Paid Family and Medical Leave in the United States

Paid Family and Medical Leave in the
September 25, 2023
United States
Sarah A. Donovan
United States Updated March 26, 2025 (R44835) Jump to Main Text of Report

Contents

• Introduction
• Paid Family and Medical Leave in the United States
• Employer-Provided Paid Family Leave and Short-Term Disability Insurance
• State-Run Family Leave, Medical Leave, and Temporary Disability Insurance Programs
• Research on Paid Family and Medical Leave
• Research on Paid Parental Leave
• Research on Paid Family Caregiving for a Close Family Member
• Research on Employer Impacts
• Family and Medical Leave Benefits in OECD Countries
• Parental Leave Benefits
• Other Family Caregiving Benefits
• Medical Leave Benefits
• Recent Federal PFML Legislation and Proposals

Figures

• Figure 1. Private Sector Employee Access to Employer-Provided Paid Family Leave and Short-Term Disability Insurance, by Selected Industry
• Figure 2. Weeks of Total Benefits Available in a Benefit Year under State Leave Insurance Programs, March 2025
• Figure 3. State Leave Insurance Programs, Selected Benefit Information as of March 2025
• Figure 4. Average Full-Wage Equivalent Weeks of Paid Leave Available to Mothers
• Figure 5. Average Full-Wage Equivalent Weeks of Paid Leave Available to Fathers

Tables

• Table A-1. Private Sector Workers with Access to Employer-Provided Paid Family Leave (2023) and Employer-Provided Short-Term Disability Insurance (2024)
• Table B-1. State Family and Medical Leave Insurance Program Provisions, as of March 2025
• Table B-2. Job Protection for State Leave Insurance Program Beneficiaries
• Table C-1. Paid Family Caregiving Leave Policies in Selected OECD Countries as of January 2020
• Table C-2. Medical Leave Benefits in OECD Member Countries

Appendixes

• Appendix A. Employer-Provided Paid Family Leave and Short-Term Disability Insurance
• Appendix B. State Leave Insurance Programs, Selected Provisions as of March 2025
• Appendix C. Caregiving Leave and Medical Leave Benefits in OECD Countries

Summary

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
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 employeechild or serious illness of a close family member, or an employee’'s own serious medical needs. 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. Also, workers in certain states may be family leave insurance) to finance unpaid medical leave or family caregiving leave. Also, workers in certain states may be
eligible for state family and medical leave insurance benefits that can provide some income support during periods of leave.eligible for state family and medical leave insurance benefits that can provide some income support during periods of 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, 2427% of private-industry % of private-industry
employees had access to paid family leave (employees had access to paid family leave (i.ee.g., parental leave and family caregiving leave) through their employers in March ., parental leave and family caregiving leave) through their employers in March
20222023, and , and 4345% had access to employer-supported short-term disability insurance policies% had access to employer-supported short-term disability insurance policies in March 2024. The availability of these benefits . 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, 14 Fourteen states (including the District of Columbia) have enacted legislation to create states (including the District of Columbia) have enacted legislation to create statemandatory paid family and medical 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 September 2023, nineMarch 2025, 10 states operate such states operate such
programs, which offer programs, which offer 812 to 52 weeks of total benefits to eligible workers in a benefit year (in those states, to 52 weeks of total benefits to eligible workers in a benefit year (in those states, total family leave family leave
insurance benefits are limited to 5 to 12 weeks). Five otherinsurance benefits that may be used, for example, to care for a new child or for a family member with a serious health condition are limited to 7 to 12 weeks). Four states have enacted legislation creating such programs, but they states have enacted legislation creating such programs, but they
are not yet implemented and paying benefits. New Hampshire enacted legislation to create a are not yet implemented and paying benefits. New Hampshire enacted legislation to create a voluntary paid family and medical leave paid family and medical leave
insurance plan that may be purchased, voluntarily, by employers or certain employees.
insurance plan. Many advanced economies entitle workers to some form of compensated family and medical leave. Whereas some provide Many advanced economies 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 emphasize 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 leave for new parents, mothers in particular. As of 20222024, the United States is the only , the United States is the only OrganizationOrganisation for Economic Co- for Economic Co-
operation and Development (OECD) member country to not provide for paid leave to new mothers employed in the private operation and Development (OECD) member country to not provide for paid leave to new mothers employed in the private
sector. sector. (Most U.S. federal civilian employees are entitled to a paid parental leave benefit.) A smaller majority of member countries provides benefits to fathers and other non-birth parents. A smaller majority of member countries provides benefits to fathers and other non-birth parents. CaregivingPaid caregiving benefits benefits
of some type are provided in nearly 75% of OECD countries. Few OECD member countries do not provide a medical leave 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 workersbenefit (either through social insurance, an employer mandate, or both) for absences resulting from workers’' serious medical serious medical
needs.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 recent Congresses. For example, the Family and Medical access to paid family and medical leave have been introduced in recent Congresses. For example, the Family and Medical
Insurance Leave Act (FAMILY Act; H.R. 3481Insurance Leave Act (FAMILY Act; H.R. 3481//S. 1714S. 1714, 118^th, 118th Congress) Congress) proposesproposed to establish a national leave insurance to establish a national leave insurance
program that would provide cash benefits to eligible individuals who are engaged in certain activities. Using a different program that would provide cash benefits to eligible individuals who are engaged in certain activities. Using a different
approach, the Expanding Small Employer Pooling Options for Paid Family Leave Act of 2021 (H.R. 5161approach, the Expanding Small Employer Pooling Options for Paid Family Leave Act of 2021 (H.R. 5161, 117^th, 117th Congress) Congress)
would have allowed multiple employer welfare arrangements that may potentially create additional opportunities for certain would have allowed multiple employer welfare arrangements that may potentially create additional opportunities for certain
employers to pool risk and affect the costs of providing such benefits.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.
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Contents
Introduction ..................................................................................................................................... 1
Paid Family and Medical Leave in the United States ...................................................................... 2
Employer-Provided Paid Family Leave and Short-Term Disability Insurance ......................... 3
State-Run Family Leave, Medical Leave, and Temporary Disability Insurance
Programs ................................................................................................................................ 7
Research on Paid Family and Medical Leave ......................................................................... 12
Research on Paid Parental Leave in California ................................................................. 13
Research on Paid Family Caregiving and Medical Leave ................................................ 14
Family and Medical Leave Benefits in OECD Countries ............................................................. 16
Parental Leave Benefits ........................................................................................................... 16
Other Family Caregiving Benefits .......................................................................................... 18
Medical Leave Benefits ........................................................................................................... 18
Recent Federal PFML Legislation and Proposals ......................................................................... 18

Figures
Figure 1. Weeks of Total Benefits Available in a Benefit Year under State Leave
Insurance Programs, September 2023 .......................................................................................... 8
Figure 2. State Leave Insurance Programs, Selected Benefit Information as of September
2023 ............................................................................................................................................. 11
Figure 3. Average Full-Wage Equivalent Weeks of Paid Leave Available to Mothers .................. 17
Figure 4. Average Full-Wage Equivalent Weeks of Paid Leave Available to Fathers ................... 17

Tables
Table 1. Private Sector Workers with Access to Employer-Provided Paid Family Leave
and Employer-Supported Short-Term Disability Insurance, March 2022 .................................... 5

Table A-1. State Family and Medical Leave Insurance Program Provisions, as of
September 2023 .......................................................................................................................... 20
Table A-2. Job Protection for State Leave Insurance Program Beneficiaries ................................ 30
Table B-1. Paid Family Caregiving Leave Policies in Selected OECD Countries as of
January 2020 .............................................................................................................................. 35
Table B-2. Medical Leave Benefits in OECD Member Countries ................................................ 38

Appendixes
Appendix A. State Leave Insurance Programs, Selected Provisions as of September 2023 ......... 20
Appendix B. Caregiving Leave and Medical Leave Benefits in OECD Countries ....................... 34

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Contacts
Author Information ........................................................................................................................ 43


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Paid Family and Medical Leave in the United States

Introduction

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’employee's own serious medical condition (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 workerintervention and interfere with a worker’'s performance of key job responsibilities. Although the 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 workers with a federal entitlement to unpaid job-protected leave for a limited set of family caregiving needs, 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. of any kind.1
1 Currently, employees may access PFML if offered by an employer.Currently, employees may access PFML if offered by an employer.22 Employers that provide 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.employers of providing such leave.33 Qualifying employees include those whose earnings Qualifying employees include those whose earnings in the year before the paid leave wages were paid do not do not
exceed 60% of a exceed 60% of a “"highly compensated employeehighly compensated employee” threshold (the tax credit earnings threshold is
60% x $150,000 = $90,000 for earnings in 2023" threshold (for paid leave wages paid in 2025, employee compensation in 2024 cannot have exceeded 60% x $155,000 = $93,000). The tax credit is available through December ). The tax credit is available through December
2025.2025.
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 commonly, family leave insurance4insurance⁴) to finance unpaid medical leave or family caregiving leave. ) 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 workercaregiving activities or who must be absent from work as a result of the worker’'s own significant s own significant
medical needs.medical needs.55 In these states, workers can mitigate lost earnings during periods of unpaid 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 family and medical leave by combining an entitlement to unpaid leave with state-provided
insurance benefits.insurance benefits.
Some congressional proposals have sought to enhance national access to paid family and medical Some congressional proposals have sought to enhance national access to paid family and medical
leave by expanding upon existing mechanisms (i.e., voluntary employer provision or financing of leave by expanding upon existing mechanisms (i.e., voluntary employer provision or financing of
leave through social insurance). For example, in the leave through social insurance). For example, in the 117th117^th Congress, the Expanding Small Congress, 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) would have allowed ) would have allowed

1 The Family and Medical Leave Act of 1993 (FMLA) allows employees to use employer-provided paid leave during
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
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
Commission, Employer-Provided Leave and the Americans with Disabilities Act, May 9, 2016, https://www.eeoc.gov/
eeoc/publications/ada-leave.cfm.
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
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. Additional information is in CRS In Focus IF12420, The Federal Employee Paid Parental Leave
Benefit, by Sarah A. Donovan and Jon O. Shimabukuro.
3 For more information see CRS In Focus IF11141, Employer Tax Credit for Paid Family and Medical Leave, by Molly
F. Sherlock.
4 Some states, such as Arkansas and Virginia, have enacted laws establishing family leave insurance as a class of
insurance in the state.
5 In some states, medical leave is financed through state short-term disability insurance programs (sometimes called
temporary disability insurance (TDI), in this context).
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multiple employer welfare arrangements (MEWAs), as covered by the Employee Retirement multiple employer welfare arrangements (MEWAs), as covered by the Employee Retirement
Income Security Act (ERISA; P.L. 93-406), to include family and medical leave benefitsIncome Security Act (ERISA; P.L. 93-406), to include family and medical leave benefits, which
may potentially create additional opportunities for; potentially, such a change may have allowed certain employers to pool risk and affect the certain employers to pool risk and affect the
costs of providing such benefits. Similar to the state leave insurance approach, the Family and costs of providing such benefits. Similar to the state leave insurance approach, the Family and
Medical Insurance Leave Act (FAMILY Act; H.R. 3481Medical Insurance Leave Act (FAMILY Act; H.R. 3481//S. 1714S. 1714, 118^th, 118th Congress) Congress) proposes a
proposed a national wage insurance program for persons who are engaged in family caregiving activities, national wage insurance program for persons who are engaged in family caregiving activities,
who are unable to work as a result of their own serious health condition, or for needs related to who are unable to work as a result of their own serious health condition, or for needs related to
domestic violence, sexual assault, or stalking.domestic violence, sexual assault, or stalking.
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. Expectedunpaid leave out of reach. Expected workforce benefits of expanded access to PFML include stronger labor 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 greater incomeearnings stability for their families; and improvements to worker morale, job tenure, and stability for their families; and improvements to worker morale, job tenure, and
other productivity-related factors. Some studies other productivity-related factors. Some studies also identify a relationship between paid leave and identify a relationship between paid leave and
family well-being as measured by a range of outcomes (e.g., child health, mothersfamily well-being as measured by a range of outcomes (e.g., child health, mothers’' mental well- mental well-
being).being).66 Some Members have expressed concerns about proposals to expand access to paid family Some Members have expressed concerns about proposals to expand access to paid family
and medical leave citing the potentially high costs of such policies. Potential costs include the 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 (e.g., 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 administrative 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 revenue.costs. In the case of tax incentives, there is a cost in terms of forgone federal tax revenue.77 The The
magnitude and distributions of costs and benefitsmagnitude and distributions of costs and benefits of a given policy would depend on how the policy is would depend on how the policy is
implemented, implemented, including the size and duration of benefits, how benefits are financed, and other the size and duration of benefits, how benefits are financed, and other
policy factors.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 families andor the amount of leave needed, but occur less frequently in the general worker 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 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.

6 For a discussion see the “Research on Paid Family and Medical Leave” section of this report.
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
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.
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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 newlythe arrival and care of a newborn child or a newly placed adopted or fostered placed adopted or fostered
child (i.e., a child (i.e., a newly arrived child)),
• , the serious medical needs of certain close family membersthe serious medical needs of certain close family members, and , and
• the employeethe employee’'s own serious medical needs that interfere with the performance of s own serious medical needs that interfere with the performance of
his or her job dutieshis or her job duties.8
.⁸ In practice, day-to-day needs for leave to attend to In practice, day-to-day needs for leave to attend to other family matters (e.g., a school conference or family matters (e.g., a school conference or
lapse in child care coverage), lapse in child care coverage), a minor illness (e.g., common cold), or preventive care are not minor illness (e.g., common cold), or preventive care are not
generally included among family and medical leave categories.generally included among family and medical leave categories.9
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.benefit.1010 Employers can provide the paid leave directly (i.e., by continuing to pay employees 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).unable to work due to a non-work-related injury or illness).1111 Such policies can be purchased 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
certainpolicy conditions are met. conditions are met.
STDI reduces wage-loss (during periods of unpaid leave) related to a covered employeeSTDI reduces wage-loss (during periods of unpaid leave) related to a covered employee’'s own s own
medical needs, but generally does not pay benefits when an employeemedical needs, but generally does not pay benefits when an employee’'s absence is related to s absence is related to
caregiving, bonding with a new child, or the family military needs that are included in some caregiving, bonding with a new child, or the family military needs that are included in some
definitions of definitions of family leave. STDI benefits may be claimed for pregnancy- or childbirth-related . 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 disabilities, and as such may be used to finance a portion of maternity leave in some
circumstances.circumstances.1212 Family leave insurance (FLI), a newer concept, provides cash benefits to Family leave insurance (FLI), a newer concept, provides cash benefits to

