Dec. 17, 2021
As of September 2022, 11 states plus the District of Columbia (D.C.) have or will soon have statewide paid family and medical leave programs in place. Eight— California, Connecticut, D.C. Massachusetts, New Jersey, New York, Rhode Island, Washington—currently make paid leave benefits available to workers. Two more states—Colorado and Oregon—are slated to begin offering paid leave benefits to workers in 2023 and 2024, respectively. And, in 2022, two additional states passed paid family and medical leave programs: Maryland and Delaware will create new programs that will start providing benefits to workers in 2025 and 2026, respectively.
This explainer is a companion to our explainer on Federal FMLA and State Paid Leave Program Usage and Coverage. It seeks to answer policymakers' questions about paid family and medical leave program design, including the benefits the programs' offer and the methods states use to fund their comprehensive programs. It summarizes and compares the wage replacement people receive, the duration of time for which benefits are available, and the financing of the programs in each state's enacted program. It shows the benefits that state paid leave programs deliver for a small cost.
The COVID-19 pandemic has proven the value of paid family and medical leave programs and catalyzed additional state action and federal efforts. Colorado became the first state to pass a new paid leave program during the pandemic. Voters there approved Proposition 118 with 57 percent of the vote—the first state to pass a paid leave program by voter initiative instead of through the legislature. Legislators in Maryland and Delaware followed in 2022. At the federal level, the House Ways & Means committee adopted a strong federal paid leave proposal as part of its work on the large-scale Build Back Better Act, and a scaled-down version passed the House of Representatives in November 2021. However, negotiations over the large package fell apart in the Senate and federal lawmakers failed to include paid leave in their slimmed down health care, climate and tax reform package in August 2022. Now, until a new federal window opens, states will continue to lead the way.
Paid Leave Wage Replacement Supports Workers and Families
Paid leave prevents workers and their families from falling down a financial rabbit hole when breadwinners need time away from their jobs to care for a loved one or address their own serious health issue. In 2018, Brandeis University researchers estimated that a typical worker will forgo more than $9,500 in lost wages to take 12 weeks of family or medical leave without pay. While on leave, workers still need to afford basic expenses to keep their families afloat, and paid leave provides the security to meet these basic financial obligations.
The country’s first two paid family leave programs, in California and New Jersey, began by replacing a fixed percentage of a worker’s typical wages when the worker needed to take paid family or medical leave (55 percent and 67 percent, respectively); each state has subsequently raised their wage replacement rates, California to 60 percent for most workers and 70 percent for the lowest-wage workers, and New Jersey to 85 percent. Rhode Island (60 percent) and New York (67 percent) also take this fixed percentage approach. A weekly cap on the benefits a worker can receive functions to provide a declining share of replaced wages to higher-wage workers, recognizing that they are more likely to receive supplementary benefits from their employers and more likely to have savings to use during a period of unpaid leave.
Most newer programs have adopted a sliding-scale approach to paid leave benefit payments and provide higher wage replacement to lower-wage workers; this helps to make leave more affordable and accessible to people who are often living paycheck to paycheck.
- Washington state’s program, which began paying benefits in January 2020, pioneered progressive wage replacement, replacing 90 percent of wages for low-wage workers and a blended rate for everyone else.
- D.C.'s program, which began making benefits available on July 1, 2020, also adopts this sliding scale model, providing low-wage workers with 90 percent of their typical wages and a blended rate for middle- and higher-wage earners.
- Massachusetts' program, which made benefits available for most purposes on January 1, 2021 and all covered purposes on July 1, 2021, replaces 80 percent of wages for lower-wage workers and offers a blended rate for others.
- Connecticut's program, which began accepting applications in December 2021 and paying benefits on January 1, 2022, provides 95 percent of wages for lower-wage workers and a blended rate for all others.
Three of the four newest, soon-to-be-implemented state programs also embrace this model—Oregon will provide low-wage workers with 100 percent of their wages; Colorado and Maryland will provide 90 percent. In these states, middle-wage workers typically receive roughly 60 percent to 70 percent of their wages, and higher income workers receive less. Delaware will follow the older model of using one wage replacement rate, but follows the best-practices recommended by researchers to set wage replacement at 80 percent of a workers' average weekly wage—a rate that will allow lower-wage workers to use the paid leave they need without falling into poverty and enabling middle-wage workers to continue to meet their basic household expenses.
Figure 1 shows the approximate benefit that workers at different wage levels, can expect to receive in each state's current or forthcoming program. Additional scenarios are illustrated in Table 1 (click here). Table 1 shows approximate wage replacement for workers who are paid minimum wage, average weekly wages or fractions or multiples of the state average weekly wage in each state. Notes - below provide more information about wage replacement rates and links to state-specific resources.
