Leave laws by state in 2026

There are 43 state laws and counting governing parental, medical, and caregiver leave in the United States which means employee leave compliance is non-negotiable for People teams. We built this guide to give you a holistic view into leave laws with job-protection, paid leave programs, and new leave insurance products being introduced across the United States.

Your peers are offering paid leave to help fill in the patchwork of state leave laws. See how you compare.

What you need to know about federal and state leave laws

How is state leave insurance different from state paid leave laws?

Thanks to a Paid Family Leave (PFL) Insurance Model Act adopted in 2022, states can create a new line of private insurance that employers can voluntarily purchase for their employees to provide benefits for paid parental, family caregiving, and/or military leave. This private solution provides an avenue for employers to provide family leave benefits in states without a paid leave program.

When is an employee eligible for FMLA?

To be eligible for leave under FMLA, employees must:

• Have worked at your company for at least 12 months

• Have worked at least 1,250 hours during the 12 months leading up to the leave, and

• Be employed at a location with 50 or more employees within 75 miles of the employee’s worksite.

Does this map include state and local sick and safe leave laws?

This map shows federal and state family and medical leave laws only. State or local paid sick and safe leave law administration refers to laws that give employees a right to short increments of time, usually accrued periodically based on hours worked and capable of being used for a variety of reasons depending on the law. This category of laws, although potentially very broad and expanding, are often referred to as “safe and sick leave laws.” See a Better Balance’s Workplace Rights Hub for more.

How do state leave laws interact with FMLA?

State leave laws often overlap and add onto FMLA, providing additional statutory pay and job protection. Most state leave laws run concurrently with FMLA.

What does Cocoon do again?

Cocoon is a leave management platform that uses first-of-its-kind technology to take the work out of employee leave. We partner with People teams at forward-thinking companies like Carta, Ironclad, and Vanta to save them hours per week, mitigate risk, and reduce stress for employees during life’s pivotal moments like welcoming a new baby or caring for a sick family member. Unlike traditional solutions, our software automates the most complex parts of compliance, claims, and payroll for a more efficient, modern, reliable experience. We support all FMLA leave types, personal leave, and ADA leave accommodations.

What are qualifying leave reasons under FMLA?

• The birth of a child, and to bond with the newborn child;

• The placement of a child for adoption or foster care, and to bond with that child;

• To care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition;

• To take medical leave when the employee is unable to work because of a serious health condition; or

• For qualifying reasons due to the employee’s spouse, child, or parent being on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces.

When is an employer covered under FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. FMLA covers companies with 50 or more employees for at least 20 workweeks in the current or previous calendar year.