8 Some recent federal proposals would also have provided cash benefits to workers with other caregiving needs. For
example, the FAMILY Act proposes to provide benefits to individuals with certain military family needs; the Build
Back Better Act, as introduced in H.R. 5376 (117th Congress) on September 27, 2021 proposed benefits for needs
related to the death of a family member.
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
relatively short in duration. For example, the Healthy Families Act (H.R. 3409 /S. 1664, 118th Congress) proposes to
require that certain employers 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 allow 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
domestic violence, sexual assault, or stalking, among other uses.
10 In some states, an employer’s provision of or contributions to short-term disability insurance (or temporary disability
insurance)—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.
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, Workers’
Compensation: Overview and Issues, by Scott D. Szymendera.
12 This is because maternity leave generally describes time off work for a combination of needs: (1) leave for a
mother’s physical recovery from childbirth, and (2) time to care for and bond with a new child. The first is technically
(continued...)
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workers engaged in certain caregiving activities. Currently, FLI is not broadly available from workers engaged in certain 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 leave benefit directly (i.e., offer paid family leave).
private insurance companies.¹³ 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),
2427% 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 2022.142023.¹⁴ The BLS survey defines paid family leave as The BLS survey defines paid family leave as
leave provided specifically to care for a family member, parental leave (i.e., for a new childleave provided specifically to care for a family member, parental leave (i.e., for a new child’s
's arrival), arrival), andor maternity leave that is granted in addition to any sick leave, annual leave, vacation, 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.personal leave, or short-term disability leave that is available to the employee.¹⁵ BLS does not 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-employer-supportedprovided STDI. STDI.1516 In March In March 2022, 432024, 45% 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 employeepercentage of an employee’'s earnings, sometimes up to a maximum weekly benefit amount (e.g., 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 workersweek); in other cases the wage replacement rate may vary by workers’' annual earnings or 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 (7372% 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 $9931,000 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.to employees with access to STDI plans was 26 weeks.16
As shown in Table 1, employee17 Employee access to employer-provided paid family leave and access to employer-provided paid family leave and employer-
supported STDI is not uniform across occupations and industries, and varies widely across wage STDI is not uniform across occupations and industries, and varies widely across wage
groupsgroups (see Table A-1). In particular, access was more prevalent among managerial and professional occupations; . In particular, access was more prevalent among managerial and professional occupations;
information, financial, and professional, scientific, and technical serviceinformation and financial activities industries; high-paying industries; high-paying
occupations; full-time workers; and workers in relatively large companies (as measured by occupations; 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

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 circumstances, 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
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
plans that cover family leave insurance claims—and New York state requires that employers purchase such privately
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). As of
2023, 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.
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 24% in
March 2022). 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
contribution to the plan (employee-paid only), then such an insurance plan is not considered to be an employer-
provided benefit.
15 BLS also collects information on employer-provided paid sick leave, 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
physical). Whereas federal proposals seek to provide several weeks or months of paid medical leave,number of employees). BLS estimates that private sector employees' access to paid family leave and STDI through their employers has increased since 2010, but growth rates varied across industries (Figure 1). Overall, access to employer-provided paid family leave increased by 17 percentage points between 2010 and 2023 and employer- employer-
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 2022; 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, National Compensation Survey: Employee
Benefits in the United States, March 2022, September 2022.
16 The 90th percentile value was also 26 weeks, suggesting that STDI plans offering more than 26 weeks of benefits
were relatively rare.
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types of paid leave may be increasing among certain groups of workers.17 This may be partially
reflected in BLS statistics which indicate a 6 percentage point increase in private sector workers’
access to paid family leave between March 2019 (18%) and March 2022 (24%).18 However,
access rates 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% in March 2019 to 10% in March 2022; trend not shown in Table 1). The
share of all private sector employees with access to employer-supported STDI increased by one
percentage point over that time period; it was 42% in March 2019 and 43% in March 2022.
Table 1. Private Sector Workers withprovided STDI increased by 6 percentage points over the 2010-2024 period. For both benefits, access in the leisure and hospitality sector was below the average for all industries in each year and had lower growth over the period, whereas access rates in the professional and business services industry were above average in most years.¹⁸

Figure 1. Private Sector Employee Access to Employer-Provided Paid Family Leave and Access to Employer-Provided Paid Family
Leave and Employer-Supported Short-Term Disability Insurance, March 2022
Employer-Supported
Employer-Provided
Short-Term Disability
Paid Family Leave
Insurance
Category
(% of workers)
(% of workers)
All Workers
24%
43%
By Occupation


Service
14%
23%
Production, transportation, and material moving
14%
48%
Natural resources, construction, and maintenance
16%
37%
Sales and office
26%
41%
Management, professional, and related
39%
59%

17 Among 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
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 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-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 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 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 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 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; 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; 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.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-for-workforce.
18 The increase in access to paid family leave between March 2019 and March 2022 may also reflect, in part, a
compositional 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 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 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.
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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)
By Industry


Leisure 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


Bottom 25%
12%
21%
Second 25%
23%
41%
Third 25%
26%
51%
Top 25%
40%
65%
By Hours of Work Status


Part-time
12%
19%
Full-time
28%
51%
By Establishment Size


1 to 99 employees
18%
31%
100 to 499 employees
29%
54%
500 or more employees
36%
64%
Source: Bureau of Labor Statistics (BLS), 2022 Employee Benefits Survey, September 2022.
Notes: 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
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-
term disability plans as those that “provide benefits for non-work-related illnesses 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
flat dollar 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 full or partial payment
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
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
medical needs.
A 2017 study by the Pew Research Center (Pew)Short-Term Disability Insurance, by Selected Industry Source: BLS, National Compensation Survey: Employee Benefits in the United States, 2010-2024 Historical Dataset, https://www.bls.gov/ebs/publications/employee-benefits-in-the-united-states-march-2024.htm. Notes: Employer-provided paid leave and insurance benefits include those required under state law, as long as the employer finances part of the benefit (i.e., benefits financed entirely by employee contributions are not included by BLS). The most current year of data for employer-provided paid family leave published by BLS is 2023. See additional notes at Table A-1. The BLS employee benefit data do not contain information on workers' need for or use of leave, but some researchers have estimated workers' experiences from other sources. A 2017 study by the Pew Research Center (Pew), for example, examined U.S. perceptions of and experiences 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.
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workers and its availability for those who need it.workers and its availability for those who need it.1919 Pew reported, for example, that 27% of Pew reported, for example, that 27% of
persons who were employed for pay between November 2014 and November 2016 took leave persons 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 (paid and 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.time period, and another 16% had a need for such leave but were not able to take it.2020 Among Among
workers who were able to use leave, 47% received full pay, 36% received no pay, and 16% workers who 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 received partial pay. 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 have less access to 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 $30,000 in total 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.was 26% among 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 contrast, 13% of White workers for family or medical reasons and were not able to take it; by contrast, 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.with no pay.21
This finding of gaps in access across demographic groups is consistent with the findings of other, more recent studies.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 September 2023, nineMarch 2025, 10 states (including the states (including the
District of Columbia [DC])—California, District of Columbia [DC])—California, Colorado, Connecticut, DC, Massachusetts, New Jersey, New Connecticut, DC, Massachusetts, New Jersey, New
York, Oregon, Rhode Island, and Washington—have active programs.22 Five additional

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
(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 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 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 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
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.
The survey questionnaire defines a serious health condition 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
treatment by a health care provider at least twice a year.” See https://www.pewsocialtrends.org/dataset/family-and-
medical-leave-study/.
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
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,” Monthly Labor Review,
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.
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.
Because participation is voluntary for all private sector employers, the program is not included in this discussion. See
footnote 4 for more information on the NH program.
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Paid Family and Medical Leave in the United States

programs—those in Colorado, York, Oregon, Rhode Island, and Washington—have active programs.²² Four additional programs—those in Delaware, Maine, Maryland, and Minnesota—await Delaware, Maine, Maryland, and Minnesota—await
implementation.implementation.2323 Participation in these state-run leave insurance programs is mandatory (i.e., Participation in these state-run leave insurance programs is mandatory (i.e.,
covered employers may not opt-out of these programs).covered employers may not opt-out of these programs).24
In September 202324 As of March 2025, total benefits available in a benefit year (typically a 12-month period) under a , total benefits available in a benefit year (typically a 12-month period) under a
state leave insurance program to eligible claimants ranged from 12 to 52 weeks state leave insurance program to eligible claimants ranged from 12 to 52 weeks (Figure 12).
Selected information on state leave insurance benefits is displayed Selected information on state leave insurance benefits is displayed inin Figure 2 and3 and Table AB-1
provides a summary of key provisions of state leave insurance laws.provides a summary of key provisions of state leave insurance laws.

Figure 12. Weeks of Total Benefits Available in a Benefit Year under State Leave
Insurance Programs, September 2023

March 2025 Source: CRS CRS, based on information based on information in Table AB-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. Delaware permits employers with between 11 and 24 employees to limit leave to 6-11
weeks for the first five years of the program. weeks in a benefit year. Benefits are subject to eligibility conditions, and are calculated using 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 met state-specific benefit formulae. Some states provide additional weeks of benefits if certain conditions are met
(e.g., Colorado, Connecticut, Oregon, and Washington provide (e.g., Colorado, Connecticut, Oregon, and Washington provide two additional weeks of medical leave insurance additional weeks of medical leave insurance
benefits for medical complications resulting from a pregnancy). The contingent additional weeks of benefits is benefits for medical complications resulting from a pregnancy). The contingent additional weeks of benefits is
denoted by the dashed line in the figure.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).2525 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.benefits are used interchangeably in this section.2626) For example, eligible California workers may ) For example, eligible California workers may

23 Benefit payments the Colorado program are to start in January 2024; benefits for the Maryland, Delaware, and
Minnesota programs are to start in January 2026; and benefits for the Maine program are to start in May 2026.
24 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.
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
(continued...)
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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 and MLI weeks per year that may be used for a variety of family or medical needs, but limits FLI and MLI
claims to 12 weeks each.claims to 12 weeks each.27 27 All states included inAll states included in Table AB-1 offer (or will offer) FLI benefits offer (or will offer) FLI benefits
through their programs to eligible individuals who take leave from work for the arrival of a new 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 condition; 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.some states provide family leave insurance in other circumstances.28
28 Table AB-1 shows the following:shows the following:²⁹29
• 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 20232025, but most weeks of benefits , but most weeks of benefits
are set aside for MLI in these statesare set aside for MLI in these states. . Newer programs (i.e., those that Newer programs (i.e., those that
implemented their programs in 2020 or laterimplemented their programs in 2020 or later)) tend to offer fewer total weeks of tend to offer fewer total weeks of
benefits—the range is 12 total (e.g., DC) to 25 total (Massachusetts); generally benefits—the range is 12 total (e.g., DC) to 25 total (Massachusetts); generally
this is because newer programs offer fewer weeks of medical leave than longer-this is because newer programs offer fewer weeks of medical leave than longer-
running programsrunning programs.
• . Benefit Amount: Weekly benefits amounts range from : Weekly benefits amounts range from 50% to 100% of an
employee’50% to 100% of an employee's average weekly earningss average weekly earnings and all states cap benefits at a maximum and all states cap benefits at a maximum
weekly amountweekly amount ( ($170 per week for $170 per week for MLIMLI benefits in New York to benefits in New York to $1,681 $1,620 per per
week for FLI or week for FLI or MLIMLI benefits in California benefits in California)). Most states with leave insurance . Most states with leave insurance
programs have or plan to have a progressive benefit formulaprograms 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.to the insurance funds. Delaware’s program further conditions The New York and Delaware programs further condition benefit eligibility benefit eligibility
on a workeron a worker’'s tenure with the current employers tenure with the current employer.
• . Financing: All programs are financed through payroll : All programs are financed through payroll taxescontributions, with some variation , with some variation
in how in how taxescontributions are allocated between employers and employees 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 provides job protection to leave insurance claimants who worked at least 90 days with Oregon provides 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 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

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
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 footnote 15 for
additional discussion.
27 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.
28 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., safe leave).
29 For reasons noted in footnote 22, Hawaii, New Hampshire, and Puerto Rico are not included in the table.
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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. coordinate such job-protected leave with the receipt of state insurance benefits. (See Table AB-2
for a summary of relevant state laws.) For example, job protection does not accompany leave for a summary of relevant state laws.) For example, job protection does not accompany leave
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 eligible for job protection under the FMLA (federal protections) or the California Family Rights FMLA (federal protections) or the California Family Rights
ActAct (state protections); California workers claiming MLI for pregnancy or childbirth-related disabilities may be ; 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.30
30 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 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 purchase the New Hampshire Paid Family and Medical Leave (NH PFML) insurance plan from a state-selected
insurance provider. (In insurance provider. (In 20232025, the state, the state’'s insurance partner is Metlife.) The NH PFML plan provides six weeks of 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 wage replacement for selected family leave needs and for certain medical leave needs that are not covered by
disability insurance.disability insurance.3131 Beneficiaries Beneficiaries’' wages are replaced at a rate of 60% up to a maximum amount. Employers that wages are replaced at a rate of 60% up to a maximum amount. Employers that
purchase the NH PFML from the statepurchase the NH PFML from the state’'s insurance partner are eligible for a business enterprise tax credit equal to s insurance partner are eligible for a business enterprise tax credit equal to
50% of the NH PFML insurance premiums paid by the employer.50% of the NH PFML insurance premiums paid by the employer.3232 Individual employees may also purchase Individual employees may also purchase
coverage under the NH PFML plan from the statecoverage under the NH PFML plan from the state’'s insurance partner if their employer has not enrolled in the s insurance partner if their employer has not enrolled in the
plan. The NH law that established the voluntary state plans also provided that the state would purchase a similar plan. The NH law that established the voluntary state plans also provided that the state would purchase a similar
FLI plan33FLI plan³³ from the state from the state’'s insurance provider for all state employees (plan coverage for state employees took s insurance provider for all state employees (plan coverage for state employees took
effect in January 2023).effect in January 2023).34
34 In addition, Vermont In addition, Vermont plans to allowallows private sector employers to participate in the Vermont Family and Medical 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 2025.35Leave Insurance (VT-FMLI) plan provided to state employees. (In 2025, the state's insurance partner is Hartford Insurance.³⁵) The contract The contract
with Hartford Insurance concludes on June 30, 2026, with an option for a one-year extension through June 30, 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 2027. Unlike the New Hampshire program, however, private sector access to the VT-FMLI program is not
guaranteed by state law.guaranteed by state law.3636 Barring state legislative action, private sector access to the program beyond the end of 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 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 a 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.
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Figure 2commercial carrier selected to administer the VT-FMLI program.