In order to compare apples-to-apples, Figure 1 (below) and Table 1 (here) calculate benefits using the 2022 minimum wage and the state average weekly wages that will be used to calculate paid leave, workers' compensation or unemployment benefits in 2022; this means that, for programs that have not yet been implemented, benefit amounts shown are lower than they will be at the time of implementation because of forthcoming scheduled minimum wage increases and likely increases in the state average weekly wage.
Paid Leave is Funded Sustainably and Affordably
State programs are funded through small, mandatory payroll deductions from employers, employees or both. In each state other than New York, the money is pooled into a statewide fund from which benefits are paid; in New York, private insurers and a state insurance fund, similar to a public option, exist side-by-side. In 2022, payroll deductions in Washington state rose slightly—adjusting for increased demand after the program's first two years—while in California, New Jersey, Massachusetts and D.C., they were reduced in the programs' early years.
The programs in California, New Jersey, New York and Rhode Island have funded personal medical leave programs through Temporary Disability Insurance (TDI) in this way for decades, and each added paid family leave benefits funded in a similar way in 2002 (California), 2008 (New Jersey), 2013 (Rhode Island), and 2016 (New York).
In July 2019, Washington state and D.C. started collecting the payroll deduction premiums to fund their new programs; Washington’s began paying benefits in January 2020 and D.C. began paying benefits in July 2020. Massachusetts premium collections began in October 2019 and benefits became available to workers in 2021 over a six month phase-in: personal medical leave, military exigency leave, and new child bonding leave began in January, and family caregiving leave began in July 2021. Connecticut began collecting premiums for its new program in 2021 and paying benefits in 2022.
Oregon was originally scheduled to begin collecting premiums in 2022, but revenue collection was delayed until January 2023; the program is set to begin delivering benefits to workers in September 2023. Colorado will also begin collecting premiums in January 2023 and begin delivering benefits in 2024. Maryland will begin to collect premiums in October 2023 and start paying benefits in January 2025. Delaware's contributions will begin in January 2025 and the state program will begin paying benefits in January 2026. States need to build up their funds before beginning to make wage replacement benefits available to workers, hence the lag time between the passage of legislation, the collection of premiums and the availability of benefits to workers.
Table 2 shows the contribution levels for employees and employers and the taxable wage base on which premiums are calculated. To provide context for what these contributions "buy" in terms of the paid family and medical leave available to workers, Table 3 provides each state's duration of paid leave.
Notes - below provide more information about payroll tax rates, benefit caps and duration, along with links to state-specific resources.
Paid Family Leave is Care for All Family
The family caregiving portion of nearly all state paid leave programs allows workers to take paid leave to care for a range of family members—parents, spouses, children, and grandparents in all; and grandchildren, siblings, parents-in-law, and domestic partners in most—and four newer or newly expanded laws also include “chosen” family members to whom the worker is related by blood or affinity.
The funding for the programs is (or, for new programs is anticipated to be) sufficient to cover all the caregiving purposes the laws include. Experience shows the inclusion of extended family members does not add appreciably to program costs and that broad family coverage is particularly important to ensure that people of color who disproportionately have extended family care responsibilities, LGBTQ people, and people with disabilities and their caregivers can realize the promise of paid leave programs.
State models show that paid leave provides substantial financial security to working people, at minimal individual cost, usually for an adequate number of weeks. Federal lawmakers can use these parameters to help design a national paid family and medical leave program.
Former Better Life Lab staff Haley Swenson and Jahdziah St. Julien, research assistant Kelly Rolfes-Haase and intern, Leah Crowder, assisted with the development of an earlier version of this explainer.
 In California, the benefit amount depends on highest quarter of earning during a Base Period (first four of last completed calendar quarters before starting date of claim). If the highest quarterly earnings are less than $928.99, weekly benefit is $50; between $929-$5,741.66, weekly benefit is 70% of earnings; above $5,741.66, weekly benefit is 60% of earnings. The maximum benefit in 2022 is $1,540. See https://www.edd.ca.gov/about_edd/pdf/edddiforecastoct21.pdf and a table of benefits by prior quarterly earnings.
 In New Jersey, as of July 1, 2020, claimants are paid 85% of their average weekly wage. In 2022, the maximum weekly benefit is $993 per week. See https://myleavebenefits.nj.gov/labor/myleavebenefits/worker/fli/index.shtml?open=caregiver. Prior to July 2020, claimants were paid two-thirds (2/3) of their average weekly wage, up to a maximum of $667 per week.
