, and 80%-100% for the duration of the sickness period. The
benefit duration period is determined by designated medical professionals. benefit duration period is determined by designated medical professionals.
Spain Spain
Employers provide benefits from the 4th to 20th day of il ness at a rate of 60% of recent average earnings (that are subject to social Employers provide benefits from the 4th to 20th day of il ness at a rate of 60% of recent average earnings (that are subject to social
insurance contributions), and at a rate of 75% starting on the 21st day of sickness. Employers are reimbursed by social insurance for insurance contributions), and at a rate of 75% starting on the 21st day of sickness. Employers are reimbursed by social insurance for
benefits paid after the 15th day of sickness. Benefits are paid for up to 365 days, and may be extended by 180 days if a cure is expected in benefits paid after the 15th day of sickness. Benefits are paid for up to 365 days, and may be extended by 180 days if a cure is expected in
that period. that period.
Switzerland Switzerland
As of 2018, employers provide ful -pay for “a limited period.” This period must be at least 3 weeks during the first year of employment, As of 2018, employers provide ful -pay for “a limited period.” This period must be at least 3 weeks during the first year of employment,
and a longer period thereafter. Alternatively, employers may provide sickness insurance policies for their employees, if they pay at least and a longer period thereafter. Alternatively, employers may provide sickness insurance policies for their employees, if they pay at least
half of the insurance premiums, among other conditions. half of the insurance premiums, among other conditions.
The insurance contract specifies the benefit rate (usually 80% of recent pay) and the maximum period for which medical leave benefits are The insurance contract specifies the benefit rate (usually 80% of recent pay) and the maximum period for which medical leave benefits are
payable. The minimum duration is 720 days within 900 days. payable. The minimum duration is 720 days within 900 days.
Sweden Sweden
Employers provide benefits at 80% of pay for up to 14 days. Social insurance benefits may be claimed after 14 days of employer-provided Employers provide benefits at 80% of pay for up to 14 days. Social insurance benefits may be claimed after 14 days of employer-provided
benefits and for up to 90 days. Benefits may continue after 90 days, but are provided under different terms. In 2022, workers receive benefits and for up to 90 days. Benefits may continue after 90 days, but are provided under different terms. In 2022, workers receive
benefits paid at 76.5% of pay, up to a daily maximum. benefits paid at 76.5% of pay, up to a daily maximum.
Tur Turkeyb
As of 2018, social insurance provides benefits paid at 66.7% of average daily earnings (50% of average earnings if hospitalized), up to a As of 2018, social insurance provides benefits paid at 66.7% of average daily earnings (50% of average earnings if hospitalized), up to a
maximum amount, after a two-day waiting period. There is no established limit on the duration of benefits. maximum amount, after a two-day waiting period. There is no established limit on the duration of benefits.
CRS-40 CRS-40