Figure 3. State Leave Insurance Programs, Selected Benefit Information as of September 2023

March 2025 Source: CRS, based on information CRS, based on information in Table A-1 B-1 on state leave insurance laws and the New Hampshire Paid Family and Medical Leave Plan.on state leave insurance laws and the New Hampshire Paid Family and Medical Leave Plan.
Notes: This graphic summarizes program information for states that provide for a family leave insurance benefit through legislation. New Hampshire This graphic summarizes program information for states that provide for a family leave insurance benefit through legislation. New Hampshire’'s program is s program is
voluntary. voluntary. “FLI”"FLI" indicates family leave insurance, indicates family leave insurance, “MLI”"MLI" indicates medical leave insurance, and indicates medical leave insurance, and “TDI”"TDI" indicates temporary disability insurance. indicates temporary disability insurance. “Total”"Total" weeks of benefits 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 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 that total, these limits are noted in parentheses. Vermont insurance benefits (e.g., FLI, MLI) that may be counted toward that total, these limits are noted in parentheses. Vermont permits employers and plans to allow 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.employees (in 2025) to purchase the FMLI insurance plan provided to state employees, but such access is not guaranteed by state law.
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Research on Paid Family and Medical Leave
A relatively small A growing literature examines relationships between U.S. workers literature examines relationships between U.S. workers’' access to and use of access to and use of
paid family and medical leave and related labor market and social outcomes.paid family and medical leave and related labor market and social outcomes.³⁷ Much of this 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)birth and care of new children), which is a subset of the broader family caregiving category. The . 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.37
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
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.38
38 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.taking.³⁹ That is, information on leave is generally available conditional on the worker That is, information on leave is generally available conditional on the worker’'s use of s use 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
leave,such leave. Information on workplace access to leave (i.e., workers' ability to take leave if they need it) in survey data is comparatively scarce, as are details of in survey data is comparatively scarce, as are details of parental leave benefits leave benefits offered by employers (e.g., (e.g.,
duration, eligibility conditions, and wage replacement)duration, eligibility conditions, and wage replacement) offered by employers.39 .⁴⁰ For these reasons For these reasons
studies of the state leave insurance programs 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 form an important branch
of research on U.S. workers.of research on U.S. workers. The41 The main parameters of these programs are clearly established in state 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

37 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
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
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
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-
content/uploads/2019/03/030719-paid-leave-data-report-1.pdf.
38 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
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
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
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
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.
39 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
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
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
difficult is figuring whether all workers at the firm are covered.” Claudia Goldin, Sari Pekkala Kerr, and Claudia
Olivetti, Why Firms Offer Paid Parental Leave: an Exploratory Study, NBER Working Paper 26617, January 2020,
https://www.nber.org/papers/w26617.
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administrative data provide methodological advantages over studies of workers with employer-
provided leave.40
Research on Paid Parental Leave in California
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.41 Research
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
increase in leave-taking was particularly pronounced among women who are less educated,
unmarried, or nonwhite.42 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
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,
work pressures, concerns about employer retaliation).43laws. In addition, the broad coverage of these programs and, in some cases, the availability of administrative data provide methodological advantages over studies of workers with employer-provided leave.⁴² Research on Paid Parental Leave

In July 2004 California became the first state to offer leave insurance benefits for parental and caregiving needs, and it currently has the most studied state leave insurance program. California built upon its existing temporary disability insurance program, which had already provided benefits for pregnancy-related disabilities and medical recovery from childbirth. For this reason, studies of California's parental leave insurance benefits examine the impact of a program expansion, not a program launch.⁴³

Research findings indicate that greater access to leave benefits through the California program extension resulted in greater leave-taking among workers with newborn children, particularly among women.⁴⁴ There is, however, some indication of uneven take-up of the benefit, suggesting that barriers to leave-taking remain (e.g., financial constraints, work pressures, concerns about employer retaliation).⁴⁵ (Some analyses of the New Jersey, Rhode Island, and New York leave insurance programs also point to gaps in employee take-up rates and general awareness of the programs.⁴⁶) One study observes that employer One study observes that employer
characteristics appear to matter to workerscharacteristics appear to matter to workers’' use of the California leave insurance benefits, raising use of the California leave insurance benefits, raising
the possibility that workplace culture plays a role in workersthe possibility that workplace culture plays a role in workers’' leave-taking decisions. leave-taking decisions.44
47 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 parentsleave and parents’' (mothers especially) attachment to the labor market. (mothers especially) attachment to the labor market.⁴⁸ In theory, the availability 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
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

40 As noted in the “Employer-Provided Paid Family Leave” section of this report, employer-provided leave is
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
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
outcomes for workers with access to paid leave to those otherwise similar workers without access to paid leave.
41 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
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?” American Economic Review: Papers and
Proceedings, 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
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
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.
42 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,” Journal of Policy Analysis and Management,
vol. 32, no. 2 (2013), pp. 224-245.
43 Charles Baum and Christopher Ruhm, The Effects of Paid Leave in California on Labor Market Outcomes, NBER
Working Paper 19741, 2013, http://www.nber.org/papers/w19741; Ann Bartel, Maya Rossin-Slater, Christopher Ruhm,
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.
44 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
Jenna Stearns, Unequal Use of Social Insurance Benefits: The Role of Employers, NBER Working Paper no. 25163,
October 2018, http://www.nber.org/papers/w25163.
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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
parental leave and mothers’ labor force attachment, and others finding little evidence of such a
connection.45 company tenure) and employers (e.g., who avoid the costs of finding a replacement worker).

On the other hand, access to leave benefits may weaken parents' labor force attachment if the length or frequency of leave-taking spells limits their ability to advance in their careers or compete for jobs (e.g., due to skills erosion, missed opportunities, or lost networks). A threshold duration of leave beyond which employment prospects deteriorate has not been firmly established in the empirical literature on leave-taking in the United States, but research on women in European countries suggests that it may be several months to a year.⁴⁹ Some employers may also respond to the introduction or expansion of state leave insurance programs by changing their behavior in ways that can affect workers' labor market attachment.⁵⁰ More generally, some employers may be unable or unwilling to hold a worker's job until their return; so, absent federal or state laws providing for job protection, some workers may not have a job to return to at the conclusion of leave benefits.

Empirical findings for California are mixed, with some studies observing a positive relationship between paid parental leave benefits and mothers' labor force attachment, and others finding little evidence of such a connection. Most studies consider short-term impacts of the California program expansion (i.e., within the 12 months following a birth) and have observed positive impacts on labor force attachment measures for some worker groups.⁵¹ Longer-term impacts are more challenging to study due to scarce longitudinal data and the potential for many factors to affect labor outcomes over several years. Studies have employed different methods to estimate impacts and have reached various conclusions, including negative impacts on long-term employment.⁵² 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 childrentiming of children’'s immunizations, motherss immunizations, mothers’' mental health, and breastfeeding duration).⁵³ Research on Paid Family Caregiving for a Close Family Member A smaller set mental health, and breastfeeding duration).46
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.47 She notes the
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)
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
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
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
or negative) of these programs on employers, but further research on employers’ experiences is
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 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) caregiving leave more generally (i.e., to care for a seriously ill or injured family member) orand paid paid
medical leave, despite the prevalence of such leave among U.S. workers.48medical leave. In addition to data In addition to data
availability issues noted earlier in this section, the wide variety of needs encompassed by these

45 A summary of earlier studies’ findings for labor market outcomes is in Maya Rossin-Slater, “Maternity and Family
Leave Policy,” in The Oxford Handbook of Women and the Economy, ed. Susan L. Averett, Laura M. Argys, and Saul
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
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
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,
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/
w26416.
46 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.
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
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
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
Family Leave and Breastfeeding: Evidence from California, NBER Working Paper No. 25784, Issued in April 2019.
47 Rossin-Slater 2018.
48 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%
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, 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/
agencies/oasp/evaluation/fmla2018.
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Paid Family and Medical Leave in the United States

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
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.
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
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
otherwise experienced a serious health shock. They find some evidenceavailability issues noted earlier in this section, the wide variety of needs encompassed by these types of leave create methodological hurdles. For example, the impacts for workers and for their employers may differ if leave is used rarely (e.g., to recover from a one-off surgical procedure) than if claimed more regularly (e.g., for a chronic ailment). The duration of caregiving and medical needs can also vary widely (e.g., one day vs. several weeks), complicating efforts to establish generalizable findings.

That said, some studies have examined the relationships between state leave insurance benefits and labor market outcomes for workers with a close family member (e.g., a spouse) who is disabled or who experiences an adverse health shock (e.g., an ailment resulting in hospitalization). Collectively, their findings suggest that the availability of paid leave benefits may support workers' ability to maintain work hours⁵⁴ or remain employed while caring for family, and that impacts may be greater for women.⁵⁵ Program impacts may be limited if the duration of leave benefits is insufficient (e.g., severe chronic illness or extended recovery periods), or if caregivers are unaware that the state programs offer caregiving benefits.⁵⁶

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.⁵⁷ For example, some studies found that access to paid sick leave is associated with lower (involuntary) job separation rates⁵⁸ and increased employment.⁵⁹ 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 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 preventive care and absences for minor illness and injury. Paid medical leave, by definition, does not include preventive care, and tends to allow for several weeks of leave.

Research on Employer Impacts A limited number of studies examine employers' that access to paid
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
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
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
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
associated with an increase in leave taking among those likely to provide elder care.49 The study
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
not meet the needs of caregivers in those states.
Some studies examine employers’ experiences with the increased access to paid leave through the experiences with the increased access to paid leave through the
state programs. One study compares state programs. One study compares small employer outcomes in New York, following the stateemployer outcomes in New York, following the state’s
's adoption of a family leave insurance programadoption of a family leave insurance program, to those of similar employers in Pennsylvania, a 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.5060 The study focused on The study focused on
employers with 10-99 employees. employers with 10-99 employees. TheyThe research team found that in the first year of implementation, employers 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, same time, however, they found that the albeit-an earlier version of the study reported that the small share of employers who report opposition to small share of employers who report opposition to
the state program the state program has increased from 4.1% in 2016 to 9.5%increased from 4.1% in 2016 to 9.5%.51 in 2019.⁶¹ (A subsequent study by the same (A subsequent study by the same
research team found that employersresearch team found that employers’' support for state programs increased during the COVID-19 support for state programs increased during the COVID-19
pandemic).pandemic).5262 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 firmsprograms and firm-level performance (as measured by firms’' return on assets and other financial return on assets and other financial
measures).measures).5363 It found evidence of improved firm-level performance after the establishment of state programs for firms headquartered in states with leave insurance laws.⁶⁴ It found evidence of improved firm-level performance after the establishment of

49 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,
https://www.dol.gov/sites/dolgov/files/OASP/legacy/files/Paid_Leave_Leaving_it_to_the_family_Report.pdf.
50 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.
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,
https://www.nber.org/papers/w28672.
51 The authors note that opposition appears pronounced among smaller employers.
52 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, Support for Paid Family Leave among
Small Employers Increases during the COVID-19 Pandemic, NBER Working Paper 29486, December 2021,
https://www.nber.org/papers/w29486.
53 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.
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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
positions.54
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.55
For example, one study found that access to paid sick leave is associated with lower (involuntary)
job separation rates.56 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
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
preventive care and absences for minor illness and injury. Paid medical leave, by definition, does
not include preventive care, and tends to allow for several weeks of leave.
Family and Medical Leave Benefits in OECD
Countries
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 workerand social insurance benefits that replace a portion of a worker’'s lost earnings.s lost earnings.
Parental Leave Benefits
As of December 2022, the Organization As of April 2024, the Organisation 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 leave at the national level, with wide variation in the number of care for children) and maternity leave at the national level, with wide variation in the number of
weeks and rate of wage replacement across countries. This is shown inweeks and rate of wage replacement across countries. This is shown in Figure 3,4, which plots the which plots the
OECD’OECD's estimates of weeks of full-wage equivalent leave available to mothers. The benefits s estimates of weeks of full-wage equivalent leave available to mothers. The benefits
summarized in this figure summarized in this figure includesinclude employment-protected maternity leave benefits and other leave benefits provided to maternity leave benefits and other leave benefits provided to
mothers to care for childrenmothers to care for children, including mothers employed in the private sector.57.⁶⁵ Weeks of full- Weeks of full-
wage equivalent leave are calculated as the number of weeks of leave available multiplied by the 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 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 x 50% = 6 weeks).

54 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
with leave insurance programs had lower rates of employee turnover.
55 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
days per year). BLS 2021 Employee Benefits Survey, Table 33 (access) and Table 36 (median sick leave days),
September 2021, https://www.bls.gov/ncs/ebs/.
56 Heather D. Hill, “Paid Sick Leave and Job Stability,” Work and Occupations, 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.
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Paid Family and Medical Leave in the United States

Figure 3would be said to offer 6 full-wage equivalent weeks of leave (i.e., 12 weeks x 50% = 6 weeks).

Figure 4. Average Full-Wage Equivalent Weeks of Paid Leave Available to Mothers
OECD Member CountriesOECD Member Countries’' Leave Benefit Provisions as of Leave Benefit Provisions as of December 2022

April 2024 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 available to mothers includes maternity leave and other leave provided to care for children. Average full-leave provided to care for children. Average full-
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,average payment rate,”" which describes the share of previous earnings replaced over the period of paid leave which describes the share of previous earnings replaced over the period of paid leave
for for “"a person earning 100% of average national full-time earnings.a person earning 100% of average national full-time earnings.”" Leave benefits are subject to country-specific 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 (35 of 38) of OECD countries provided leave benefits to new fathers in A smaller majority (35 of 38) of OECD countries provided leave benefits to new fathers in 2022.
2024. In some cases, fathers were entitled to a week at full pay (e.g., Chile, In some cases, fathers were entitled to a week at full pay (e.g., Chile, Hungary, Mexico, and Mexico, and
Turkey [Türkiye]Türkiye⁶⁶), whereas other countries provided several weeks of full or partial pay (e.g., ), whereas other countries provided several weeks of full or partial pay (e.g.,
Spain provided 16 weeks at full pay, and the United Kingdom provided 2 weeks at an average Spain provided 16 weeks at full pay, and the United Kingdom provided 2 weeks at an average
payment rate of payment rate of 18.5%). 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 can be drawn from by both parents. 20.4%). Figure 4 5 summarizes paid leave summarizes paid leave
benefits reserved for fathers in OECD countries in benefits reserved for fathers in OECD countries in 20222024; it plots the OECD; it plots the OECD’'s estimates of weeks s estimates of weeks
of full-wage equivalent of of full-wage equivalent of combinedemployment-protected paternity leave and paternity leave and other parental leave reserved for fathers.parental leave reserved for fathers.

Figure 45. Average Full-Wage Equivalent Weeks of Paid Leave Available to Fathers
OECD Member CountriesOECD Member Countries’' Leave Benefit Provisions as of Leave Benefit Provisions as of December 2022

February 2024 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 full-wage equivalent weeks are calculated by the OECD as the product of the number of weeks of leave Average full-wage equivalent weeks are calculated by the OECD as the product of the number of weeks of leave
and and “"average payment rate,average payment rate,”" which describes the share of previous earnings replaced over the period of paid which describes the share of previous earnings replaced over the period of paid
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leave for “leave for "a person earning 100% of average national full-time earnings.a person earning 100% of average national full-time earnings.”" Leave benefits are subject to country- 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 countries. (See summary information for 2020 inin Table BC-1.5867) 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 ageparents may access paid leave to care for a child below a certain age (e.g., Estonia), and; in others 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.59
68 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 others employees receive partial wage replacement (e.g., in Canada employees on caregiving leave receive 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.60
69 Medical Leave Benefits
Table BC-2 provides summary information on OECD country medical leave benefitsprovides summary information on OECD country medical leave benefits. as of 2021.⁷⁰ Most 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).61
71 Recent Federal PFML Legislation and Proposals
The overarching goal of PFML legislative activity recent years has been to increase access to The overarching goal of PFML legislative activity recent years has been to increase access to
family and medical leave by reducing the costs incurred by employers and workers associated family and medical leave by reducing the costs incurred by employers and workers associated
with providing or taking leave.with providing or taking leave.6272 In the In the 117th119^th Congress, for example, the Freedom for Families Act (H.R. 74) proposes to amend the Internal Revenue Code of 1986 to allow for tax-advantaged distributions from health savings accounts during periods of family or medical leave; such a policy may help workers cover expenses (including lost wages) while on leave. The Expanding Small Employer Pooling Options for Paid Family Leave Act of 2021 (H.R. 5161, 117^th Congress) would have allowed Congress, for example, the Expanding Small
Employer Pooling Options for Paid Family Leave Act of 2021 (H.R. 5161) would have allowed