 In Rhode Island, the wage replacement is equal to 4.62% of the wages paid to employee in the highest quarter of Base Period. In 2022, the maximum benefit is $978 and minimum benefit is $114.00. See https://dlt.ri.gov/sites/g/files/xkgbur571/files/2021-12/quickref_0.pdf
 In New York, as of 2021 after four years of scaling up, the wage replacement rate reached its full amount: 67% of employee's weekly wage up to 67% of the state average weekly wage (SAWW). The maximum benefit in 2022 is $1068. See https://paidfamilyleave.ny.gov/benefits
 In Washington, the wage replacement rate is 90% of employee's wage up to 50% of SAWW plus 50% of employee's wage over 50% of SAWW. Maximum benefit in 2022 is $1327 (90% of SAWW). Minimum benefit is $100/week. See https://paidleave.wa.gov/estimate-your-paid-leave-payments/.
 In the District of Columbia, the wage replacement calculation is based on the minimum wage. The replacement rate is 90% of employee's wage up to 150% of DC's minimum wage x 40 plus 50% of employee's wage over 150% of DC's minimum wage x 40. Maximum benefit is $1000/week for 2022. See https://code.dccouncil.us/dc/council/laws/21-264.html.
 In Massachusetts, the wage replacement rate is 80% of employee's wage up to 50% of SAWW plus 50% of employee's wage over 50% of SAWW. Maximum benefit for 2022 is $1084, which is 64% of SAWW. See https://www.mass.gov/orgs/department-of-family-and-medical-leave.
 In Connecticut, the wage replacement calculation is based on the minimum wage. Replacement rate will be 90% of employee's wage up to minimum wage x 40 plus 60% of employee's wage over minimum wage x 40. Maximum benefit is minimum wage x 60, which is $780 through June 2022 and will rise to $840 on July 1, 2022 and to $900 on June 1, 2023 with increases in the minimum wage. See https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=SB-1 (page 11) and https://ctpaidleave.org/s/employee-landing-page?language=en_US.
 In Oregon, the wage replacement rate will be 100% of employee's wage up to 65% of SAWW plus 50% of employee's wage over 65% of SAWW. Maximum benefit is 120% of SAWW and minimum benefit is 5% of SAWW. See https://olis.leg.state.or.us/liz/2019R1/Downloads/MeasureDocument/HB2005/Enrolled (page 5).
 Colorado's wage replacement formula follows Washington state's: 90% of employee's wage up to 50% of SAWW plus 50% of employee's wage over 50% of SAWW. The maximum benefit will be calculated at 90% of SAWW after January 1, 2025. For the program's first year, the maximum benefit will be $1100; the statute does not specify a minimum benefit. See https://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2019-2020/283Final.pdf (page 6).
 Maryland's wage replacement rate is 90% for workers with an individual average weekly wage that is 65% or less of SAWW plus 50% of wages that are above 65% of SAWW. The maximum benefit will be $1,000/week for 2025 (the program's first year) and will be adjusted annually beginning on January 1, 2026;the minimum benefit is $50/week. See https://mgaleg.maryland.gov/2022RS/bills/sb/sb0275E.pdf (pages 22-23).
 Delaware's wage replacement rate is 80% of the individual's average weekly wage, up to a cap of $900 per week in the program's first two years (2026 and 2027), with annual adjustments thereafter. The minimum benefit is $100/week (including full wage replacement for workers who make less than $100 per week but are otherwise eligible for the program). See https://legis.delaware.gov/SessionLaws/Chapter/GetPdfDocument?fileAttachmentId=541384 (page 5).
 Some states permit employers to self-insure or to purchase third-party insurance; the state regulates and enforces this process but, with the exception of New York, very few employers participate in these voluntary plans and participate in the state fund.
 In California, the law was passed in 2002, implemented in 2004, and has been amended multiple times. The maximum length of family leave increased from 6 to 8 weeks on July 1, 2020. See http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB83. For tax rate and wage base information, see https://www.edd.ca.gov/Payroll_Taxes/What_Are_State_Payroll_Taxes.htm. On January 1, 2021, individuals became eligible to receive up to 6 weeks of military exigency leave. See https://www.edd.ca.gov/pdf_pub_ctr/de2530.pdf.
 In New Jersey, 2019 legislation made changes to the state paid family leave program. Some changes took effect in January 2020 and others took effect on July 1, 2020. For tax rate and wage base information for family leave, see https://myleavebenefits.nj.gov/worker/fli/ and for TDI, see https://myleavebenefits.nj.gov/worker/tdi/ and https://myleavebenefits.nj.gov/labor/myleavebenefits/employer/index.shtml. Note that the TDI contribution for employers varies (for 2022, between $39.80 and $298.50 on the first $39,800 of an employee's earnings).
 In Rhode Island, for tax rate and wage base information, see https://dlt.ri.gov/sites/g/files/xkgbur571/files/2021-12/quickref_0.pdf. Rates came down between 2021 and 2022, from 1.3% to 1.1% of an employee's wages, up to the taxable cap. Note that Rhode Island allows for a maximum of 30 weeks of combined annual disability and family leave. See http://www.dlt.ri.gov/tdi/tdifaqs.htm.