link to page 45 link to page 45
Country
Benefits
United Kingdo United Kingdomi
Employers provide a benefits paid at a flat rate to certain employees working under an employment contract for up to 28 weeks of Employers provide a benefits paid at a flat rate to certain employees working under an employment contract for up to 28 weeks of
incapacity after a 3-day waiting period. incapacity after a 3-day waiting period.
After employer-provided benefits are exhausted, social insurance provides benefits paid at a flat rate after a seven-day waiting period. After employer-provided benefits are exhausted, social insurance provides benefits paid at a flat rate after a seven-day waiting period.
Benefits are generally available for up to 365 days; some workers have no time limits on benefits. Additional benefits may be available Benefits are generally available for up to 365 days; some workers have no time limits on benefits. Additional benefits may be available
under certain circumstances. under certain circumstances.
United States United States
N/A N/A
Source: CRS based on information in MISSOC database (European Union countries) at https://www.missoc.org/; International Social Security Association, Country CRS based on information in MISSOC database (European Union countries) at https://www.missoc.org/; International Social Security Association, Country
Profiles (2018 and 2019), at https://ww1.issa.int/country-profiles; and program information provided on selected countries’ official government websites. Profiles (2018 and 2019), at https://ww1.issa.int/country-profiles; and program information provided on selected countries’ official government websites.
Notes: Benefits are conditional on employees meeting eligibility requirements (e.g., social insurance payments, insured status, and tenure with employer) and program Benefits are conditional on employees meeting eligibility requirements (e.g., social insurance payments, insured status, and tenure with employer) and program
requirements (e.g., receipt of doctor’s note confirming incapacity). Benefits may be different for certain groups of workers (e.g., self-employed workers, public sector requirements (e.g., receipt of doctor’s note confirming incapacity). Benefits may be different for certain groups of workers (e.g., self-employed workers, public sector
workers). Benefits may be subjected to a waiting period. Other benefits may be available to workers who are unable to work due a serious medical condition. workers). Benefits may be subjected to a waiting period. Other benefits may be available to workers who are unable to work due a serious medical condition.
a. Australian Government information at “Who gets paid sick and carer’s leave?” at https://www.fairwork.gov.au/leave/sick-and-carers-leave/paid-sick-and-carers-leave, a. Australian Government information at “Who gets paid sick and carer’s leave?” at https://www.fairwork.gov.au/leave/sick-and-carers-leave/paid-sick-and-carers-leave,
and https://www.servicesaustralia.gov.au/jobseeker-payment. and https://www.servicesaustralia.gov.au/jobseeker-payment.
b. International Social Security Association, Country Profiles (2018 and 2019), at https://ww1.issa.int/country-profiles. b. International Social Security Association, Country Profiles (2018 and 2019), at https://ww1.issa.int/country-profiles.
c. Canada Labour Code (R.S.C., 1985, c. L-2), Section 206.6 Personal Leave, at https://laws-lois.justice.gc.ca/eng/acts/L-2/. c. Canada Labour Code (R.S.C., 1985, c. L-2), Section 206.6 Personal Leave, at https://laws-lois.justice.gc.ca/eng/acts/L-2/.
d. Analysis by the World Policy Center indicates that employers are obligated to provide benefits for some period, but CRS could not locate additional details for this d. Analysis by the World Policy Center indicates that employers are obligated to provide benefits for some period, but CRS could not locate additional details for this
requirement. See https://www.worldpolicycenter.org/data-tables. requirement. See https://www.worldpolicycenter.org/data-tables.
e. Icelandic Health Insurance program page at https://www.sjukra.is/english/social-insurance-in-iceland/cash-sickness-benefits/. e. Icelandic Health Insurance program page at https://www.sjukra.is/english/social-insurance-in-iceland/cash-sickness-benefits/.
f. f.
World Policy Center at https://www.worldpolicycenter.org/data-tables. World Policy Center at https://www.worldpolicycenter.org/data-tables.
g. New Zealand Ministry of Social Development, Job Seeker Support at https://www.workandincome.govt.nz/products/a-z-benefits/jobseeker-support.html. Benefit g. New Zealand Ministry of Social Development, Job Seeker Support at https://www.workandincome.govt.nz/products/a-z-benefits/jobseeker-support.html. Benefit
amounts as of April 2022 are at https://www.workandincome.govt.nz/map/deskfile/main-benefits-cut-out-points/jobseeker-support-cut-out-points-current.html. amounts as of April 2022 are at https://www.workandincome.govt.nz/map/deskfile/main-benefits-cut-out-points/jobseeker-support-cut-out-points-current.html.
h. Norwegian Labor and Welfare Administration information at https://www.nav.no/en/home/benefits-and-services/sickness-benefits and https://www.nav.no/en/home/ h. Norwegian Labor and Welfare Administration information at https://www.nav.no/en/home/benefits-and-services/sickness-benefits and https://www.nav.no/en/home/
rules-and-regulations/membership-of-the-national-insurance-scheme. Within four weeks of claiming benefits, a worker and her or his employer must submit a plan rules-and-regulations/membership-of-the-national-insurance-scheme. Within four weeks of claiming benefits, a worker and her or his employer must submit a plan
(oppfølgingsplan) describing steps to be taken to return the worker to work as soon as possible. (oppfølgingsplan) describing steps to be taken to return the worker to work as soon as possible.
i. i.
United Kingdom Government information on Statutory Sick Pay at https://www.gov.uk/employers-sick-pay, and the Employment and Support Allowance at United Kingdom Government information on Statutory Sick Pay at https://www.gov.uk/employers-sick-pay, and the Employment and Support Allowance at
https://www.gov.uk/employment-support-allowance. https://www.gov.uk/employment-support-allowance.
CRS-41 CRS-41

Paid Family and Medical Leave in the United States

Author Information

Sarah A. Donovan Sarah A. Donovan

Specialist in Labor Policy Specialist in Labor Policy

Acknowledgments
~~Many thanks to~~ CRS Research Assistant Isobel SorensonCRS Research Assistant Isobel Sorenson~~, who~~ provided research support for this report, provided research support for this report,
and CRS Graphics Specialist Brion Longand CRS Graphics Specialist Brion Long~~, who~~ produced the state leave insurance program graphic. produced the state leave insurance program graphic.

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material. copy or otherwise use copyrighted material.

Congressional Research Service Congressional Research Service
R44835 R44835 · VERSION 1921 · UPDATED
42 42