58 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,
like the United States, that provide an entitlement to eligible employees to unpaid leave are not included. See OECD
Family Database, Indicator PF2.3 Additional Leave Entitlements of Working Parents, Table PF2.3.B, updated June 12,
2020; available from http://www.oecd.org/els/soc/PF2_3_Additional_leave_entitlements_of_working_parents.pdf.
59 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
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 (Wet modernisering regelingen
voor verlof en arbeidstijden), which took effect on January 1, 2015.
60 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%20Report%20-%20Parental%20Leave%20OECD%20Country%20Approaches_0.pdf.
61 Information on how this is done in some OECD countries is in Table 4 of Amy Raub, Paul Chung, and Priya Batra,
et al., Paid Leave for Personal Illness: A Detailed Look at Approaches in OECD Countries, World Policy Analysis
Center, 2018, https://www.worldpolicycenter.org/sites/default/files/WORLD%20Report%20-
%20Personal%20Medical%20Leave%20OECD%20Country%20Approaches_0.pdf.
62 This section provides examples of proposed legislation, introduced as of September 2023, to illustrate the types of
approaches considered in the current Congress.
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multiple employer welfare arrangements, as covered by the Employee Retirement Income multiple employer welfare arrangements, as covered by the Employee Retirement Income
Security Act (ERISA; P.L. 93-406), to include family and medical leave benefits.Security Act (ERISA; P.L. 93-406), to include family and medical leave benefits.6373 Such a change Such a change
may have potentially created additional opportunities for certain employers to pool risk and affect may have potentially created additional opportunities for certain employers to pool risk and affect
the costs of providing such benefits.the costs of providing such benefits.
Other bills introduced in recent Congresses have aimed to make leave more accessible to workers Other bills introduced in recent Congresses have aimed to make leave more accessible to workers
by providing a cash benefit to workers on leave. The Family and Medical Insurance Leave Act by providing a cash benefit to workers on leave. The Family and Medical Insurance Leave Act
(FAMILY Act; H.R. 3481(FAMILY Act; H.R. 3481//S. 1714S. 1714, 118^th, 118th Congress) Congress) proposesproposed to establish a national family and to establish a national family and
medical leave insurance program that would provide cash benefits to eligible individuals who are medical leave insurance program that would provide cash benefits to eligible individuals who are
engaged in certain caregiving activities (including self-care for the individualengaged in certain caregiving activities (including self-care for the individual’'s own serious s own serious
medical needs and needs related to domestic violence, sexual assault, or stalking).medical needs and needs related to domestic violence, sexual assault, or stalking).6474 The Build The Build
Back Better Act (BBBA, H.R. 5376Back Better Act (BBBA, H.R. 5376, 117^th, 117th Congress) proposed, among other things, a new federal Congress) proposed, among other things, a new federal
cash benefit for eligible individuals engaged in certain types of family caregiving (including self-cash benefit for eligible individuals engaged in certain types of family caregiving (including self-
care for serious medical conditions); the cash benefit was not included in the enacted version of care for serious medical conditions); the cash benefit was not included in the enacted version of
the bill (P.L. 117-169the bill (P.L. 117-169, 117^th, 117th Congress). Congress).6575 The New Parents Act of 2023 (S. 35 The New Parents Act of 2023 (S. 35, 118^th, 118th Congress) Congress)
proposesproposed to allow eligible new parents to temporarily access (borrow) up to three months of to allow eligible new parents to temporarily access (borrow) up to three months of
Social Security benefits before the current-law retirement benefit eligibility age. In return, eligible 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 Security 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 benefits by an 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 by the amount determined by the Social Security Administration. Cash benefits proposed by the
FAMILY Act and temporary access to Social Security benefits proposed by the New Parents Act 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 could potentially make the use of unpaid leave (e.g., as provided by FMLA or voluntarily by
employers) affordable for some workers.

63 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,
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.
64 The FAMILY Act would also require employers to reinstate an employee to the position held by the employee prior
to claiming benefits (i.e., while absent from work), with the exception of certain new hires; provide for the continuation
of group health insurance coverage during benefit claim periods; and prohibit employer retaliation against claimants.
65 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.
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Appendix A. employers) affordable for some workers. Appendix A. Employer-Provided Paid Family Leave and Short-Term Disability Insurance Table A-1. Private Sector Workers with Access to Employer-Provided Paid Family Leave (2023) and Employer-Provided Short-Term Disability Insurance (2024)

Category

Employer-Provided Paid Family Leave in March 2023(% of workers) Employer-Supported Short-Term Disability Insurance in March 2024 (% of workers)

All Workers

27%

45%

By Occupation

Service

14%

26%

Production, transportation, and material moving

20%

49%

Natural resources, construction, and maintenance

18%

41%

Sales and office

29%

40%

Management, professional, and related

42%

61%

By Industry

Leisure and Hospitality

8%

22%

Construction

16%

29%

Other Services (except Public Administration)

19%

34%

Trade, Transportation, and Utilities

24%

44%

Manufacturing

30%

64%

Education and Health Services

32%

43%

Professional and Business Services

32%

48%

Financial Activities

47%

68%

Information

55%

82%

By Average Occupational-Wage Distribution

Bottom 25%

13%

24%

Second 25%

26%

41%

Third 25%

29%

54%

Top 25%

44%

68%

By Hours of Work Status

Part-time

14%

22%

Full-time

31%

53%

By Establishment Size

1 to 99 employees

20%

30%

100 to 499 employees

32%

55%

500 or more employees

41%

69%

Source: Bureau of Labor Statistics (BLS), 2024 Employee Benefits Survey, September 2024.

Notes: 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 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-term disability plans as those that "provide benefits for non-work-related illnesses 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 flat dollar 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 full or partial payment toward 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 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 medical needs.

Appendix B. State Leave Insurance Programs, Selected Provisions as of March 2025 Table BState Leave Insurance Programs, Selected Provisions as of
September 2023
Table A-1. State Family and Medical Leave Insurance Program Provisions, as of September 2023
Earnings and
State
March 2025

State Program

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
period)^a Benefit Formula and Maximum Weekly Benefit^b Earnings and Employment Requirements^c

Financing

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
The worker must have
Payroll tax on
(FLI) may be claimed for
weekly wage (AWW) less than
earned $300 in wages
employees.
•
one-third of the state AWW,
in California that were

(FLI) may be claimed forthe care of a new child by birth, adoption, or foster care,the care of a new child by birth, adoption, or foster care,
FLI and TDI benefits are 70% of
subject to the state
•
a serious health condition of a qualifying family member, anda serious health condition of a qualifying family member, and
the worker’s AWW. In general,
TDI/FLI payroll tax
•
certain needs related to the military deployment of a
when a worker’s AWW are
over the worker’s base
qualifying family member.
one-third of the state AWW or
period.e

certain needs related to the military deployment of a qualifying family member.

Up to 52 weeks of temporary disability insurance (TDI) benefits Up to 52 weeks of temporary disability insurance (TDI) benefits
more, benefits are calculated as

may be claimed for the employeemay be claimed for the employee’'s own temporary disability.s own temporary disability.
60% of the worker’s AWW, up
to a maximum amount $1,620

per week in 2023).d
Colorado
12 weeks total, which may be claimed for the following family and Workers receive 90% of the
The worker must have
Payroll tax on
(benefits
medical leave events:
portion of their AWW that is
earned at least $2,500
employers and
payable January •
50% or less of the state AWW,
in wages that were
employees.

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

a serious health condition of a qualifying family member;
portion of their AWW that is
family and medical leave fewer employees are
•
certain needs related to the military deployment of a
above 50% of the state AWW,
insurance payroll tax
exempt from the
qualifying family member;
up to a maximum amount
over the worker’s base
employer portion of
•
($1,100 in 2024). In each year
period.e

For workers with an average weekly wage (AWW) during the highest paid quarter in their base period that is less than or equal to 70% of the state AWW, FLI and TDI benefits are 90% of the worker's AWW. For workers with an AWW that is greater than 70% of the state AWW, benefits are the greater of 63% of the state AWW or 70% of the worker's AWW, up to a maximum amount ($1,681 per week in 2025). ^d The worker must have earned $300 in wages in California that were subject to the state TDI/FLI payroll tax over the worker's base period.^e

Payroll contributions from employees.

Colorado

12 weeks total, which may be claimed for the following family and medical leave events:

the care of a new child by birth, adoption, or foster care;

a serious health condition of a qualifying family member;

certain needs related to the military deployment of a qualifying family member;

needs related to the stalking of the employee or a qualifying needs related to the stalking of the employee or a qualifying
payroll tax
family member, or because the employee or a qualifying family member, or because the employee or a qualifying
after 2024, the maximum

contributions.
family member was the victim of sexual assault or abuse, or family member was the victim of sexual assault or abuse, or
weekly benefit is 90% of the
domestic violence; anddomestic violence; and
state AWW.
•
the employeethe employee’'s own serious health condition.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.
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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
Connecticutf
12 weeks total, which may be claimed for the following family and Workers receive 95% of the
Benefit recipients must
Payroll tax on

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

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

the care of a qualifying military family member with a serious
employed (i.e.,
illness or injury;
threshold, up to a maximum
employed in the last 12
amount. The maximum weekly
•
weeks).

Workers receive 90% of the portion of their AWW that is 50% or less of the state AWW, and they receive 50% of the portion of their AWW that is above 50% of the state AWW, up to a maximum amount ($1,324.21 per week in 2025).

The worker must have earned at least $2,500 in wages that were subject to the paid family and medical leave insurance payroll tax over the worker's base period.^e

Payroll contributions from employers and employees.

Employers with nine or fewer employees are exempt from the employer portion of payroll contributions.

Connecticut^f

12 weeks total, which may be claimed for the following family and medical leave events:

the care of a new child by birth, adoption, or foster care;

a serious health condition of a qualifying family member;

certain needs related to the military deployment of a qualifying family member;

the care of a qualifying military family member with a serious illness or injury;

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
employee or a qualifying family member);employee or a qualifying family member);
minimum wage. ($900 weekly as
•
to serve as an organ or bone marrow donor; andto serve as an organ or bone marrow donor; and
of June 1, 2023.)
•
an employeean employee’'s own serious health condition.s own serious health condition.

2 additional weeks of benefits may be claimed for a serious health 2 additional weeks of benefits may be claimed for a serious health
condition if an employeecondition if an employee’'s pregnancy results in incapacitation, s pregnancy results in incapacitation,
bringing total benefits to 14 weeks in such cases.bringing total benefits to 14 weeks in such cases.
Delaware
In general, 12 weeks total of family and medical leave benefits
Workers receive 80% of their
Workers must be
Payroll tax on covered
(benefits
may be claimed in a benefit year.
AWW, up to a maximum
employed by their
employers, who may
payable in
In general, 12 weeks of benefits may be claimed in a benefit year
amount ($900 per week in 2026 current employer for
opt to share costs (up
January 2026)
for the care of a new child by birth, adoption, or foster care;
and 2027).h
12 months and have
to 50%) with covered
Workers receive 95% of the portion of their AWW that is less than or equal to the earnings from a 40 hour workweek compensated at the CT minimum hourly wage^g plus 60% of the portion of their AWW that is above this threshold, up to a maximum amount. The maximum weekly benefit is set at 60 times the CT minimum wage. ($981 per week in 2025.) Benefit recipients must have earnings of at least $2,325 in the highest earning quarter within the base period.^e

They must also be currently or recently employed (i.e., employed in the last 12 weeks).

Payroll contributions from employees.

Delaware (benefits payable in January 2026)

In general, 12 weeks total of family and medical leave benefits may be claimed in a benefit year.

In general, 12 weeks of benefits may be claimed in a benefit year for the care of a new child by birth, adoption, or foster care; however, covered employers with fewer than 25 employees may however, covered employers with fewer than 25 employees may
worked for the current
employees.
elect to limit parental leave benefits to 6-12 weeks in a benefit
employer for at least
Employees and
year from January 2026 through December 2030.
1,250 hours in the 12-
employers may opt out
months preceding
Up to 6 weeks of benefits may be claimed in a 24-month period
of contributions if the
leave.i
for the following family and medical leave events:
employee is not
Except for parental
expected to meet
•
a serious health condition of a qualifying family member,
leave benefits, a worker eligibility conditions.
•
elect to limit parental leave benefits to 6-12 weeks in a benefit year from January 2026 through December 2030.

Up to 6 weeks of benefits may be claimed in a 24-month period for the following family and medical leave events:

a serious health condition of a qualifying family member,

certain needs related to the military deployment of a certain needs related to the military deployment of a
is eligible for benefits
qualifying family member, andqualifying family member, and
not more than once in
•
a 24-month period.j

an employeean employee’'s own serious health condition.s own serious health condition.

CRS-21

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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
Through September 2023 (and due to a surplus in the DC
Benefits are 90% of the portion
The worker must have
Payroll tax on covered
Columbia
Universal Paid Leave Fund),k 12 weeks total, which may be
of a worker’s AWW that is
worked for at least one employers.

claimed for the following family and medical leave events: l
150% or less of 40 hours
week in the 52 calendar
•
compensated at the DC
weeks preceding the

the care of a new child by birth, adoption, or foster care;
minimum wage (i.e., “150% of
qualifying event for
•
a serious health condition of a qualifying family member; and
the DC minimum weekly
leave for a covered
•
the employee’s own serious health condition.
wage”), plus 50% of average
DC-based employer,
In addition, 2 weeks may be claimed for prenatal care (i.e.,
earnings above 150% of the DC
and at least 50% of that
potentially increasing the entitlement to 14 total weeks of
minimum weekly wage, up to a
work must occur in
benefits for some workers), as long as the duration of benefits
maximum weekly amount
DC for such a DC-
claimed for prenatal care, and for the employee’s own serious
($1,049 Workers receive 80% of their AWW, up to a maximum amount ($900 per week in 2026 and 2027).^h Workers must be employed by their current employer for 12 months and have worked for the current employer for at least 1,250 hours in the 12-months preceding leave.ⁱ Except for parental leave benefits, a worker is eligible for benefits not more than once in a 24-month period.^j

Payroll contributions from covered employers, who may opt to share costs (up to 50%) with covered employees.

Employees and employers may opt out of contributions if the employee is not expected to meet eligibility conditions.

District of Columbia

12 weeks total, which may be claimed for the following family and medical leave events:

• the care of a new child by birth, adoption, or foster care;
• a serious health condition of a qualifying family member; and
• 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.

Benefits are 90% of the portion of a worker's AWW that is 150% or less of 40 hours compensated at the DC minimum wage (i.e., "150% of the DC minimum weekly wage"), plus 50% of average earnings above 150% of the DC minimum weekly wage, up to a maximum weekly amount ($1,153 per week through September 2025 per week through
based employer.
health condition do not exceed 12 weeks.
September 2023; the maximum ; the maximum
benefit will be adjusted on benefit will be adjusted on
October 1, October 1, 2023).
Maine
12 weeks total,m which may be claimed for the following family
Workers receive 90% of the
The worker must have
Payroll tax on
(benefits
and medical leave events:
portion of their AWW that is
earned at least six
employees and on
payable May
•
less than or equal to 50% of the
times the state AWW
employers with 15 or

2025).

The worker must have worked "some or all" of the 52 calendar weeks preceding the qualifying event for leave for a covered DC-based employer, and at least 50% of that work must occur in DC for such a DC-based employer.

Payroll contributions from covered employers.

Maine (benefits payable May 2026) 12 weeks total,^k which may be claimed for the following family and medical leave events:the care of a new child by birth, adoption, or foster care;the care of a new child by birth, adoption, or foster care;
2026)
state AWW plus 66% of the
during their base
more employees.
•


a serious health condition of a qualifying family member;
portion of their AWW that is
period.
•
certain needs related to the military deployment of a
above 50% of the state AWW,
qualifying family member;
up to a maximum amount. The
•
maximum weekly benefit is set

a serious health condition of a qualifying family member;

certain needs related to the military deployment of a qualifying family member;

the care of a qualifying military family member with a serious the care of a qualifying military family member with a serious
illness or injury;illness or injury;
at the state AWW.
•

the death, while on active duty, of a qualifying military family member;

needs related to the stalking of the employee or a qualifying needs related to the stalking of the employee or a qualifying
family member, or because the employee or a qualifying family member, or because the employee or a qualifying
family member is a victim of violence, assault, or sexual family member is a victim of violence, assault, or sexual
assault;assault;
•
to serve as an organ donor; andto serve as an organ donor; and
•
an employeean employee’'s own serious health condition.s own serious health condition.
CRS-22

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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
Maryland
12 weeks total, which may be claimed for the following family and Workers receive 90% of the
The worker must have
Payroll tax on
(benefits
medical leave events:
portion of their AWW that is
worked 680 hours or
employees and on
payable in
•
65% or less of the state AWW;
more in the 12-month
employers with 15 or

the care of a new child by birth, adoption, or foster care;
January 2026)
they receive 50% of the portion
period immediately
more employees.
•
a serious health condition of a qualifying family member;
of their AWW that is above
preceding the first day
•
certain needs related to the military deployment of a
65% of the state AWW, up to a
of benefits.
qualifying family member;
maximum amount ($1,000 per
•
week in 2026).n

the care of a military family member, who is the claimant’s

Workers receive 90% of the portion of their AWW that is less than or equal to 50% of the state AWW plus 66% of the portion of their AWW that is above 50% of the state AWW, up to a maximum amount. The maximum weekly benefit is set at the state AWW.

