Parental Leave Laws: State-by-State Compliance Guide (2024)

Parental leave laws in the U.S. vary widely across states, with some offering extensive benefits while others follow federal guidelines.

Mosey’s guide provides a comprehensive overview of parental leave regulations in each state to help organizations ensure compliance in 2024. We’ll review the leave entitlements, eligibility requirements, and key points for all 50 states and discuss how Mosey can manage state compliance.

How Does Parental Leave Differ from FMLA?

The Family and Medical Leave Act (FMLA) is a federal law requiring employers to provide at least 12 weeks of unpaid leave per year to qualifying employees under certain circumstances. FMLA includes some qualifying parental leave reasons (like the birth of a child or adoption), but it isn’t the same as parental leave.

While employers are mandated to follow this medical leave law, they aren’t federally required to offer any official parental leave policy, paid or unpaid. States can make their own laws regarding leave, and organizations within each state are allowed to craft their own policies as long as they meet the minimum specifications required by federal, local, and state law.

Most employers with generous parental leave policies (like extended paid maternity leave) choose to do so because these leave policies align with their company culture or competitive goals for retaining top talent. Organizations often aren’t required to craft comprehensive paid parental leave policies.

What States Require Mandatory Paid Leave Systems?

Thirteen states and the District of Columbia have implemented mandatory paid family leave systems, primarily through a social insurance model funded by payroll taxes from employees, employers, or both.

These states include California, Connecticut, Massachusetts, New Jersey, Rhode Island, Washington, Colorado, Delaware, Maine, Maryland, Minnesota, and Oregon, along with Washington, D.C.

In contrast, New York operates a private insurance system in which employers purchase paid leave plans from a regulated insurance market overseen by the state to control benefit levels and premiums.

What States Have Adopted Voluntary Paid Leave Systems?

Nine states have adopted voluntary paid family leave systems. Seven of these states follow a model supported by the National Council of Insurance Legislators (NCOIL) to permit paid family leave insurance sales.

New Hampshire and Vermont, however, take a more proactive approach by partnering with a single insurance carrier to provide base coverage for all state employees and create a risk pool.

How Do Parental Leave Laws Differ by State?

You’ve taken a flyover of how parental leave laws differ from state to state. Now, let’s get into the weeds of all 50 regulations:

Alabama

Alabama does not have a state-specific parental leave law. Employers in Alabama must follow the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid leave for eligible employees to care for a new child.

There is no state mandate for paid parental leave, but Alabama has a voluntary system that organizations can opt in to.

Alaska

Alaska adheres to the FMLA for parental leave, offering up to 12 weeks of unpaid leave.

However, some employers may offer paid leave as part of their benefits package. Alaska state employees are eligible for a paid parental leave program that provides six to 12 weeks of leave, depending on eligibility.

Arizona

Arizona does not have a state-specific law for parental leave. Like other states without their own provisions, Arizona follows the FMLA, offering eligible employees 12 weeks of unpaid leave. However, the state does mandate paid sick leave under its Healthy Families Act, which can be used in limited cases for family member care.

Arkansas

Arkansas has no state-specific parental leave law, meaning FMLA is the primary source of protection for new parents. This allows for 12 weeks of unpaid leave. Public employees in Arkansas may have access to paid parental leave through state benefits.

California

California offers one of the most comprehensive parental leave programs in the country. Under the California Family Rights Act (CFRA), eligible employees can take up to 12 weeks of job-protected unpaid leave.

In addition, California’s Paid Family Leave (PFL) program provides up to eight weeks of paid leave at approximately 60-70% of the employee’s wages.

Colorado

Colorado’s Family and Medical Leave Insurance (FAMLI) program went into effect in 2024. It will provide eligible employees with up to 12 weeks of paid leave plus an additional four weeks for complications related to pregnancy or childbirth. This paid leave is funded through employer and employee contributions.

Connecticut

Connecticut has a generous paid family leave program (the CT Family and Medical Leave Act) that allows employees to take up to 12 weeks of paid leave within a 12-month period, with an additional two weeks for pregnancy-related complications.

Depending on their income level, employees are paid a portion of their wages during this period.