 In New York, for tax rate and wage base information for family leave, see https://paidfamilyleave.ny.gov/cost. The taxable wage base cap is equal to the state average weekly wage. Employers are required to provide TDI and may take up to a 0.50% payroll tax from employees to cover benefits (but only up to $0.60 per week). See http://www.wcb.ny.gov/content/main/offthejob/db-overview.jsp. New York's paid family leave can be used for military exigency leave.
 In Washington, for tax rate and wage base information, see https://resources.paidleave.wa.gov/premiums. The taxable wage base cap is the Social Security cap. Small businesses with fewer than 50 employees are not required to contribute to premiums but are incentivized to do so. In terms of duration, some individuals can qualify for up to 16-18 weeks combined leave (e.g., individuals who experience complications in pregnancy may be eligible for 18 weeks of leave). Washington's law includes military exigency leave. See https://paidleave.wa.gov/find-out-how-paid-leave-works/.
 In the District of Columbia, for tax rate information, see https://dcpaidfamilyleave.dc.gov/employers/. D.C. extended the duration of paid medical leave from 2 weeks to 6 weeks temporarily, beginning October 1, 2021, and added 2 weeks of prenatal leave, but still caps the total amount of leave that any one individual can take in a year at 8 weeks. See https://dcpaidfamilyleave.dc.gov/workers/.
 In Massachusetts, for tax rate and wage base information, see https://www.mass.gov/info-details/family-and-medical-leave-contribution-rates-for-employers. Small businesses with fewer than 25 employees are not required to contribute to premiums. The taxable wage base cap is the Social Security cap. Note that the maximum length of leave is capped at 26 weeks per year (and maximums of 12 weeks of family leave, 20 weeks of medical leave, and 26 weeks to care for a wounded service member). See https://www.mass.gov/guides/workers-guide-to-paid-family-and-medical-leave#-worker-contribution-rates-.
 In Connecticut, for tax rate and wage base information, see https://www.cga.ct.gov/2019/ACT/pa/pdf/2019PA-00025-R00SB-00001-PA.pdf. Employees began making contributions on January 1, 2021 and the Connecticut program began accepting applications for leaves in December 2021 for leaves that were to begin on or after January 1, 2022. The taxable wage base cap is the Social Security cap. Note that the maximum annual length of leave is 12 weeks plus an additional 2 weeks for a health condition resulting from pregnancy. Connecticut's law includes both military exigency leave and "safe" leave for survivors of family violence. Connecticut caps military exigency leave at 26 weeks per two-year period.
 In Oregon, for tax rate and wage base information, see https://www.dwt.com/-/media/files/employment-advisor/hb2005.pdf?la=en&hash=AFAC8E007A617F3D03B28DA8893EAF97. The taxable wage base cap is the Social Security cap. Oregon’s law includes “safe leave” for survivors of domestic violence, sexual assault and stalking. Small businesses are not required to contribute to the program, similar to Washington state and Massachusetts.
 In Colorado, the statute prescribes tax rate and wage base information. The taxable wage base is the Social Security cap. Small businesses are not required to contribute to the program, similar to Washington state, Massachusetts and Oregon. Colorado's law includes both military exigency leave and "safe" leave for survivors of domestic violence, stalking and sexual assault. https://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2019-2020/283Final.pdf.
 In Maryland, the statute directs the Secretary of Labor and other state officials to set an initial tax rate of between .25% and .75% each for individuals and businesses with 15 or more employees. Businesses with fewer than 15 employees are exempted from contributing to the fund. In addition, for the first two years of the program, the legislature's intent is for the state to contribute to the fund for workers who are paid $15/hour or less - this is a unique feature that is distinct from other paid leave programs. The taxable wage base is the Social Security cap. Maryland's law covers military exigency leave. https://mgaleg.maryland.gov/2022RS/bills/sb/sb0275E.pdf
 In Delaware, the statute prescribes the tax rate but does not specify a limit on the taxable wage base. Delaware's contribution amounts are subdivided by statute for each type of leave - parental, medical and family care - and the statute includes a trigger that would reduce benefit levels if contribution amounts exceed 1%. In addition, Delaware's coverage and eligibility rules are restrictive: businesses with fewer than 10 employees are not covered, either for contributions or for benefits to workers; businesses with 11 to 24 workers only contribute for parental leave and their employees are only covered for parental leave. Even within covered businesses, only workers who meet FMLA eligibility criteria (one year of job tenure and at least 1,250 hours of work in the prior year) are eligible for paid family and medical leave benefits. Delaware's law includes military exigency leave. See https://legis.delaware.gov/SessionLaws/Chapter/GetPdfDocument?fileAttachmentId=541384
Updated on September 22, 2022 to reflect changes to existing programs and the adoption of new state paid leave programs since this document was last updated in December 2021. This document is updated periodically to reflect changes in the policy landscape.