The worker must have earned at least six times the state AWW during their base period.

Payroll contributions from employees and on employers with 15 or more employees.

Maryland (benefits payable in July 2026)^l

12 weeks total, which may be claimed for the following family and medical leave events:

the care of a new child by birth, adoption, foster care, or kinship care;

a serious health condition of a qualifying family member;

certain needs related to the military deployment of a qualifying family member;

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; andmilitary service; and
•
an employeean employee’'s own serious health condition.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.
Massachusetts
25 weeks total,p of which up to 12 weeks of FLI benefits may be
Workers receive 80% of the
The worker meets the
FLI is financed through

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

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

a serious health condition of a qualifying family member; and of their AWW that is above
unemployment
a payroll tax on
•
certain needs related to the military deployment of a
50% of the state AWW, up to a
insurance (i.e., in 2023,
employers and
qualifying family member.
maximum amount ($1,129.82
the worker would have
employees. Employers
Up to 25 weeks of FLI benefits may be claimed for the care of a
per week in 2023).
had to have earned at
with fewer than 25
military family member with a serious illness or injury.
least $6,000 in the last
employees are exempt
4 completed calendar
Workers receive 90% of the portion of their AWW that is 65% or less of the state AWW; they receive 50% of the portion of their AWW that is above 65% of the state AWW, up to a maximum amount ($1,000 per week in 2026).^m

The worker must have worked 680 hours or more in the 12-month period immediately preceding the first day of benefits.

Payroll contributions from employees and on employers with 15 or more employees.

Massachusetts

25 weeks total,ⁿ of which up to 12 weeks of FLI benefits may be claimed for

• the care of a new child by birth, adoption, or foster care;
• a serious health condition of a qualifying family member; and
• certain needs related to the military deployment of a qualifying family member.

Up to 25 weeks of FLI benefits may be claimed for the care of a military family member with a serious illness or injury.

Up to 20 weeks of medical leave insurance (MLI) may be claimed for the employee'Up to 20 weeks of medical leave insurance (MLI) may be claimed
from the employer
quarters).
for the employee’s own serious health condition.
portion of the MLI
payroll tax
contributions.
CRS-23

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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
Minnesota
20 weeks total, of which up to 12 weeks may be claimed for the
Workers receive the sum of
Employees are eligible
Payroll tax on
(benefits
following FLI events:
•
for family-leave
employers and

90% of the portion of their
payable January •
insurance benefits
employees.

the care of a new child by birth, adoption, or foster care;
AWW that is less than or
1, 2026)
when they have earned
•
equal to 50% of the state
The amount of taxable

a serious health condition of a qualifying family member;
AWW,
at least 5.3% of the
wages (to which the
•
certain needs related to the military deployment of a
state's average annual
employer’s portion of
qualifying family member;
•
66% of the portion of their
wage, rounded down to
AWW that is above 50% of
the payroll tax are
•
the nearest $100, in

the care of a qualifying military family member with a serious
the state AWW and below
applied) are reduced
illness or injury; and
their base period.
100% of the state AWW,
for employers with
•
Seasonal employees—
fewer than 30

needs related to the stalking of the employee or a qualifying
and
family member, or because the employee or a qualifying
defined by the duration
employees.
•
55% of the portion of their
family member was a victim of sexual assault or domestic
of employment in a 52-
AWW that exceeds 100%

abuse;
week period and the
of the state AWW,
nature of their

Up to 12 weeks of MLI benefits can be claimed for an employee’s
up to a maximum amount. The
employer’s business
own serious health condition.
maximum weekly benefit is set
receipts—are not
at the state AWW.q
eligible for benefits.
New Jersey
38-52 weeks total,r of which up to 12 weeks (or 56 intermittent
Workers receive 85% of their
The worker meets the
FLI is financed through
days) may be claimed for the FLI events:
AWW, up to a maximum
financial eligibility
a payroll tax on
•
amount equal to 70% of the
requirements for
employees.

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

a serious health conditions of a qualifying family member, and week in 2023).
insurance. In 2023,
a payroll tax on
•
needs related to the domestic or sexual violence
these are 20 or more
employers and
victimization of the employee or a qualifying family member.
calendar weeks with
employees.
s own serious health condition.

Workers receive 80% of the portion of their AWW that is 50% or less of the state AWW; they receive 50% of the portion of their AWW that is above 50% of the state AWW, up to a maximum amount ($1,170.64 per week in 2025).

The worker meets the financial eligibility requirements for receiving unemployment insurance (i.e., in 2025, the worker would have had to have earned at least $6,300 in the last four completed calendar quarters).

FLI is financed through payroll contributions from employees.

MLI is financed through payroll contributions from employers and employees. Employers with fewer than 25 employees are exempt from the employer portion of the MLI contributions.

Minnesota (benefits payable January 1, 2026)

20 weeks total, of which up to 12 weeks may be claimed for the following FLI events:

• the care of a new child by birth, adoption, or foster care;
• a serious health condition of a qualifying family member;
• certain needs related to the military deployment of a qualifying family member;
• the care of a qualifying military family member with a serious illness or injury; and
• needs related to the stalking of the employee or a qualifying family member, or because the employee or a qualifying family member was a victim of sexual assault or domestic abuse;

Up to 12 weeks of MLI benefits can be claimed for an employee's own serious health condition.

Workers receive the sum of

• 90% of the portion of their AWW that is less than or equal to 50% of the state AWW,
• 66% of the portion of their AWW that is above 50% of the state AWW and below 100% of the state AWW, and
• 55% of the portion of their AWW that exceeds 100% of the state AWW,

up to a maximum amount. The maximum weekly benefit is set at the state AWW.^o

Employees are eligible for family-leave insurance benefits when they have earned at least 5.3% of the state's average annual wage, rounded down to the nearest $100, in their base period.

Seasonal employees—defined by the duration of employment in a 52-week period and the nature of their employer's business receipts—are not eligible for benefits.

Payroll contributions from employers and employees.

Employers are eligible for a lower contribution rate if they (1) employ 30 or fewer employees and (2) pay wages that are, on average, less than or equal to 150% of the state AWW.

New Jersey

38 weeks total,^p of which up to 12 weeks (or 56 intermittent days) may be claimed for the FLI events:

the care of a new child by birth, adoption, or foster care,

a serious health condition^q of a qualifying family member, and

needs related to the domestic or sexual violence victimization of the employee or a qualifying family member.

Up to 26 weeks of TDI benefits may be claimed for an employee'Up to 26 weeks of TDI benefits may be claimed for an
earnings of $260 in
employee’s own temporary disability, for a single period of s own temporary disability, for a single period of
each week in the base
disability.
period, or at least
$13,000 in earnings
during the base period.e
CRS-24

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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 Yorkt
disability.

Workers receive 85% of their AWW, up to a maximum amount equal to 70% of the statewide AWW ($1,081 per week in 2025).

The worker meets the financial eligibility requirements for unemployment insurance. In 2025, these are 20 or more calendar weeks with earnings of $303 in each week in the base period, or at least $15,200 in earnings during the base period.^e

FLI is financed through payroll contributions from employees.

TDI is financed through payroll contributions from employers and employees.

New York^r

26 weeks total, of which up to 12 weeks of FLI benefits may be claimed for

• the care of a new child by birth, adoption, or foster care;
• a serious health condition of a qualifying family member; and
• certain needs related to the military deployment of a qualifying family member.

Up to 26 weeks of TDI benefits may be claimed for an employee's own temporary disability.

Until July 31, 2025, TDI or FLI benefits may be claimed in some cases for the employee's or the employee's child's mandatory or precautionary order of quarantine or isolation due to COVID-19.^s

For FLI benefits, 67% of the employee's AWW, up to a maximum amount ($1,177.32 per week in 2025).

For TDI benefits, 50% of the employee's AWW, up to a maximum amount ($170 per week in 2025).

A separate formula is used to calculate COVID-19-related FLI and TDI benefits.^t

For FLI benefits, workers must have full-time employment (20 or more hours per week) for 26 consecutive weeks or 175 days (which need not be consecutive) of part-time employment.

For TDI benefits, workers must have worked for a covered employer for at least 4 consecutive weeks.

FLI is financed through payroll contributions from employees.

TDI is financed through payroll contributions from employees and contributions by employers. Employers finance all insurance policy costs beyond what they are permitted by law to collect from employees.

Oregon

12 weeks total, which may be claimed for the following family and medical leave events:

• the care of a new child by birth, adoption, or foster care;
• a serious health condition of a qualifying family member;
• needs related to the domestic or sexual violence victimization of the employee or a qualifying family member; and
• the employee's own serious health condition.

26 weeks total, of which up to 12 weeks of FLI benefits may be
For FLI benefits, 67% of the
For FLI benefits,
FLI is financed through

claimed for
employee’s AWW, up to a
workers must have full-
a payroll tax on
•
maximum amount ($1,131.08
time employment (20
employees.

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

a serious health condition of a qualifying family member; and
For TDI benefits, 50% of the
week) for 26
a payroll tax on
•
certain needs related to the military deployment of a
employee’s AWW, up to a
consecutive weeks or
employees and
qualifying family member.
maximum amount ($170 per
175 days (which need
contributions by
Up to 26 weeks of TDI benefits may be claimed for an
week in 2023).
not be consecutive) of
employers. Employers
employee’s own temporary disability.
part-time employment.
A separate formula is used to
finance all insurance
In some cases, TDI or FLI benefits may be claimed for the
calculate COVID-19-related FLI
For TDI benefits,
policy costs beyond
employee’s or the employee’s child’s mandatory or precautionary and TDI benefits.v
workers must have
what they are
order of quarantine or isolation due to COVID-19.u
worked for a covered
permitted by law to
employer for at least 4
collect from
consecutive weeks.
employees.
Oregon
12 weeks total, which may be claimed for the following family and Starting in September 2023,
$1,000 in earnings
Payroll tax on

medical leave events:
workers receive 100% of the
during the base period.e employers and
•
portion of their AWW that is
employees.

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

a serious health condition of a qualifying family member;
they receive 50% of the portion
than 25 employees are
•
needs related to the domestic or sexual violence
of their AWW that is above
not required to
victimization of the employee or a qualifying family member;
65% of the state AWW, up to a
contribute, but may do
and
maximum weekly amount
so voluntarily and by
•
($1,523.63 in September 2023).

the employee’s own serious health condition.
doing so may qualify for
2 additional weeks of benefits may be claimed for certain medical
state assistance.
2 additional weeks of benefits may be claimed for certain medical conditions related to pregnancy, childbirth, and recovery conditions related to pregnancy, childbirth, and recovery
(including lactation), bringing total benefits to 14 weeks in such (including lactation), bringing total benefits to 14 weeks in such
cases.cases.
CRS-25

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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

Workers receive 100% of the portion of their AWW that is 65% or less of the state AWW; they receive 50% of the portion of their AWW that is above 65% of the state AWW, up to a maximum weekly amount ($1,568.60 through June 2025).

$1,000 in earnings during the base period.^e

Payroll contributions from employers and employees.

Employers with fewer than 25 employees are not required to contribute, but may do so voluntarily and by doing so may qualify for state assistance.

Rhode Island

30 weeks total, of which up to 7 weeks may be claimed for the following FLI events:

• the care of a new child by birth, adoption, or foster care; and
• a serious health condition of a qualifying family member,

Up to 30 weeks of TDI benefits may be claimed for the employee's own temporary disability.

4.62% of wages received in the highest quarter of the worker's base period (i.e., approximately 60% of weekly earnings), up to a maximum weekly amount ($1,070 per week in 2025).

The worker must have earned wages in Rhode Island, paid into the insurance fund, and for claims filed in 2025, received at least $18,000 in the base period;^e weeks may be claimed for the
4.62% of wages received in the
The worker must have
Payroll tax on
following FLI events:
highest quarter of the worker’s
earned wages in Rhode
employees.
•
base period (i.e., approximately
Island, paid into the

the care of a new child by birth, adoption, or foster care;
and
60% of weekly earnings), up to a insurance fund, and for
maximum weekly amount
claims filed in 2023,
•
a serious health condition of a qualifying family member,
($1,007 per week in 2023).
received at least
Up to 30 weeks of TDI benefits may be claimed for the
$15,600 in the base
employee’s own temporary disability.
period;e a separate set

a separate set of criteria may be of criteria may be
applied to persons applied to persons
earning less than
$15,600.
Washington
16 weeks total, of which up to 12 weeks of FLI benefits may be
Workers whose AWW is 50%
The worker must have
FLI is financed through

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

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

a serious health condition of a qualifying family member;
approximately 20% of the state

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

employees. Employers
•
amount ($1,427earning less than $18,000.

Payroll contributions from employees.

Washington

16 weeks total, of which up to 12 weeks of FLI benefits may be claimed for

the care of a new child by birth, adoption, or foster care;

a serious health condition of a qualifying family member;

certain needs related to the military deployment of a qualifying family member; and

the death of a qualifying family member (child)^u (benefits limited to 7 days).

Up to 12 weeks of MLI benefits may be claimed for an employee's own serious health condition.

2 additional weeks of MLI benefits may be claimed if an employee's pregnancy results in incapacitation, bringing total benefits to 18 weeks in such cases.

Workers whose AWW is 50% or less than the state AWW receive 90% of their AWW. Otherwise, workers receive approximately 20% of the state average weekly rate plus 50% of their AWW, up to a maximum amount ($1,542 per week in 2025).

The worker must have worked 820 hours or more in the qualifying period.^e

FLI is financed through payroll contributions from employees.