Delaware

Delaware passed the Healthy Delaware Families Act, which will take effect in 2026. This program will provide 12 weeks of paid family leave for eligible employees. Until then, Delaware employers follow the FMLA for unpaid parental leave.

If your organization operates in Delaware, it’s best to proactively approach compliance requirements for implementation before the act rolls out.

Florida

Florida has no state-specific law for paid parental leave, meaning employees must rely on FMLA for 12 weeks of unpaid leave. Some public employers or private companies may offer paid leave as part of their benefits.

Georgia

Georgia has no state-specific law for paid parental leave. However, public employees can access up to 120 hours of paid parental leave after childbirth or adoption. For private-sector employers, FMLA offers up to 12 weeks of unpaid leave.

Hawaii

Hawaii adheres to federal FMLA guidelines, providing eligible employees with 12 weeks of unpaid parental leave. Hawaii’s Temporary Disability Insurance (TDI) provides paid leave for pregnancy-related conditions, though it does not cover bonding time after childbirth.

Idaho

Idaho does not offer state-specific paid parental leave benefits. Employers in the state follow the FMLA, allowing 12 weeks of unpaid leave for new parents.

Illinois

Illinois follows FMLA guidelines, providing 12 weeks of unpaid leave for parental bonding. The state also has a broader Victims’ Economic Security and Safety Act (VESSA), which allows eligible employees up to 12 weeks of unpaid leave for family and medical reasons, including parental leave.

The Illinois PLAWA Act allows workers to take up to 40 hours of paid leave per year for any reason, including parental leave.

Indiana

Indiana does not provide any state-specific paid parental leave benefits. FMLA governs parental leave in Indiana, with 12 weeks of unpaid leave for eligible employees.

Iowa

Iowa follows FMLA rules for parental leave, providing 12 weeks of unpaid leave. There is no state-specific mandate for paid parental leave in Iowa.

Kansas

Kansas does not have state-specific parental leave laws. Employers follow the FMLA guidelines, allowing for 12 weeks of unpaid leave. Public employees may be eligible for some paid leave under state policy.

Kentucky

Kentucky provides unpaid parental leave under the FMLA, allowing 12 weeks of job-protected leave. Public employees in Kentucky may access limited paid leave benefits through state employee programs.

Louisiana

Louisiana follows the FMLA, allowing eligible employees 12 weeks of unpaid parental leave. There are no state-specific laws providing paid parental leave.

Maine

Maine provides employees with unpaid parental leave under the FMLA and the state’s own Family and Medical Leave Act, allowing for up to 10 weeks of unpaid leave in two years. There are no state provisions for paid leave.

Maryland

Maryland’s Time To Care Act goes into effect in 2026 and provides up to 12 weeks of paid family and medical leave. Until then, employers must adhere to the FMLA’s 12 weeks of unpaid leave for parental reasons.

Massachusetts

Massachusetts offers 12 weeks of paid family leave through the Paid Family and Medical Leave (PFML) program. The state program covers a portion of the employee’s wages during the leave, ensuring financial support for parents.

Michigan

Michigan follows FMLA guidelines for parental leave, providing 12 weeks of unpaid leave for eligible employees. The state does not have additional mandates for paid parental leave.

Minnesota

Minnesota also follows FMLA guidelines, allowing eligible employees to take 12 weeks of unpaid parental leave. There is currently no statewide program for paid parental leave.

Mississippi

Mississippi does not offer state-specific parental leave benefits, meaning employers follow the FMLA’s provision of 12 weeks of unpaid leave for new parents. Public employers may offer limited paid leave benefits.

Missouri

Missouri does not have a state-specific parental leave law. Eligible employees can take 12 weeks of unpaid leave under the FMLA.

Montana

Montana also does not offer state-specific paid parental leave. Employers follow the FMLA, which provides 12 weeks of unpaid leave for new parents. Public employees may have some access to paid leave under state employment policies.

Nebraska

Nebraska adheres to FMLA, which provides eligible employees 12 weeks of unpaid parental leave. No additional state mandates for paid parental leave exist in Nebraska.

Nevada

Nevada has no state-specific parental leave law, either. Employers follow FMLA guidelines, providing 12 weeks of unpaid leave. However, Nevada employers must offer paid sick leave, which can be used in certain family care situations.

