In the intricate world of employment regulations, the Family and Medical Leave Act (FMLA) is a pivotal legal pillar in the workplace that grants eligible individuals the right to take unpaid, job-protected leave for specific family and medical reasons.
However, U.S. businesses operating across multiple states makes applying FMLA unique to individual scenarios. Each state contributes its own nuances, regulations, and provisions to the broader federal framework.
This comprehensive guide covers the federal FMLA law and each state family and medical leave laws, including the requirements, eligibility criteria, and local regulations employers must consider to ensure compliance with state-specific leave laws.
Table of Contents:
- What is FMLA?
- How To Apply For FMLA Leave?
- Family and Medical Leave Laws By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
What is the Family and Medical Leave Act of 1993 (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal labor law that provides eligible employees with job protection for specific family and medical leave for up to 12 weeks.
The primary purpose of FMLA is to balance workplace demands with the needs of employees who require time off for qualifying life events.
1. FMLA Eligibility
To be eligible for FMLA leave, employees must have:
- Worked for their employer for at least 12 months.
- Accumulated at least 1,250 hours of service during the last 12 months.
- The employer must have at least 50 employees within a 75-mile radius.
2. Qualifying Reasons for Leave
Eligible employees can take up to 12 weeks of unpaid, job-protected leave for a variety of reasons, including:
- The birth or adoption of a child
- Having to receive treatment for a physical or mental health condition
- Having to care for a sick family member
- Certain military-related events (including foreign deployment).
Eligible employees can also take up to 26 weeks of leave in 12 months to care for a service member with a serious health condition, such as a severe injury or illness.
3. FMLA Job Protection
During FMLA leave, employers must maintain the employee’s health benefits and guarantee the employee’s job or an equivalent position upon their return.
While FMLA leave is generally unpaid, employees can integrate accrued paid time off (PTO) to supplement their income during the leave period, enhancing financial stability during challenging times.
4. FMLA Intermittent Leave
FMLA allows for intermittent leave or a reduced work schedule when medically necessary, providing flexibility for employees to address serious health conditions without taking extended continuous leave.
Employees must receive their employer’s approval to take intermittent FMLA leave.
How to Apply for FMLA Leave
In general, employees must follow general PTO request procedures to apply for FMLA leave. They may also be required to fill out an FMLA-specific form.
A typical FMLA leave request should include:
- Advance notice: The employee should give at least 30 days’ notice for foreseeable leave. If notice is not possible due to an emergency, they should request leave as soon as possible.
- Explain the reasons: Although they don’t need to provide sensitive medical details, they should give the HR department enough information to verify if they are eligible for FMLA leave.
- Provide certification: If the employer requires certification, the employee has 15 business days to provide it.
Please note that employees should notify the employer of any changes in their condition or if their leave needs to be adjusted.
What Happens If an Employee Isn’t Eligible for FMLA Leave?
In cases where employees don’t meet FMLA eligibility criteria, exploring alternative leave options or flexible work arrangements becomes essential. Many state and local laws accommodate medical leave.
Open communication and a collaborative approach can help identify solutions that align with both organizational policies and individual needs.
Family and Medical Leave Laws by State
Mastering family and medical leave laws across the United States demands a keen understanding of regional distinctions, especially for employers with a multistate workforce.
This guide equips HR professionals with the knowledge needed to navigate the diverse landscape of family medical leave laws, ensuring not only legal adherence but also a workplace culture that prioritizes the well-being of its employees.
This section will examine the nuances of state-specific leave laws across the United States. Although some states have distinct family and medical leave regulations, others defer to federal FMLA laws.
Alabama Family and Medical Leave Laws
In Alabama, there are no specific state-level family medical leave laws. This means that employees in Alabama are solely protected by the federal FMLA law.
Under the federal FMLA law, eligible individuals can take up to 12 weeks of unpaid leave within 12 months for qualifying family and medical reasons.
Alaska Family and Medical Leave Laws
While federal FMLA laws apply to private sector employees in Alaska, additional protection is available to public sector employees under the Alaska Family Leave Act (AFLA).
Under AFLA, eligible employees are entitled to 18 weeks of unpaid, job-protected leave during a 24-month period.
AFLA eligibility requirements include:
- Working for an employer with over 20 employees within a 50-mile radius.
- Having worked at least 35 hours a week during the preceding six months (or 17.5 hours per week in the preceding 12-month period).
If an employee in Alaska is eligible for both FMLA and AFLA, entitlements run simultaneously.
Arizona Family and Medical Leave Laws
Workers in Arizona are protected under the federal FMLA law.
Additionally, Arizona is one of the few states that mandates paid sick leave. Arizona workers accrue one hour of paid sick leave for every 30 hours worked. However, they can only use 40 hours per year, which only applies to managing short-term conditions like the flu.