MLI is financed through payroll contributions from employers and employees. Employers with fewer than 50 employees are not required to contribute, per week in


the death of a qualifying family member (child)w (benefits
with fewer than 50
limited to 7 days).
2023).
employees are not
Up to 12 weeks of MLI benefits may be claimed for an

required to contribute,
employee’s own serious health condition.
but may do so but may do so
voluntarily and by doing
2 additional weeks of MLI benefits may be claimed if an
so may qualify for state
employee’s pregnancy results in incapacitation, bringing total
assistance.
benefits to 18 weeks in such cases.
voluntarily and by doing so may qualify for state assistance. Source: CRS, based on the following sources: CRS, based on the following 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: Delaware Code, Title 19, Chapter 37. Family and Medical Leave Insurance : Delaware Code, Title 19, Chapter 37. Family and Medical Leave Insurance
Program, https://delcode.delaware.gov/title19/c037/index.html. 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/. Maine: Maine 2023 Public Law Chapter 412, Part AAA, and program information from https://www.maine.gov/labor/pfml/. Maine 2023 Public Law Chapter 412, Part AAA, and program information from https://www.maine.gov/labor/pfml/. Maryland: Md. : Md.
Code Ann. §§8.3-101 to 8.3-1001.Code Ann. §§8.3-101 to 8.3-1001. Massachusetts: MGL c. 175M and program information from https://www.mass.gov/orgs/department-of-family-and-medical-leave. MGL c. 175M and program information from https://www.mass.gov/orgs/department-of-family-and-medical-leave.
Minnesota: Minnesota Session LawsMinnesota Session Laws - —2023, Regular Session, Chapter 59. House File No. 2, and program information from https://paidleave.mn.gov/. 2023, Regular Session, Chapter 59. House File No. 2, and program information from https://paidleave.mn.gov/. New Jersey: N.J. Stat. N.J. Stat.
Ann. §43:21-25 and program information from https://myleavebenefits.nj.gov/. Ann. §43:21-25 and program information from https://myleavebenefits.nj.gov/. New York: New York Workers New York Workers’' Compensation Law §§200-242 and program information Compensation Law §§200-242 and program information
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from http://www.wcb.ny.gov/content/main/DisabilityBenefits/employer-disability-benefits.jsp and https://paidfamilyleave.ny.gov/. from 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 and
program information from https://www.oregon.gov/employ/PFMLI/Pages/default.aspx. program information from https://www.oregon.gov/employ/PFMLI/Pages/default.aspx. Rhode Island: Rhode Island General Laws §§28-39-1 to 28-41-42 and program Rhode Island General Laws §§28-39-1 to 28-41-42 and program
information from https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance. information from https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance. Washington: Rev. Code Washington, Chapter 50A.05 and program information Rev. Code Washington, Chapter 50A.05 and program information
from https://paidleave.wa.gov/from 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. 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 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. b. In general, individuals cannot claim TDI or medical leave insurance benefits and family leave insurance benefits for the same week.In general, individuals cannot claim TDI or medical leave insurance benefits and family leave insurance benefits for the same week.
c. c. In general, workers must meet earnings and employment requirements while employed by a In general, workers must meet earnings and employment requirements while employed by a “"covered employercovered employer”" or while in or while in “"covered employment.covered employment.”" Rules vary Rules vary
from state to state, but these terms generally capture employment and earnings for which state TDI/FMLI program contributions were collected.from state to state, but these terms generally capture employment and earnings for which state TDI/FMLI program contributions were collected.
d. Starting January 1, 2025, a d. A worker whose AWW in the calendar quarter in the worker worker whose AWW in the calendar quarter in the worker’'s base period in which earnings are the highest (i.e., high-quarter AWW) is s base period in which earnings are the highest (i.e., high-quarter AWW) is
less than or equal to 70% of the state AWW will receive a weekly benefit equal to 90% of the workerless than or equal to 70% of the state AWW will receive a weekly benefit equal to 90% of the worker’'s high-quarter AWW. A worker whose high-quarter AWW is s high-quarter AWW. A worker whose high-quarter AWW is
greater than 70% of the state AWW will receive a weekly benefit equal to the greater of (1) 70% of the workergreater than 70% of the state AWW will receive a weekly benefit equal to the greater of (1) 70% of the worker’'s high-quarter AWW or (2) 63% of the state s high-quarter AWW or (2) 63% of the state
AWW. In all cases, benefits are subject to a maximum weekly benefit amount. California Legislature, Senate Bill No. 951, as chaptered by California Secretary of AWW. In all cases, benefits are subject to a maximum weekly benefit amount. California Legislature, Senate Bill No. 951, as chaptered by California Secretary of
State. Chapter 878, Statutes of 2022.State. Chapter 878, Statutes of 2022.
e. e. For California, Colorado, Connecticut, New Jersey, Oregon, and Rhode Island the For California, Colorado, Connecticut, New Jersey, Oregon, and Rhode Island the “"base periodbase period”" or or “"qualifying periodqualifying period”" is typically the first four of the last five 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. In Maine, the base period is the four calendar quarters immediately preceding the quarters or the last four completed quarters that precede the insurance claim. In Maine, the base period is the four calendar quarters immediately preceding the
first day of a benefit year (i.e., the 12-month period beginning on the first day of the calendar week immediately preceding the date on which leave benefits first day of a benefit year (i.e., the 12-month period beginning on the first day of the calendar week immediately preceding the date on which leave benefits
commence). In general, the base period in Minnesota is the most recent four completed calendar quarters before the effective date of an individualcommence). In general, the base period in Minnesota is the most recent four completed calendar quarters before the effective date of an individual’'s application for s application for
leave benefits if the application has an effective date occurring after the month following the most recent completed calendar quarter.leave benefits if the application has an effective date occurring after the month following the most recent completed calendar quarter.
f. f.
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 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 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).a claims administration contract with American Family Life Assurance Company of Columbus (Aflac).
g. As of June 1, 2023 g. As of January 1, 2025, 40 times the CT minimum wage ($, 40 times the CT minimum wage ($1516.35 per hour) is $ per hour) is $600.
h. 654. 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 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 Delaware law provides that a covered worker is eligible for family and medical leave benefits “"not more than once in a 24-month period.not more than once in a 24-month period.”" However, if certain However, if certain
conditions are met, a worker may use benefits intermittentlyconditions are met, a worker may use benefits intermittently or on a reduced schedule. Further clarification on use of benefits is expected to be included in regulations governing the . Further clarification on use of benefits is expected to be included in regulations governing the
Delaware leave insurance program.
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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
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
birth, adoption, or foster care, 6 weeks for a serious health condition of a qualifying family member, and 2 weeks for the employee’s own serious health condition.
l.
The DC Acting Chief Financial Officer certified on March 1, 2022 that sufficient funds were available for the increase in paid leave benefits to take effect on July 1,
2022.
m. Delaware leave insurance program. k. Maine law provides for 12 weeks of family and medical leave, and a weekly benefit while on such leave. However, medical leave benefits are not payable during the Maine law provides for 12 weeks of family and medical leave, and a weekly benefit while on such leave. However, medical leave benefits are not payable during the
first 7 calendar days of the leave (i.e., a waiting period); this may mean that individuals who use their 12-week leave entitlement entirely for medical leave needs in a first 7 calendar days of the leave (i.e., a waiting period); this may mean that individuals who use their 12-week leave entitlement entirely for medical leave needs in a
given benefit period may only receive 11 weeks of benefits in that benefit period. Further clarification on the total number of medical leave benefits weeks available given benefit period may only receive 11 weeks of benefits in that benefit period. Further clarification on the total number of medical leave benefits weeks available
to Maine workers may be included in forthcoming regulations governing the Maine leave insurance program.to Maine workers may be included in forthcoming regulations governing the Maine leave insurance program.
n. l. In February 2025, Maryland's Department of Labor proposed delaying implementation of benefit payments to January 1, 2028. Maryland Department of Labor, "Maryland Department of Labor Proposes Extending Implementation Timeline for Family and Medical Leave Insurance Following Federal Actions Impacting Workers, Employers," press release, February 14, 2025, https://labor.maryland.gov/whatsnews/laborproposesextendingimplementationtimelineforfamli.shtml. As of the cover date of this report, Maryland state law has not been amended to make such a change. 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).
o. In addition, a claimant must exhaust all employer-provided leave that is not required by law before claiming the leave insurance benefit.
p. n. 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 illness 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 illness 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 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 [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 will 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 will count against the total available
period of leave in a benefit year.period of leave in a benefit year.”
q. " o. For example, if the state AWW is $1,000, an individual with $1,300 in AWW may be eligible to claim a weekly benefit of $945 (= [.90 x $500] + [.66 x $500] + [.55 For example, if the state AWW is $1,000, an individual with $1,300 in AWW may be eligible to claim a weekly benefit of $945 (= [.90 x $500] + [.66 x $500] + [.55
x ($1,300 - $1,000)]).x ($1,300 - $1,000)]).
r. p. 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.
s. q. 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, include, during a state of emergency, “"an illness caused by an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or an illness 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 treatmentefforts 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 of the employee or family member of the employee. The same law
modified the NJ leave insurance program to waive the waiting period for benefits if, during a state of emergency, the employeemodified 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 s disability results from an “"illness illness
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.care or treatment.”" See NJ P.L. 2020, Ch. 17. See NJ P.L. 2020, Ch. 17.
t.
r. 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
collection of private plans purchased by employers, rather than a centralized state plan. Employers also have the option of obtaining insurance through the NY State collection 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 YorkInsurance Fund, which was created by Article 6 of New York’'s Workerss Workers’' Compensation Law, and serves to Compensation Law, and serves to “"to compete with other carriers to ensure a fair market 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.place and to be a guaranteed source of coverage for employers who cannot secure coverage elsewhere.”" Additional information is at https://ww3.nysif.com/ Additional information is at https://ww3.nysif.com/.
u. . s. A New York state law enacted in March 2020 provided that workers employed by certain small businesses who are subject to a mandatory or precautionary order A New York state law enacted in March 2020 provided that workers employed by certain small businesses who are subject to a mandatory or precautionary order
of quarantine or isolation due to COVID-19 may qualify for New York state paid family leave benefits and enhanced temporary disability benefits, and claim these of quarantine or isolation due to COVID-19 may qualify for New York state paid family leave benefits and enhanced temporary disability benefits, and claim these
benefits concurrently. Additional information is at https://paidfamilyleave.ny.gov/benefits concurrently. Additional information is at https://paidfamilyleave.ny.gov/COVID19.
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v. COVID19. 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 employeethis 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 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.
w. u. The Washington program permits seven (calendar) days of FLI benefits following the death of a The Washington program permits seven (calendar) days of FLI benefits following the death of a qualifying family member, which describes a child for whom the , which describes a child for whom the
employee would have qualified for (1) prenatal or postnatal MLI benefits and (2) FLI benefits for bonding purposes (due to the birth or placement of a child).employee would have qualified for (1) prenatal or postnatal MLI benefits and (2) FLI benefits for bonding purposes (due to the birth or placement of a child).


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Table AB-2. Job Protection for State Leave Insurance Program Beneficiaries

State

Is Job Protection Provided for In
Acts Authorizing State Leave
State
Insurance Benefits?a
Insurance Benefits?^a Job Protection Provided by Other State Leave Laws
California
No

California

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 employeewho has a serious health condition or for needs related to the employee’'s own serious health condition 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
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
No

N/A

Connecticut

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 employeecondition, needs related to the employee’'s own serious health condition, certain military family needs, and to 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 illness in the line of duty. An employee is eligible for such leave after completing 90 days of serious injury or illness 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 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 employees, employment agencies, and labor organizations provide a “"reasonable amountreasonable amount”" of unpaid job- of unpaid job-
protected leave for pregnancy-related disabilities. protected leave for pregnancy-related disabilities.
Delaware
Yesb
N/A
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Is Job Protection Provided for In
Acts Authorizing State Leave
State
Insurance Benefits?a
Job Protection Provided by Other State Leave Laws
District of
No

Delaware

Yes^b

N/A

District of Columbia

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
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 employeeserious health condition, and 16 weeks in any 24-month period for needs related to the employee’'s own 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 Employers must make “"reasonable accommodationsreasonable 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.
Maine
Yes, if employed by the current

Maine

Yes, if employed by the current employer for at least 120 days before taking leave.

Maine Family Medical Leave Act: Provides 10 weeks of unpaid job-protected leave in any two-year Provides 10 weeks of unpaid job-protected leave in any two-year
employer for at least 120 days before
period. To be eligible, an employee must be employed by the same employer for 12 consecutive months. The period. To be eligible, an employee must be employed by the same employer for 12 consecutive months. The
taking leave.
law applies to all employers with 15 or more employees.law applies to all employers with 15 or more employees.
Maryland

Maryland

Yes, with some Yes, with some exceptions.c
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
Yes

Massachusetts

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.
Minnesota

Minnesota

Yes, if employed by the current Yes, if employed by the current
Minnesota Parentalemployer for at least 90 days before taking leave. Minnesota Parental Leave Act: Provides 12 weeks of unpaid job-protected leave for the care of a newly Provides 12 weeks of unpaid job-protected leave for the care of a newly
employer for at least 90 days before
arrived child, and up to 16 hours of leave for school activities at a childarrived child, and up to 16 hours of leave for school activities at a child’'s school. Effective July 1, 2023, s school. Effective July 1, 2023,
taking leave.
employees are no longer required to meet tenure or hours requirements to be eligible for such leave. The law employees are no longer required to meet tenure or hours requirements to be eligible for such leave. The law

applies to all employers with one or more employees.applies to all employers with one or more employees.
New JerseyNew 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 employeeleave in a 12-month periods for certain needs, if the employee or the employee’'s family member has been the 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.
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Is Job Protection Provided for In
Acts Authorizing State Leave
State
Insurance Benefits?a
Job Protection Provided by Other State Leave Laws
New York

New York

Yes, for family leave insurance Yes, for family leave insurance
N/A
recipients.recipients.
No, for disability insurance recipients.No, for disability insurance recipients.
Oregon

N/A

Oregon

Yes, if employed by the current Yes, if employed by the current
employer for at least 90 days before taking leave. 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
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.
conditions are met).d conditions are met).^d Leave for bereavement is limited to 2 weeks (of the 12 week total) per death of a family Leave 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
Yes, for family leave insurance

Rhode Island

Yes, for family leave insurance recipients.

No, for disability insurance recipients.

Rhode Island Parental and Family Medical Leave Act: Provides 13 consecutive weeks of unpaid job- Provides 13 consecutive weeks of unpaid job-
recipients.
protected leave in a two-year period for the care of a newly arrived child or a family member with a serious protected leave in a two-year period for the care of a newly arrived child or a family member with a serious
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/Af
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 lasthours in last 12 months.e
e N/A^f Source: CRS, based on the following sources: CRS, based on the following 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: Delaware Code, Title 19, Chapter 37. Family and : Delaware Code, Title 19, Chapter 37. Family and
Medical Leave Insurance Program, https://delcode.delaware.gov/title19/c037/index.html. 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., §32- D.C. Official Code §§32-541.01 et seq., §§32-501 et seq., §32-
1231.01, and §32-1231.03. 1231.01, and §32-1231.03. Maine: Maine 2023 Public Law Chapter 412, Part AAA, §850-J, and 26 Maine Rev. Stat. §844. Maine 2023 Public Law Chapter 412, Part AAA, §850-J, and 26 Maine Rev. Stat. §844. Maryland: Md. Code Ann. §§8.3-101 to 8.3-1001; : Md. Code Ann. §§8.3-101 to 8.3-1001;
Md. Code Ann. §§3-1201 to 3-1211. Md. Code Ann. §§3-1201 to 3-1211. 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.
Minnesota: Minnesota Session LawsMinnesota Session Laws - —2023, Regular Session, Chapter 59. House File No. 2, §18, Subd. 6 and Minn. Stat. §§181.940-181.9442023, Regular Session, Chapter 59. House File No. 2, §18, Subd. 6 and Minn. Stat. §§181.940-181.944; New York: New York New York
Workers’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 Rhode Island General Laws §§28-41 et seq. and
§§28-48 et seq. §§28-48 et seq. Washington: Rev. Code Washington §50A.35.010 and §50A.30.010. Rev. Code Washington §50A.35.010 and §50A.30.010.
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a. a. This column indicates whether temporary disability insurance (TDI) or family and medical leave insurance (FMLI) benefit receipt confers job protection to benefit 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. b. Delaware differs from other states in that it conditions eligibility for the benefit on an employeeDelaware 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 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.
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 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 doing so is “"necessary to prevent substantial and grievous economy injury to the operations of the employernecessary to prevent substantial and grievous economy injury to the operations of the employer”" and other conditions are met. and other conditions are met.
d. 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.
e. e. Like most states listed in this table, Washington provides employers the option of providing leave insurance benefits to their employees through a private (or Like most states listed in this table, Washington provides employers the option of providing leave insurance benefits to their employees through a private (or
voluntary) plan. In Washington, employees receiving leave insurance benefits through a private plan receive job protection during periods of family and medical leave voluntary) plan. In Washington, 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.if they have worked for the employer for at least nine months and 965 hours during the 12 months immediately preceding the leave.
f. f.
Washington requires employers with at least eight employees to provide leave to women with pregnancy-related disabilities. However, CRS could not determine Washington requires employers with at least eight 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.
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Appendix B. C. 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.

