As more states adopt their own paid family and medical leave programs, the patchwork of state leave laws continues to expand—and with it, the compliance challenges employers face. Understanding both the federal Family and Medical Leave Act (FMLA) and individual state family and medical leave laws can help protect employees’ rights and support organizational compliance.
According to Marsh McLennan Agency’s (MMA) 2025 Disability & Leave Benchmarking Report, staying compliant with state and local leave laws remains employers’ top concern for the third year in a row—rising from 39% in 2024 to 45% in 2025. As more states join the list of those offering paid leave, employers may find that even well-intentioned policies can create risk if they aren’t regularly reviewed and aligned across jurisdictions.
Overview of FMLA
Definition of the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave within a 12-month period for certain family or medical reasons. It applies to private employers with 50 or more employees, as well as public agencies and schools.
Key provisions and eligibility requirements
To qualify for FMLA, an employee generally must:
- Work for a covered employer
- Have been employed for at least 12 months
- Have worked 1,250 hours in the past year
- Work at a location where the employer has 50 or more employees within 75 miles
Eligible reasons for FMLA leave may include:
- The employee’s serious health condition
- Caring for a spouse, child, or parent with a serious health condition
- The birth, adoption, or foster placement of a child
- Certain situations related to a family member’s military service
Duration and types of leave covered
Eligible employees may take up to 12 weeks of unpaid leave within a 12-month period, or up to 26 weeks to care for a covered service member with a serious injury or illness.
While FMLA leave itself is unpaid, employees may be required—or allowed—to use accrued paid leave (such as PTO or sick days) during their FMLA period.
State-specific leave laws
Overview of variations in state laws
In addition to the federal FMLA, many states have enacted their own family and medical leave laws that may provide broader coverage or paid benefits. As of 2025, nine states plus Washington, D.C., have active paid family and medical leave programs: California, Colorado, Connecticut, Massachusetts, New Jersey, New York, Oregon, Rhode Island, and Washington.
Hawaii and Puerto Rico also mandate paid disability leave, though they do not currently include paid family leave.
Beginning in 2026, Minnesota, Maine, and Delaware will also be implementing new paid family and medical leave programs.
State-specific eligibility criteria
Eligibility rules and benefit levels vary by state. For example:
- In California, in addition to 12 weeks of, job protected, paid family leave California also provides an additional leave period of up to 4 months for employees disabled by pregnancy, childbirth, or a related medical condition.
- New York offers 12 weeks of paid family leave at a percentage of the employee’s average weekly wage.
- Massachusetts provides up to 20 weeks of combined paid family and medical leave annually.
These programs are typically funded through payroll taxes shared by employers and employees.
Consequences for employees not eligible for FMLA
If an employee doesn’t meet federal FMLA eligibility (for example, working for a small employer or not meeting tenure requirements), they may not have job protection under federal law. However, state leave laws may still apply.
Alternative leave options available
Employees may qualify for:
- State paid family and medical leave (PFML)
- Short-term disability benefits
- Company-specific paid leave programs
According to MMA’s 2025 benchmarking survey, 56% of organizations now manage leave compliance internally, reflecting an increased focus on consistency across federal and state laws.
Employer obligations under state laws
Even if employees aren’t covered by FMLA, employers are generally required to comply with applicable state family and medical leave laws, which may include wage replacement or job protection provisions. Employers who do not comply may face penalties or lawsuits.
Resources for employees and employers
- U.S. Department of Labor: FMLA Overview
- National Partnership for Women & Families: State Paid Leave Laws
- Marsh McLennan Agency: State Leave Laws Overview
If you have questions about your eligibility or compliance responsibilities, contact:
- Your HR representative or benefits administrator
- A state labor department office
- MMA’s HR Consulting team for compliance guidance and benchmarking insights
As state leave laws continue to evolve, employers who proactively review their policies and understand both federal and state family and medical leave laws may help themselves stay compliant, reduce risk, and build stronger support systems for their workforce.
To see how your leave policies compare to peers and learn strategies for staying compliant as new state laws take effect, download MMA’s 2025 Disability and Leave Benchmarking Report.