For chronic or severe health conditions, the federal FMLA law grants eligible employees in Arizona the standard 12-week unpaid leave.
State employees are entitled to extended paid maternity and paternity leave under a pilot program put in place in January 2023.
Arkansas Family and Medical Leave Laws
Arkansas does not have state-specific leave laws beyond the federal FMLA, leaving employees without additional job protections.
Under federal FMLA, Arkansas employees can take up to 12 weeks of unpaid leave for any of the qualifying reasons, including maternity and paternity leave or a family member’s serious health condition.
California Family and Medical Leave Laws
FMLA and the California Family Rights Act (CFRA) provide eligible employees with 12 weeks of job-protected leave within 12 months. To be eligible for CFRA, workers must have more than 12 months of service with the employer and have worked at least 1,250 hours during the previous year.
Apart from FMLA and CFRA, employees in California have access to Disability Insurance (DI) and Paid Family Leave (PFL). Both these state-specific leave laws provide wage-replacement benefits but do not grant job protection.
DI provides up to 52 weeks of paid benefits to employees who cannot work due to non-work-related injuries, illnesses, pregnancy, or childbirth. PFL grants employees up to eight weeks of paid maternity and paternity leave to bond with a new child or to take care of a sick family member (i.e. a serious health condition).
Visit the State of California’s Employee Development Department to learn more.
Colorado Family and Medical Leave Laws
In addition to FMLA coverage, employees in Colorado are now protected by the state-run Paid Family and Medical Leave Insurance (FAMLI) program. This program started providing benefits to Colorado employees in January 2024.
The FAMLI program allows Colorado workers to take paid leave to address personal or family needs that may require time away from work, such as expanding their family or attending to a loved one facing a serious health condition. Visit the FAMLI website to learn more.
Colorado employees can apply for federal FMLA for unpaid, job-protected leave if they comply with requirements and qualifying reasons.
Connecticut Family and Medical Leave Laws
Connecticut provides two state-specific leave laws to protect employees who need to take time away from their jobs.
The Connecticut Family and Medical Leave (CTFMLA) provides employees with 12 weeks of job-protected leave, while the Connecticut Paid Leave (CTPL) grants paid benefits to replace lost wages.
CTFMLA shares the same eligibility criteria as the federal FMLA law, whereas the CTPL provides paid leave benefits for 12 weeks if the employee or a family member has a “serious health condition.” Visit Connecticut’s Department of Labor (DOL) to learn more.
Delaware Family and Medical Leave Laws
In 2022, Delaware enacted a law mandating that private employers with 10 or more employees offer 12 weeks of paid family and medical leave. However, the commencement of benefits is slated for 2026.
Until this provision becomes effective, qualifying employees of covered employers may still be eligible for federal FMLA leave. Additionally, public-sector employees in Delaware have access to unique leave benefits.
Visit the Delaware Department of Labor to learn more.
Florida Family and Medical Leave Laws
Florida does not have state-specific leave laws, so employees are only covered by the federal FMLA law.
However, Florida provides a domestic violence leave law, which allows victims to take up to three days of leave in 12 months if they have suffered domestic or sexual violence.
Georgia Family and Medical Leave Laws
Georgia does not have a state-specific leave law, except for a specific provision applicable to state employees only.
Nevertheless, in cases where an employer has a workforce of 25 or more employees and offers sick leave, state regulations mandate employers allow up to five days of leave per year to employees who need to care for a close family member. Employees must work at least 30 hours per week to be eligible for this protection.
Additionally, qualifying employees of covered employers may have access to federal FMLA leave.
Hawaii Family and Medical Leave Laws
The Hawaii Family Leave Law (HFLL) applies to employers with 100 or more employees in the State of Hawaii. The employee must have worked for at least six months for the employer to be eligible for HFLL. Unlike the federal FMLA, there is no requirement for a minimum number of hours worked within six months.
Under HFLL, the employee can take up to four weeks of unpaid leave for qualifying reasons, including the birth or adoption of a child, caring for a relative with a serious health condition, or suffering a serious health condition.
If an employee qualifies for both FMLA and HFLL, benefits run simultaneously. Learn more about HFLL on the State of Hawaii’s Wage Standards Division website.
Idaho Family and Medical Leave Laws
Idaho doesn’t have state family medical leave laws, so eligible employees covered by the federal FMLA law can take up to 12 weeks of unpaid, job-protected leave.
Illinois Family and Medical Leave Laws
No state family medical leave laws are available in Illinois. Employees, however, are covered by the federal FMLA. Additional protection is available under specific circumstances, such as domestic violence and parental obligations.
Victims of domestic violence can take four to 12 weeks of unpaid leave, while parents of school-aged children can take up to eight hours per calendar year to attend school activities.