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Table BC-1. Paid Family Caregiving Leave Policies in Selected OECD Countries as of January 2020
Country
Paid Caregiving Leave
Australia

Country

Paid Caregiving Leave

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 illness to care for a seriously ill family member; leave must be taken in blocks of 1 to 3 months. Two months of Up to 12 months per episode of illness to care for a seriously ill 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 ill family member; leave must be taken in 1-month blocks.leave per episode to provide palliative care to a terminally ill family member; leave must be taken in 1-month blocks.
Canadaa
Canada^a Up to 35 weeks per year to care for a critically ill child under the age of 18 years, and up to 15 weeks to care for a critically ill adult family Up to 35 weeks per year to care for a critically ill child under the age of 18 years, and up to 15 weeks to care for a critically ill 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 family or household member, but the caregiver must be considered “"like familylike family”" to the person receiving support. 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 ill 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 ill child under
one age 1.one age 1.
Czech RepublicCzech Republic
In general, up to 9 consecutive days per episode to care for a seriously ill household family member, or a sick (need not be seriously ill) child In general, up to 9 consecutive days per episode to care for a seriously ill household family member, or a sick (need not be seriously ill) 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 collective agreement.Up to 4 days per episode to care for a child under the age of 10 years; benefit levels are determined by collective agreement.
France

France

Up to 3 years per episode to care for a child under the age of 20 years with a serious illness 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 illness 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 ill.possible extension to 6 months) to care for a close family member who is terminally ill.
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 illness.per dependent family member) to care for a dependent family member with an unexpected illness.
Greece

Greece

Up to 22 days per year to care for a child who is under age 18 or a spouse with certain serious Up to 22 days per year to care for a child who is under age 18 or a spouse with certain serious il nessesillnesses. Up to 4 days (per parent, per year for . Up to 4 days (per parent, per year for
each child under age 16) to visit a childeach 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.s school. Up to 1 hour per day to care for a child or spouse with a disability.
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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 following 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 following 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 spouseepisode 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 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 employeeUp to 2 years over the course of the employee’'s career to care for a seriously ill or disabled family member. Family members cannot use such s career to care for a seriously ill 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 ill dependent family member who requires constant care for Up to 93 days (total per dependent family member) to provide care to a seriously ill 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 terminally ill.years who is seriously or terminally ill.
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 employeeUp to 5 days per year may be used from the employee’'s sick leave entitlement to care for a partner or dependent family member.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 illness. 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 illness. Up to 5 working years (1300 work days) per episode to care for a
child under age 18 who requires continuous care due to illness, injury, or disability. Up to 60 days per episode to care for a terminally ill family child under age 18 who requires continuous care due to illness, injury, or disability. Up to 60 days per episode to care for a terminally ill family
member (including an unrelated person with a family-like relationships).member (including an unrelated person with a family-like relationships).
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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
ill) in exceptional circumstances (e.g., school closure).ill) 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 ill child.episode (per family), with the possibility of an extension, to care for a chronically ill 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 illness.up to 6 additional months per family may be granted for severe illness.
Spain

Spain

Up to 2 days per episode to provide care to an ill 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 ill 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 ill family member (including certain unrelated persons with a family-like relationship).care to a seriously ill 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 ill 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 ill child for workers in their first year of service;
thereafter paid leave is provide in accordance with the customary practice of the canton or collective agreement.thereafter paid leave is provide in accordance with the customary practice of the canton or collective 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.pdfParents, 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. 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/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/services/benefits/ei/caregiving.html. Table Ccaregiving.html.

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link to page 46 link to page 46 link to page 46 link to page 46 link to page 46 link to page 46 link to page 46
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
Australiaa

Country

Benefits

Australia^a Employers provide benefits at full pay rates for up to 10 days per year (part-time workersEmployers provide benefits at full pay rates for up to 10 days per year (part-time workers’' days are pro-rated). days are pro-rated).
In 2020, Australia replaced a set of social insurance benefits, including a sickness allowance for workersIn 2020, Australia replaced a set of social insurance benefits, including a sickness allowance for workers’' extended medical needs, with a 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 full pay rates for up to 6 to 12 weeks (depending on employee tenure), after which employers provide up to Employers provide benefits at full 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 full rate of 4 weeks of benefits, compensated at 50% of pay. Social insurance benefits are available to employees who do not receive their full 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 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 43rd43^rd day of day of
illness.illness.
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 full pay rates for the first 7 days of sickness, followed by another 7 days, compensated provide benefits at full pay rates for the first 7 days of sickness, followed by another 7 days, compensated
at 85.88% of pay. For the at 85.88% of pay. For the 15th to 30th15^th to 30^th day of sickness, employers provide 25.88% of the portion of the employee day of sickness, employers provide 25.88% of the portion of the employee’'s regular earnings that are 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 full pay rates for 1 month.provide benefits at full 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.
Canadab
Canada^b Employers provide 3 days of benefits at full Employers provide 3 days of benefits at full pay.c Workerspay.^c Workers in certain provinces may be entitled to additional days of employer-provided 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.
Chileb
Chile^b Social insurance provide benefits paid at full-pay (based on recent earnings). A 3-day waiting period applies, but benefits from the first day Social insurance provide benefits paid at full-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.
Colombiab
Colombia^b Employers provide two days of benefits at full-pay. Social insurance provides benefits for up to 180 days. Benefits are paid at 66.6% of Employers provide two days of benefits at full-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 average earnings after a 2-day waiting period for up to 90 days; the rate is reduced to 50% from the 91st91^st to the to the 180th180^th day of incapacity. day of incapacity.
Costa Ricab
Costa Rica^b Social insurance provide benefits paid at a rate of 60% of average earnings after a 3-day waiting Social insurance provide benefits paid at a rate of 60% of average earnings after a 3-day waiting period.d
period.^d Czech RepublicCzech Republic
Employers provide 14 days of benefits at 60% of an employeeEmployers provide 14 days of benefits at 60% of an employee’'s 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
15^th15th day of sickness. Benefits are paid at 60% of a daily assessment base (calculated by applying a progressive formula to the worker's 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.
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link to page 46
Country
Benefits
Denmark

Denmark

Employers provide benefits for 30 calendar days. Some must provide benefits the full rate of pay and others provide benefits at a lower Employers provide benefits for 30 calendar days. Some must provide benefits the full 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 Employers provide benefits from the 4th-8th4^th-8^th day of sickness. Medical leave benefits are paid from social insurance starting on the 9th day of 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 illnesses). Benefits are calculated as 70% of average pay (100% rate in sickness up to 182 consecutive calendar days (240 days for selected illnesses). 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 full rate of pay for the first 9 days of sickness (50% rate of pay for new employees). Social insurance Employers provide benefits at the full 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 illness. Benefits are calculated using a progressive extended. Benefits cannot exceed 300 working days in any 2-year period for the same illness. 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 employeeBenefits are calculated as 50% of an employee’'s basic daily earnings over the last 3 months, up to a maximum amount.s basic daily earnings over the last 3 months, up to a maximum amount.
Germany

Germany

Employers provide benefits at the full rate of pay for up to 6 weeks. Social insurance benefits for the same illness are available for up to 78 Employers provide benefits at the full rate of pay for up to 6 weeks. Social insurance benefits for the same illness 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 Private sector employers pay benefits for 3 days at a rate of 50% of pay. From the 4th to 15th4^th to 15^th day of sickness, the employer pays the day of sickness, the employer pays the
difference between the social insurance medical leave benefit and the employeedifference between the social insurance medical leave benefit and the employee’'s wage. Social insurance pays benefits from the s wage. Social insurance pays benefits from the 4th to 15th
4^th to 15^th 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 full wages insurance program), and at a rate of 100% for the remainder of the sickness period. (Public sector workers are paid their full 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.
Icelande
Iceland^e Iceland provides a flat-rate medical leave benefit to eligible workers unable to work due to a non-workIceland provides a flat-rate medical leave benefit to eligible workers unable to work due to a non-work -related illness or injury. The daily related illness 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 individualby an individual’'s local social services agency.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.
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Country
Benefits
Israelb
Israel^b As of 2018, no statutory benefits are provided. Employees may receive benefits under collective agreements.As of 2018, no statutory benefits are provided. Employees may receive benefits under collective agreements.
Italy

Italy

In general, employers pay benefits for the duration of the sickness period; benefit payments to employees are deducted from an employerIn general, employers pay benefits for the duration of the sickness period; benefit payments to employees are deducted from an employer’s
'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.
Japanf
Japan^f 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.
Koreab
As of 2018, no statutory benefits are provided.
Latvia
Korea^b

As of 2018, no statutory benefits are provided.

Latvia

Employers provide leave benefits from the Employers provide leave benefits from the 2nd to 10th2^nd to 10^th day of sickness. Employers must pay at least 75% of average earnings for the day of sickness. Employers must pay at least 75% of average earnings for the 2nd and
3rd2^nd and 3^rd day of sickness, followed by 80% of average earnings until the day of sickness, followed by 80% of average earnings until the 10th10^th day of sickness. Social insurance benefits may be claimed after 10 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 employeeEmployers provide 2 days of leave benefits at 62.06% (or higher) of the employee’'s recent average earnings. Social insurance benefits may 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 employeeEmployers provide leave benefits at the employee’'s regular rate of pay, up to a maximum amount (€11,009.65 per month in 2021)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 end of the month in which falls the 77th77^th day of incapacity for work during an18-month period. (80% of wages paid during sickness are 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.
Mexicob
Mexico^b 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 NetherlandsThe 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 Zealandg
New Zealand^g Employers provide 10 days paid sick leave per year, compensated at full 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 full 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 individualbenefit. Benefit amounts are determined by the individual’'s family composition (e.g. marital status, number of children) and conditional on s family composition (e.g. marital status, number of children) and conditional on
earnings being below a threshold (that is specific to the individualearnings being below a threshold (that is specific to the individual’'s family situation).s family situation).
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Country
Benefits
Norwayh
Norway^h Employers provide 16 days of benefits at full pay. Social insurance provides medical leave benefits for the remainder of the sickness period Employers provide 16 days of benefits at full 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
illnesses, and selected medical conditions). Social insurance provides medical leave benefits for up to 182 days (270 days for tuberculosis or illnesses, and selected medical conditions). Social insurance provides medical leave benefits for up to 182 days (270 days for tuberculosis or
pregnancy), following the 33 days of employer-provided benefits. In general, benefits are paid at 80% of usual earnings (70% in the case of pregnancy), following 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% (benefit rate is increased to 60% (31st to 90th31^st to 90^th day of sickness), 70% ( day of sickness), 70% (11th to 365th11^th to 365^th day of sickness), and 75% (after 1 year). 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 thereafter. Social insurance benefits are paid starting at the 11th11^th day of sickness, for up to 52 weeks. In general, benefits are calculated at 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 Employers provide 30 days of benefits, and social insurance provide benefits starting on the 31st31^st day of illness. The benefit payment rate day of illness. 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 Employers provide benefits from the 4th to 20th4^th to 20^th day of illness at a rate of 60% of recent average earnings (that are subject to social day of illness 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 insurance contributions), and at a rate of 75% starting on the 21st21^st day of sickness. Employers are reimbursed by social insurance for day of sickness. Employers are reimbursed by social insurance for
benefits paid after the benefits paid after the 15th15^th day of sickness. Benefits are paid for up to 365 days, and may be extended by 180 days if a cure is expected in 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 full-pay for As of 2018, employers provide full-pay for “"a limited period.a limited period.”" This period must be at least 3 weeks during the first year of employment, 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.
Turkeyb
Türkiye^b 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.
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Country
Benefits
United Kingdomi
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
N/A

United States

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 countriesProfiles (2018 and 2019), at https://ww1.issa.int/country-profiles; and program information provided on selected countries’' official government websites. 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 doctorrequirements (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 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. a. Australian government information, Australian government information, “"Who gets paid sick and carerWho gets paid sick and carer’'s leave?s leave?”", at https://www.fairwork.gov.au/leave/sick-and-carers-leave/paid-sick-and-carers-leave, at https://www.fairwork.gov.au/leave/sick-and-carers-leave/paid-sick-and-carers-leave, ,
and https://www.servicesaustralia.gov.au/jobseeker-paymentand https://www.servicesaustralia.gov.au/jobseeker-payment.
b. . b. International Social Security Association, Country Profiles (2018 and 2019), at https://ww1.issa.int/country-profilesInternational Social Security Association, Country Profiles (2018 and 2019), at https://ww1.issa.int/country-profiles.
c. . 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/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. . 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 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-tablesrequirement. See https://www.worldpolicycenter.org/data-tables.
e. . e. Icelandic Health Insurance program page at https://www.sjukra.is/english/social-insurance-in-iceland/cash-sickness-benefits/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-tablesWorld Policy Center at https://www.worldpolicycenter.org/data-tables.
g. . g. New Zealand Ministry of Social Development, Job Seeker Support at https://www.workandincome.govt.nz/products/a-z-benefits/jobseeker-support.html. Benefit 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.htmlamounts 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. . 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/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/https://www.gov.uk/employment-support-allowance.

Research studies cited in this report were identified through an extensive literature search conducted by CRS Research Librarian Tilly Finnegan-Kennel. CRS Visual Information Specialist Mari Y. Lee produced the state leave insurance program graphic, and CRS Research Assistant Isobel Sorenson provided general research support.

Footnotes

1.

The Family and Medical Leave Act of 1993 (FMLA) allows employees to use some types of employer-provided paid leave during 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. According to the Equal Employment Opportunity Commission, workers who are covered by the Americans with Disabilities Act (ADA) may also qualify for unpaid leave in certain cases, and "employees with disabilities must be provided with access to leave on the same basis as all other similarly-situated employees." For more information see Equal Employment Opportunity Commission, Employer-Provided Leave and the Americans with Disabilities Act, May 9, 2016, https://www.eeoc.gov/eeoc/publications/ada-leave.cfm.

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 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. Additional information is in CRS In Focus IF12420, The Federal Employee Paid Parental Leave Benefit, by Sarah A. Donovan and Jon O. Shimabukuro.

3.

For more information see CRS In Focus IF11141, Employer Tax Credit for Paid Family and Medical Leave, by Anthony A. Cilluffo.

4.

Some states, such as Arkansas and Virginia, have enacted laws establishing family leave insurance as a class of insurance in their states.

5.

In some states, medical leave benefits are financed through state short-term disability insurance programs (sometimes called temporary disability insurance (TDI), in this context).

6.

For a discussion see the "Research on Paid Family and Medical Leave" section of this report.

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 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.

8.

Some recent federal proposals would also have provided cash benefits to workers with other caregiving needs. For example, the FAMILY Act (118^th Congress) proposed to provide benefits to individuals with certain military family needs; the Build Back Better Act, as introduced in H.R. 5376 (117^th Congress) on September 27, 2021 proposed benefits for needs related to the death of a family member.

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 relatively short in duration. For example, the Healthy Families Act (H.R. 3409 /S. 1664, 118^th Congress) proposed to require that certain employers 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 have allowed 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 domestic violence, sexual assault, or stalking, among other uses.

10.

In some states, an employer's provision of or contributions to leave insurance plans—one mechanism workers can use to finance unpaid family or 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.

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, Workers' Compensation: Overview and Issues, by Scott D. Szymendera.

12.

This is because maternity leave generally describes time off work for a combination of needs: (1) leave for a 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 paid to a pregnant woman or new mother under these circumstances, 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 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 plans that cover family leave insurance claims—and New York state requires that employers purchase such privately 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). Currently, the FLI 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. 14.

Employer-provided paid family leave estimates for 2024 did not meet BLS' publication standards. For this reason, the most current year of data for employer-provided paid family leave published by BLS is 2023.

