State DI/PFML Programs Status

The California Paid Leave Program became effective January 1, 2004. The program provides paid time off benefits when an eligible worker experiences a non-work-related disability under California State Disability Insurance. The maximum leave period in a 12-month period for a workers own disability is 52 weeks. The program also provides paid Family Leave benefits to eligible workers to care for a seriously ill family member, bond with a new child or spend time with a family member preparing for active duty military service. The maximum leave period in a 12-month period for Paid Family Leave benefits is 8 weeks. An eligible employee can receive benefits of 60 – 70% of their weekly wages earned during a specified period. The program is funded through employee payroll contributions; however, employers can choose to pay for their employees’ contributions. The contribution rate and wage cap is recalculated annually and is subject to change. The maximum weekly benefit is also calculated annually and is subject to change. The benefits received a max benefit of $1,620/week.

Connecticut Family and Medical Leave Act
Connecticut combines short-term disability coverage for workers with family leave in its PFML program. One of the most generous programs in the country, with a very broad definition of who qualifies as a family member under the plan, Connecticut PFML pays 95% of an employee’s average weekly wage up to 40 times the state minimum wage, and then 60% of the average weekly wage up to 60 times the state minimum wage, with a maximum weekly benefit is $941.40 for 2024.

Connecticut PFML went into full effect in January 2022.

Connecticut Paid Family Leave

Massachusetts fully rolled out its family and medical leave benefits on January 1, 2021, although paid leave to care for a family member with a serious health condition did not go into effect until July 1, 2021.

Paid leave under Massachusetts FMLA varies based on the reason for the leave, ranging from 12 weeks to care for a family member or a child, up to 26 weeks to care for a family member in the military who has a serious health condition. Medical leave for the employee can last up to 20 weeks.
Employers with 25 or more employees in MA are required to deduct and remit employer and employee contributions. For 2024, the total rate for large employers is 0.88% shared between the employer and employee.
The maximum weekly benefit amount for 2024 is $1,149.90

On May 25th, 2023, Minnesota governor Tim Walz signed a Paid Family and Medical Leave program into law. Contributions to the program as well as benefit payments are set to begin on January 1, 2026.

As the 12th state to join the growing number of jurisdictions that have enacted paid family and/or medical leave programs, Minnesota is currently working to develop regulations and guidelines for the program.

MA Paid Family Medical Leave

The Maryland General Assembly voted to enact Senate Bill 275, the Time to Care Act of 2022 (“Act”), creating a paid family and medical leave program for covered workers in the state of Maryland. Contributions are set to begin on October 1, 2023, and benefits are set to begin on January 1, 2025. Eligible workers are expected to be eligible for up to 12 weeks of paid time off to care for their own medical need, care for a family member with a serious health condition, bonding or placement of a child along with addressing needs related to military deployment. Maryland has posted that more updates should be available after June 1, 2023. More updates will be provided as developments in this program occur.

Maryland Paid Family Leave

New Jersey’s Family Leave Insurance is written by the state as a rider to Temporary Disability Benefits (TDB) insurance. Insurance brokers can help their clients privatize TDB coverage for better service and reduced premium costs.

New Jersey Family Leave Insurance

New York was one of the first states to introduce a Paid Family Leave (PFL) program underwritten privately by the same insurance brokers that provide DBL short-term disability coverage in New York. In 2017, when PFL was introduced, it was written as a rider to DBL. Today, brokers can write a separate policy for PFL, offering lowering premiums and better service.

In 2021, New York PFL was fully rolled out, offering 67% of an employee’s average weekly wage.

New York Paid Family Leave

The Washington Paid Family and Medical Leave (WA PFML) program became effective January 1, 2020. The program provides paid time off benefits when an worker employee experiences a serious health condition that prevents them from working or when time is needed to care for a family member, bond with a new child or spend time with a family member preparing for military service overseas. In general, WA workers are eligible for up to 12 weeks of PFML leave per year. Workers may qualify for up to 16 weeks of PFML if they have more than one qualifying event. If someone experiences a condition in pregnancy or birth that results in incapacity, they may be eligible for up to 18 weeks of paid leave. The maximum amount of combined family and medical leave that an individual may take is 18 weeks per benefit year. Washington PFML is funded through premiums paid by both employee and employers. The premium rate is subject to change annually. Eligible employees can receive up to 90% of their weekly pay subject to a maximum weekly benefit. The maximum weekly benefit is recalculated annually as it is based on the state’s average weekly wage. Employees can take their leave on an intermittent basis or all at once. The benefits received a max benefit of $1427/week.

Colorado recently announced its FAMLI (Family and Medical Leave Insurance) program, which will be fully rolled out by 2024. Employers are to begin deducting premiums in January 2024.

The program is funded through employer and employee contributions which began on January 1, 2023. The rate is set at 0.90% of wages up to the current Social Security wage cap. The contribution rate is shared between employers (0.45%) and employees (0.45%).

Colorado Paid Family Leave

Oregon Paid Leave (PFMLI)
Oregon joins the many states with a paid family and medical leave plan set to go into effect in 2023. Employers must remit premiums for Oregon Paid Leave by January 1, 2023, and employees can claim benefits starting September 3, 2023.

Benefits vary based on the state average weekly wage and the employee’s average weekly wage, but cannot be less than 5% of the SAWW or more than 120% of the SAWW. Oregon business owners will have the opportunity to write an equivalent plan, approved by the state, through a private carrier.