Indiana Family and Medical Leave Laws
Indiana does not provide state family medical leave laws beyond the federal FMLA.
A family military leave law grants employees 10 days per calendar year. The leave should be utilized either while the family member called to active duty is on leave or within the 30 days preceding or following the commencement of the active duty orders.
Iowa Family and Medical Leave Laws
No state-specific leave laws are available in Iowa. However, the Iowa Civil Rights Act provides eight weeks of unpaid maternity and paternity leave.
Federal FMLA leave is available to eligible employees.
Kansas Family and Medical Leave Laws
Eligible Kansas employees only have access to the federal FMLA, as it has no state-specific leave laws.
A domestic violence leave law is the only exception. Victims can take up to eight days per year of unpaid leave for related purposes, such as seeking a restraining order or attending court.
Kentucky Family and Medical Leave Laws
Kentucky has no state family and medical leave laws. If eligible, Kentucky employees can take up to 12 weeks of unpaid, job-protected leave under the federal FMLA law.
Louisiana Family and Medical Leave Laws
Louisiana lacks a broadly applicable family and medical leave law. Nevertheless, a pregnancy disability leave law is available. The pregnancy disability leave law mandates employers with over 25 employees to provide six weeks of maternity and parental leave for a typical pregnancy and childbirth (and up to four months for an employee disabled due to pregnancy, childbirth, or related conditions).
Additionally, parents of school-aged children can also take up to 16 hours of annual leave to attend school-related activities.
Maine Family and Medical Leave Laws
Maine family and medical leave law extends coverage to employees with 12 consecutive months of service. Eligible reasons for leave include:
- the employee’s serious health condition,
- the birth of their child or their domestic partner’s child,
- the adoption of a child by the employee or their domestic partner,
- a serious health condition of a covered family member, and
- the death or serious health condition of a close family member of the employee while on active military duty.
Under state-specific leave laws, eligible employees can take up to 10 weeks of leave in two years. The entitlements run simultaneously if the employee is also eligible for federal FMLA leave.
Maryland Family and Medical Leave Laws
Under Maryland’s Healthy Working Families Act, employers are required to provide earned sick leave. Employees accrue one hour of leave for every 30 hours worked, with a 40-hour limit per year.
Employers with more than 15 employees must provide paid sick leave, while employers with 14 or fewer employees are allowed to provide unpaid leave.
Maternity and paternity leave is also available to new parents (both biological and adoptive). Maryland’s Parental Leave Act requires employers to provide six weeks of unpaid leave benefits in 12 months. To be eligible for parental leave, the employee must have worked for the employer for at least 12 months.
Visit Maryland’s Department of Labor website to learn more.
Massachusetts Family and Medical Leave Laws
Apart from federal FMLA, Massachusetts employers are required to provide the following under Massachusetts’ Paid Family and Medical Leave Act:
- Up to 20 weeks of paid leave for an employee’s serious health condition.
- Up to 12 weeks of paid leave for the birth or adoption of a child.
- Up to 12 weeks of paid leave to care for a sick family member.
- Paid leave for military families (12 to 26 weeks, depending on the reason).
Employees in Massachusetts are also entitled to leave accrual. They can use a maximum of 40 hours of sick time per year to manage short-term conditions like the flu.
Michigan Family and Medical Leave Laws
Michigan’s Paid Medical Leave Act covers employers with 50 employees or more and grants employees leave accrual. Employees accrue one hour of paid leave for every 35 hours worked. However, they can only use a maximum of 40 hours of medical leave per year.
Employees may take paid leave for any of the following reasons:
- Physical or mental illness of the employee or a close family member.
- The closure of the employee’s workplace due to a public health emergency.
- To care for a child whose school has been closed due to a public health emergency.
Eligible employees in Michigan may also take up to 12 weeks of unpaid, job-protected leave under the federal FMLA law.
Minnesota Family and Medical Leave Laws
Separate from the federal FMLA law, several state family and medical leave laws protect employees in Minnesota.
Minnesota’s Pregnancy and Parenting Leave grants new parents up to 12 weeks of unpaid maternity and paternity leave for the birth or adoption of a child. Female employees can also use this leave for prenatal care or incapacity due to pregnancy. Parents are also entitled to a maximum of 16 hours per year to attend their children’s school conferences and activities.
Minnesota also mandates employers to provide up to 160 hours of paid sick leave in 12 months. Benefits can be used for a personal illness or to care for a sick family member.
Military families can benefit from one day of annual leave for military sendoff or homecoming.
Mississippi Family and Medical Leave Laws
There are no state-specific leave laws in Mississippi. Eligible employees in Mississippi are protected under the federal FMLA law and are entitled to 12 weeks of unpaid, job-protected leave.