15.

The BLS-measure is inclusive of employer plans that only offer paid parental leave (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 27% in March 2023). An employer that makes a full or partial payment toward an FLI plan (including a state leave insurance plan covering family leave) is considered by BLS to provide paid family leave. If there is no employer contribution to the plan (i.e., a plan is financed entirely by employees), then such an insurance plan is not considered to be an employer-provided benefit.

16. BLS also collects information on employer-provided paid sick leave, 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 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 79% of private sector workers had access to employer-provided paid sick leave in March 2024; the median number of days that could be earned in a given year was six for workers with at least one year of tenure. BLS, National Compensation Survey: Employee Benefits in the United States, March 2024, September 2024. 17.

The 90^th percentile value was also 26 weeks, suggesting that STDI plans offering more than 26 weeks of benefits were relatively rare.

18.

These industries were selected for analysis because they employed at least 10% of the private sector workforce in 2024 and had relatively high (professional and business services) and low (leisure and hospitality) benefit access rates.

19.

Juliana Horowitz et al., "Americans Widely Support Paid Family and Medical Leave, but Differ Over Specific Policies," 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 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 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 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).

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 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 serious health condition 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 treatment by a health care provider at least twice a year." See https://www.pewsocialtrends.org/dataset/family-and-medical-leave-study/.

21.

For example, in their analysis of four nationally representative datasets, Ann Bartel et al. (2019) found that "Hispanic workers have lower rates of paid-leave access and use than their White non-Hispanic counterparts." Ann Bartel et al., "Racial and ethnic disparities in access to and use 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/racial-and-ethnic-disparities-in-access-to-and-use-of-paid-family-and-medical-leave.htm. Boyens et al. (2022) study patterns of leave access in the December 2021 Well-Being and Basic Needs Survey, a nationally representative survey conducted by the Urban Institute, and find "41 percent of Hispanic/Latinx workers said they could take time off for the birth or adoption of a child and 40 percent for care of an ill family member compared to 57 percent of white workers who said they could take time off for both types of leave." The study reported that 51.5% of Black workers had such access. Chantel Boyens, Michael Karpman, and Jack Smalling, Access to Paid Leave is Lowest among Workers with the Greatest Needs, Urban Institute, July 2022, https://www.urban.org/sites/default/files/2022-07/Access%20to%20Paid%20Leave%20Is%20Lowest%20among%20Workers%20with%20the%20Greatest%20Needs.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 (NH) allows private sector employers 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 footnote 4 for more information on the NH program.

23.

Benefit payments for Delaware and Minnesota programs are to start in January 2026, benefits for the Maine program are scheduled to start in May 2026, and benefits for the Maryland program are scheduled to start in July 2026.

24.

New Hampshire law provides for voluntary private sector participation in its state family leave insurance program. Similarly, private sector employers in Vermont may participate in the Vermont Family and Medical Leave Insurance (VT-FMLI) plan, which provides benefits 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.

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 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 footnote 16 for additional discussion.

27.

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.

28.

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., safe leave).

29.

For reasons noted in footnote 22, Hawaii, New Hampshire, and Puerto Rico are not included in the table.

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 a 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. 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. 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.

37.

The studies discussed in this section were identified through a literature search of multiple research databases conducted by a CRS librarian.

38.

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 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 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 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-content/uploads/2019/03/030719-paid-leave-data-report.pdf.

39.

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 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. See https://www.census.gov/programs-surveys/cps/technical-documentation/questionnaires.html.

40.

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 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 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 difficult is figuring whether all workers at the firm are covered." Claudia Goldin, Sari Pekkala Kerr, and Claudia Olivetti, Why Firms Offer Paid Parental Leave: an Exploratory Study, NBER Working Paper 26617, January 2020, https://www.nber.org/papers/w26617.

41.

See the "State-Run Family Leave, Medical Leave, and Temporary Disability Insurance Programs" section of this report.

42.

As noted in the "Employer-Provided Paid Family Leave" section of this report, employer-provided leave is concentrated among higher-paying occupations, larger firms, and certain industries. This lack of broad coverage creates challenges, for example, for researchers trying to separate the effects of leave-taking on employment and earnings 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 outcomes for workers with access to paid leave to those otherwise similar workers without access to paid leave.

43.

In addition, the California legislature has amended the program several times since it was expanded in 2004. For this reason, the findings of earlier studies may not apply to the current program. For example, in 2018 the state changed the benefit formula from a flat 55% of average recent wages to a progressive formula that replaces 60%-70% of average recent wages, and in 2020 the number of benefit weeks for parental and family caregiving needs was increased from 6 to 8.

44.

See, for example, 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," Journal of Policy Analysis and Management, vol. 32, no. 2 (2013), pp. 224-245.

45.

See, for example, Sarah Bana, Kelly Bedard, and Maya Rossin-Slater, "Trends and Disparities in Leave Use under California's Paid Family Leave Program: New Evidence from Administrative Data," AEA Papers and Proceedings, vol. 108 (2018), and Ann Bartel et al., "Paid Family Leave, Fathers' Leave-Taking, and Leave-Sharing in Dual-Earner Households," Journal of Policy Analysis and Management, vo. 37, no. 1 (2018).

46.

See, for example, National Partnership for Women and Families, Meeting the Promise of Paid Leave: Best Practices in State Paid Leave Implementation, 2023, https://nationalpartnership.org/wp-content/uploads/2023/02/meeting-the-promise-of-paid-leave.pdf; and The University of Rhode Island (on behalf of the RI Department of Labor and Training), Launching the Rhode Island Temporary Caregiver Insurance Program (TCI): Employee Experiences One Year Later, 2016, https://web.uri.edu/wp-content/uploads/sites/1611/RI-Paid-Leave-Final-Report-April-2016.pdf.

47.

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 et al., "Unequal Use of Social Insurance Benefits: The Role of Employers," Journal of Econometrics, vol. 233, issue 2 (April 2023), pp. 633-660, https://doi.org/10.1016/j.jeconom.2022.02.008.

48.

Such studies are discussed later in this section; see also footnote 51 and footnote 52 for information on a selection of studies.

49.

See, for example, Maya Rossin-Slater, "Maternity and Family Leave Policy," in The Oxford Handbook of Women and the Economy, ed. Susan L. Averett, Laura M. Argys, and Saul D. Hoffman (New York: Oxford University Press, 2018).

50.

For example, greater access to state leave benefits may create incentives for some employers to make hiring, compensation, and career advancement decisions in favor of employees who are less likely to use the benefit (e.g., men, older women). This practice of using information about groups (e.g., average group attributes, behavior) to infer individual characteristics is referred to by economists as statistical discrimination.

51.

See, for example, Tanya S. Byker, "Paid Parental Leave Laws in the United States: Does Short-Duration Leave Affect Women's Labor-Force Attachment?," American Economic Review, vol. 106, no. 5 (May 2016), pp. 242-246; Charles L. Baum II and Christopher J. Ruhm, "The Effects of Paid Family Leave in California on Labor Market Outcomes," Journal of Policy Analysis and Management, vol. 35, no. 2 (2016), pp. 333-356; Ji Young Kang et al., "The Effects of California Paid Family Leave on Labor Force Participation Among Low-income Mothers One Year after Childbirth," Journal of Social Policy, vol. 51, no. 4 (May 2021); and Sarah H. Bana, Kelly Bedard, and Maya Rossin-Slater, "The Impacts of Paid Family Leave Benefits: Regression Kink Evidence from California Administrative Data," Journal of Policy Analysis and Management, vol. 39, no. 4 (2020), pp. 888-929. One study of medium-term impacts (i.e., on mothers with a child between the ages of one to three years) did not find significant differences in mothers' employment probabilities in the periods preceding and following the program expansion; however, it did observe an increase in weekly work hours among women who returned to work after a period of maternity leave. 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," Journal of Policy Analysis and Management, vol. 32, no. 2 (2013), pp. 224-245.

52.

Das and Polachek (2015) studied the impact of California's benefits through March 2009 (i.e., nearly five years after the program expansion) and found that the expansion is associated with an increase in the labor force participation of young women in California relative to men and older women, but also an increase in relative unemployment rates and duration (i.e., time spent looking for work). Das and Solomon W. Polachek, "Unanticipated Effects of California's Paid Family Leave Program," Contemporary Economic Policy, vol. 33, no. 4 (October 2015), pp. 619-635. Jones and Wilcher (2024) found that increased access to benefits improved California mothers' labor force attachment nine years after a child's birth, but these effects were smaller in magnitude compared to those in the year following a birth. Kelly Jones and Britni Wilcher, "Reducing maternal labor market detachment: A role for paid family leave." Labour Economics, vol. 87, no. 102478 (April 2024). Stock and Inglis (2021) studied the impacts of the program expansion for young women in California through 2016 (nearly 12 years after the expansion). They found that compared with women in other states, California-based young women had lower labor force participation but higher employment rates after the program expansion; but when compared to older women within California they found negative impacts on the relative participation and employment for younger, college-educated women. Wendy Stock and Myron Inglis, "The Longer-Term Labor Market Impacts of Paid Parental Leave," Growth and Change, vol. 52, no. 2 (June 2021), pp. 838-884. Bailey et al. (2025) studied first-time mothers who claimed leave insurance benefits just as the expansion launched (i.e., in the months around July 2004) and found they had lower cumulative employment rates in the 12-year period following birth; the study did not find such effects on the employment of mothers who already had children at the time the California program was expanded. Martha Bailey et al., "The Long-Run Effects of California's Paid Family Leave Act on Women's Careers and Childbearing: New Evidence from a Regression Discontinuity Design and U.S. Tax Data" American Economic Journal: Economic Policy, vol. 17, no. 1 (2025), pp. 401-31.

53.

For example, Choudhury and Polachek 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. 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 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 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 Family Leave and Breastfeeding: Evidence from California, NBER Working Paper No. 25784, Issued in April 2019.

54.

Priyanka Anand, Laura Dague, and Kathryn L. Wagner, The Role of Paid Family Leave in Labor Supply Responses to a Spouse's Disability or Health Shock, NBER Working Paper 28808, May 2021, https://www.nber.org/papers/w28808; hereinafter "Braga et al. 2021."

55.

Braga et al. (2022) found that after program expansions, women in California and New Jersey with a spouse or a nearby parent in poor health were more likely to work while providing care. Such women also reported less depression than similar women without access to leave insurance benefits. B. Braga et al., Impacts of State Paid Family Leave Policies for Older Workers with Spouses or Parents in Poor Health, IZA Institute of Labor Economics, Discussion Paper 15007, 2022, https://docs.iza.org/dp15007.pdf. Research by Bartel et al. (2023) suggests that benefits increased employment among women, with greater impacts among those in private sector employment. Results for men were smaller overall and were not statistically significant for men employed in the private sector. This difference in results may suggest that women are either in different types of private sector jobs or that they perceive lower relative costs associated with caregiving absences (i.e., are more likely to use leave to care for a spouse). Ann P. Bartel et al., "California's Paid Family Leave Law and the Employment of 45-64 Year Old Adults," Work, Aging, and Retirement, vol. 9, no. 2 (2023), pp. 169-175. Coile, Rossin-Slater, and Su (2022) found that following program expansions, women in California, New Jersey, and New York who were employed prior to such a health shock for a spouse were less likely to report that they left a job to "care for home or family." Similar impacts were not found, however, for parents whose child had surgery or a hospitalization. Women who care for their spouse were also less likely to report poor mental health and use of anti-anxiety or anti-depression drugs following program expansions. Courtney Coile, Maya Rossin-Slater, and Amanda Su, The Impact of Paid Family Leave on Families with Health Shocks, NBER, Working Paper 30739, December 2022, https://www.nber.org/papers/w30739.

56.

Lack of program awareness was identified in a study of the 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. That study 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 not meet the needs of caregivers in those states. Brant Morefield et al., Leaving it to the Family: the Effects of Paid Leave on Adult Child Caregivers, L&M Policy Research (Prepared for the Department of Labor), July 2016, https://www.dol.gov/sites/dolgov/files/OASP/legacy/files/Paid_Leave_Leaving_it_to_the_family_Report.pdf. See also Braga et al. (2021), who also studied California and New Jersey and found some evidence that access to paid 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 employment or full-time status). The research team suggest that limited impacts on broader labor supply impacts may be influenced by the relatively short period of caregiving leave (six weeks in each state during the 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 benefits for spousal care.

57.

BLS estimates that 79% of private sector workers had access to employer-provided paid sick leave in March 2024. BLS, "Employee Benefits in the United States—March 2024," press release, September 19, 2024, https://www.bls.gov/ebs/.

58.

Heather D. Hill, "Paid Sick Leave and Job Stability," Work and Occupations, vol. 40, no. 2 (May 2013).

59.

Meredith Slopen, "The impact of paid sick leave mandates on women's employment and economic security," Journal of Policy Analysis and Management, vol. 43, no. 4 (Fall 2024), pp. 1129-1151.

60.

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. 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," Community, Work & Family, January 2023, pp. 1-19.

61.

The authors note that opposition appears pronounced among smaller employers. Ann P. Bartel et al., The Impact of Paid Family Leave on Employers: Evidence from New York, NBER Working Paper 28672, April 2021, https://www.nber.org/papers/w28672.

62.

The research team re-contacted as many employers from the original study sample as possible. Ann P. Bartel et al., "Support for Paid Family Leave among Small Employers Increases during the COVID-19 Pandemic." Socius: Sociological Research for a Dynamic World, vol. 7 (December 09, 2021), pp.1-8.

63.

Benjamin Bennett et al., 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.

64.

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 with leave insurance programs had lower rates of employee turnover. The study's authors argue that the state programs facilitated these outcomes and, based on the findings of a broader literature, that greater employee retention and the nomination of women to executive positions contributed to the relative increase in firm performance in states with leave insurance programs.

65.

A discussion of OECD leave categories is in Organisation for Economic Co-operation and Development (OECD) Family Database, PF2.1. Parental leave systems, https://webfs.oecd.org/Els-com/Family_Database/PF2_1_Parental_leave_systems.pdf.

66.

The Republic of Türkiye changed its official name from The Republic of Turkey on May 26, 2022; see https://www.un.org/en/about-us/member-states/turkiye.

67.

The table is based on information published by the 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 unpaid leave are not included. See 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.

68.

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 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 (Wet modernisering regelingen voor verlof en arbeidstijden), which took effect on January 1, 2015.

69.

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%20Report%20-%20Parental%20Leave%20OECD%20Country%20Approaches_0.pdf.

70.

In some cases, information is presented for years other than 2021.

71.

Information on how this is done in some OECD countries is in Table 4 of Amy Raub, Paul Chung, and Priya Batra, et al., Paid Leave for Personal Illness: A Detailed Look at Approaches in OECD Countries, World Policy Analysis Center, 2018, https://www.worldpolicycenter.org/sites/default/files/WORLD%20Report%20-%20Personal%20Medical%20Leave%20OECD%20Country%20Approaches_0.pdf.

72.

This section provides examples of proposed legislation, introduced as of March 2025, to illustrate the types of approaches considered in the current Congress.

73.

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, 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.

74.

The FAMILY Act would also require employers to reinstate an employee to the position held by the employee prior to claiming benefits (i.e., while absent from work), with the exception of certain new hires; provide for the continuation of group health insurance coverage during benefit claim periods; and prohibit employer retaliation against claimants.

75.

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.

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Paid Family and Medical Leave in the United States



Author Information

Sarah A. Donovan

Specialist in Labor Policy


Acknowledgments
CRS Research Assistant Isobel Sorenson provided research support for this report, and CRS Graphics
Specialist Brion Long produced the state leave insurance program graphic.

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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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
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Congressional Research Service
R44835 · VERSION 25 · UPDATED
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