The State Of Employment Law: 13 States Have Paid Family And Medical Leave Programs

In this series, we will explore some of the ways states vary from one another in their employment laws.

Minnesota's Paid Family and Medical Leave program will be effective on January 1, 2026. The program is a form of insurance like unemployment insurance and, like unemployment, it applies to employers with one or more employees in the state. Employees will pay a small part of their wages into an insurance fund each pay period; employers are also required to contribute. When an employee takes leave for their own or a family member's serious health condition, for parental leave, for reasons related to a family member's military deployment, or because the employee or their family member is a victim of sexual assault, domestic abuse, or stalking, they can apply to the state for benefits and receive partial wage replacement for up to 12 weeks of family leave, up to 12 weeks of medical leave, or up to 20 weeks total per benefit year. The leave is protected and an employer cannot terminate the employee for using leave.

Minnesota is not the only state with a paid leave insurance program. California, Colorado, Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Rhode Island, and Washington also have paid family and medical leave insurance programs. The details of these programs vary from state to state, with some states offering different leave periods and different benefit payments, and some laws such as New Jersey's do not provide job protection during the leave, but the basic concept remains the same. Employers that have employees in these states should ensure that they are enrolled where required and that legally-required contributions to the program are being made.

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