Paid Leave Oregon: PFMLI

The Rhode Island Leave program provides 2 covered leaves: Temporary Disability Insurance – TDI (for medical leaves) and Temporary Caregiver Insurance – TCI (for family leaves). TDI is income support for eligible workers out of work for non-work related illness or injury; TCI is income support for eligible workers out of work to care for a seriously ill covered family member or to bond with a newborn, adopted or foster child. Temporary Disability and Temporary Care Insurance are both funded entirely through worker payroll deduction. Contribution rate and wage maximums for calculation are recalculated annually and subject to change. There is no waiting period for TDI/TCI; however, the worker must be unable to work for at least 7 days. For Medical (TDI) the maximum Leave Duration in a 52-week period is 30 weeks. For Family (TCI) the Maximum Leave Duration in a 52-week period is 6 weeks. Leaves can be taken on an intermittent or all at once basis. The weekly maximum benefit is 4.62% of the wages earned in the highest quarter of the base period and employees with dependents have a different maximum benefit than those without dependents. The benefits received a max benefit of $1,007 and with max dependents $1,359/week.

The Hawaii TDI law was enacted in 1969, which requires employers to provide partial “wage replacement” insurance coverage to their eligible employees for nonwork-related injury or sickness, including pregnancy. The law provides eligible employees with up to 26 weeks of wage replacement per benefit year. Hawaii TDI is funded through contributions and can be funded entirely by employers or shared between employers and employees; however, employee contributions cannot exceed 0.5% of weekly wages or $6.59 the maximum weekly deduction based on the state’s base wage of $1,318.48 for 2023. Eligible employees can receive up to 58% of their average weekly wage rounded to the next higher dollar up to a maximum of $765 for 2023. The maximum weekly benefit is recalculated annually as it is based on the state’s average weekly wage.

New Hampshire Paid Family and Medical Leave (NH PFML) plan is a first in the nation, state-sponsored, voluntary insurance plan where NH employers and eligible NH workers can purchase PFML insurance providing 60% wage replacement (up to the Social Security wage cap) for up to six weeks per year for absences from work for a worker’s own serious health condition including child birth, to bond with a child during the first year of birth, including placement for adoption or fostering; for a worker to care for a family member with a serious health condition; for a qualifying urgent demand or need arising out of military exigency; or to care for a covered service member with a serious injury or illness. MetLife is a chosen insurance vendor for the NH PFML program that meets their business needs (within regulations set by the state). Employers are not required to participate in the NH PFML program; however, employees of employers who do not participate are eligible to opt in individually and employers with 50+ workers must collect and remit premium payment through payroll deductions. Employers must restore workers to the position they held prior to leave and continue to provide health insurance during leave with workers paying any shared costs.

On December 6, 2022, Vermont Governor Phil Scott announced that the state will launch a voluntary Paid Family and Medical Leave program that will provide workers in the state with such leave insurance by 2025. The Vermont Family and Medical Leave Insurance Plan (VT-FMLI) will start being offered to state employees in July 2023, and then will be rolled out to other private employers and employees over the next two years. Under the first phase of the plan, Vermont state employees will be able to receive 60% wage replacement for up to 6 weeks beginning in July 2023. Qualified events are the birth of a child, care of a newborn, or foster or adoptive child placement up to one year after birth or placement; care for an eligible workers covered family member; the employees own serious health condition; and a qualifying military exigency for a covered family member. The program will be rolled out in 3 phases. Phase I will begin for Vermont state employee on July 1, 2023. Phase II, beginning on July 1, 2024 will expand to include other private and non-state public employees with two or more employees on a voluntary basis. Phase III, beginning on July 1, 2025, for employees whose employer does not offer VT-FMLI, self-employed individuals and employers with one employee will be able to purchase coverage through the program through an individual purchasing pool. Vermont has partnered with the chosen insurance carrier vendor, The Hartford to develop the program.

On May 10, 2022, Governor John Carney signed the Healthy Delaware Families Act into law. The program will provide eligible Delaware workers job-protected paid leave benefits for up to 12 weeks for parental leave every year and up to a combined six weeks every two years for employees own serious medical needs, care of family members and military exigency. Except for parental leave benefits, an employee is only eligible for benefits once in a 24-month period. Contributions are set to begin on January 1, 2025 with benefits set to begin on January 1, 2026. More updates will be provided as developments in the program occur.

Delaware Paid Family Leave

On July 1, 2020 the District of Columbia began administering paid leave benefits. The program provides paid time off when a worker experiences a serious health condition (including pregnancy), needs to care for a family member with a serious health condition or bond with a child. In general, DC workers are eligible for up to a maximum of 12 weeks of PFML leave per benefit year. Workers may qualify for an additional 2 weeks for prenatal medical care leave. DC Paid Family and Medical Leave is funded through payroll tax and is paid entirely by employers. The premium rate is subject to change annually. Eligible employees can receive up to 90% of their average weekly wage for a covered leave up to a maximum benefit of $1,049 for 2023. The maximum weekly benefit is recalculated annually as it is based on the state’s average weekly wage. Workers can take leave on an intermittent basis or all at once.

Under MN PFML, Minnesota workers will be able to take paid time away from work to care for a family member or bond with a new child. Paid leave is also available for an employee’s own serious health condition or off-the-job injury. As in other states, workers’ compensation covers on-the-job illnesses or injuries.

The DBL Center is here to help insurance brokers and their Minnesota clients navigate Paid Leave laws and privatize benefits. We work with top-rated carriers to ensure that private plans meet or exceed the benefit amounts and duration of state insurance, with premium costs that are the same or lower.

Minnesota Paid Leave

Increasingly, state governments are introducing paid family leave programs to help support working parents or those who have to care for ill or aging family members. Many states include medical leave for workers in these programs, too.

On July 11, 2023, Maine governor Janet Mills signed a Paid Family and Medical Leave program into law. Maine PFML is set to begin in 2026, with contributions to start in January 2025.

As the 13th state to introduce some form of required paid family and medical leave, Maine legislators have several blueprints to follow regarding the rules, contributions, and qualifications.

Maine Paid Family Leave