New Hampshire

New Hampshire does not have a statewide paid parental leave program. The state follows FMLA, allowing for 12 weeks of unpaid leave. However, a new voluntary paid family leave insurance program was launched in 2023.

New Jersey

New Jersey provides one of the most substantial paid parental leave programs. Eligible employees can take up to 12 weeks of paid family leave, with a portion of their wages covered under the state’s Family Leave Insurance program.

New Mexico

New Mexico follows the FMLA, allowing for 12 weeks of unpaid parental leave. The state does not offer additional paid parental leave benefits.

New York

New York’s Paid Family Leave program allows employees to take up to 12 weeks of paid leave for parental bonding. They receive a portion of their wages, making New York one of the leading states supporting new parents.

North Carolina

North Carolina follows FMLA, allowing for 12 weeks of unpaid parental leave for eligible employees. The state does not have its own paid parental leave program.

North Dakota

North Dakota also adheres to the federal FMLA, providing 12 weeks of unpaid parental leave. The state does not mandate additional paid parental leave.

Ohio

Ohio follows the FMLA guidelines, allowing for 12 weeks of unpaid parental leave. There is no state-specific paid leave program for new parents.

Oklahoma

Oklahoma also does not have state-specific parental leave regulations, meaning employers follow FMLA guidelines and provide 12 weeks of unpaid leave.

Oregon

Oregon’s Paid Family and Medical Leave Insurance (PFMLI) program provides up to 12 weeks of paid leave for new parents. This state-mandated program ensures that eligible employees receive partial wage replacement during their break.

Pennsylvania

Pennsylvania follows the FMLA for parental leave, offering 12 weeks of unpaid leave. There is no state-specific paid parental leave program at this time.

Rhode Island

Rhode Island offers paid parental leave through its Temporary Caregiver Insurance (TCI) program, which provides up to five weeks of paid leave for eligible employees.

South Carolina

South Carolina does not have a state-specific law for paid parental leave. Employers follow the FMLA, which allows for 12 weeks of unpaid leave for eligible employees.

South Dakota

South Dakota also follows FMLA guidelines for parental leave, offering 12 weeks of unpaid leave for eligible employees. The state does not provide any state-specific paid parental leave benefits.

Tennessee

Tennessee adheres to FMLA regulations, providing up to 12 weeks of unpaid leave for new parents. The state does not have its own paid leave program.

Texas

Texas also has no specific law for paid parental leave. Employers follow the FMLA, which offers 12 weeks of unpaid leave for parental reasons.

Utah

Utah does not have a state-specific paid parental leave policy. Employers follow FMLA, offering 12 weeks of unpaid leave. Public employees may be eligible for limited paid parental leave.

Vermont

Vermont provides unpaid parental leave under the Vermont Parental and Family Leave Act (VPFLA) for businesses with 10 or more employees. Employees can take up to 12 weeks of unpaid leave, and the state follows FMLA guidelines for eligibility.

Virginia

Virginia follows the FMLA’s 12-week unpaid leave policy for parental leave. There is no state-mandated paid parental leave.

Washington

Washington State offers up to 12 weeks of paid family leave under the Washington Paid Family and Medical Leave (PFML) program. This benefit allows employees to receive a portion of their wages while taking parental leave.

West Virginia

West Virginia adheres to the FMLA guidelines, offering new parents 12 weeks of unpaid leave. There are no state-specific paid parental leave programs.

Wisconsin

Wisconsin has its own Family and Medical Leave Act (WFMLA), which allows for up to six weeks of unpaid leave for parental bonding, in addition to the federal FMLA protections.

Wyoming

Finally, Wyoming follows the FMLA for parental leave, offering 12 weeks of unpaid leave for eligible employees. The state does not have additional paid parental leave mandates at this time.

Maintain Compliance With Mosey

Parental leave law compliance can be extensive, especially for multi-state employers. Several states are set to implement new paid parental leave laws, and others are reviewing possible paid leave law requirements. The issue is constantly evolving, and employers need to be prepared.

Mosey’s compliance management platform can help your organization track state and local requirements, like those governing parental leave laws. Book a demo with Mosey to learn how we can help you streamline compliance today.