Missouri Family and Medical Leave Laws
Missouri does not have any state-specific leave laws. Eligible employees in Missouri are protected under the federal FMLA law and are entitled to 12 weeks of unpaid, job-protected leave.
Montana Family and Medical Leave Laws
Though Montana follows the federal FMLA, the Montana Human Rights Act provides an additional, “reasonable” leave of absence for pregnancy.
Nebraska Family and Medical Leave Laws
Nebraska has not enacted a state family and medical leave law, so eligible employees are protected under the federal FMLA law.
Leave is available to the spouses or children of family members called to active duty. Employers with 15-50 employees must provide 15 days of leave, while employers with more than 50 must grant up to 30 days.
Nevada Family and Medical Leave Laws
Nevada has no state family and medical leave law, but the state does provide other types of leave.
Employers with more than 50 employees must provide parents of school-aged children with four hours of annual leave to attend school activities.
Additionally, employers in Nevada are required to provide up to 40 hours of paid leave per calendar year. Qualifying reasons for taking this leave are not specified in the law but presumably include a serious health condition or taking care of a sick family member.
Victims of domestic violence are entitled up to 160 hours of leave in a 12-month period.
Eligible employees in Nevada may also apply for federal FMLA leave.
New Hampshire Family and Medical Leave Laws
No state family and medical leave law has been enacted in New Hampshire. However, a voluntary paid family and medical leave program is available to participating employees.
This voluntary program provides workers 60% of their average weekly wage for up to six weeks (or 12 weeks, depending on the employer’s plan) per year.
Employees can be covered through their employer or sign up individually. By law, insurance cannot cost more than $5 per week. Learn more by visiting New Hampshire’s PFML website.
Pregnancy leave is also available in New Hampshire and should be provided by employers with six or more employees. It covers a “period of temporary physical disability” related to pregnancy and childbirth.
New Hampshire employees may also apply for federal FMLA leave to deal with a personal illness, to care for a sick family member, or to bond with a new child.
New Jersey Family and Medical Leave Laws
Under the New Jersey Family Leave Act, employees are entitled to 12 weeks of job-protected leave during a 24-month period. To qualify for leave, certain conditions must be met, including:
- Working for an employer with at least 50 employees.
- Having worked for the employer for at least a year.
- Having worked at least 1,000 hours during that year.
Qualifying reasons include the birth or adoption of a child and the need to take care of a sick family member.
Although similar to federal FMLA, the New Jersey Family Leave Act does not allow employees to take time off for their own medical conditions. Employees who qualify for both will only be entitled to 12 weeks of leave during a 12-month period. Learn more about the New Jersey Family Leave Act.
Additionally, New Jersey employees are entitled up to 40 hours per year of paid sick leave. Workers can take this leave to deal with a serious health condition or care for a loved one, among other qualifying reasons.
New Mexico Family and Medical Leave Laws
Employees in New Mexico are entitled to 64 hours per 12-month period of paid sick leave. Under the Healthy Workplaces Act, workers earn leave accrual of at least one hour for every 30 hours worked.
Qualifying reasons for leave include:
- The employee’s illness.
- Preventive medical care of the employee or a family member.
- The care of a sick family member.
- School meetings related to the health of a child.
New Mexico also provides a maximum of 14 days of leave per year to employees who are victims of domestic violence.
Under federal FMLA law, eligible employees may also apply for up to 12 weeks of unpaid, job-protected leave.
New York Family and Medical Leave Laws
Since 2016, New York has had the country’s “strongest Paid Family Leave policy.” New York’s paid family leave provides paid, job-protected leave to:
- Bond with a new child.
- Take care of a sick family member (as of 2023, this includes siblings).
- Assist loved ones when a spouse or domestic partner is called to active duty abroad.
Under this law, eligible employees will receive an average of 67% of their normal income and a maximum of 12 weeks of job-protected leave. They must also be granted continued healthcare. Learn more about your responsibilities as an employer in New York.
Employees in New York are also entitled to 40-56 hours (depending on the employer size) of sick leave. Large employers with more than 100 employees must provide 56 hours of paid leave, while medium-sized employers with 5-99 employees must provide 40 hours of paid leave. Small employers must provide 40 hours of leave, though it may be unpaid.
Military Family Leave law in New York allows the spouse of a service member to take 10 days of leave during their partner’s active duty.
Eligible employees may apply for 12 weeks of job-protected leave in New York.
North Carolina Family and Medical Leave Laws
Under federal FMLA law, North Carolina employees are entitled to 12 weeks of unpaid, job-protected leave.
Although the state doesn’t have its own state family and medical leave law, parents of school-aged children are entitled to four hours per year to attend school conferences or activities.
North Carolina also protects victims of domestic abuse with a law that grants “reasonable” leave from work to attend related matters, such as court hearings or seeking a restraining order.
North Dakota Family and Medical Leave Laws
Under federal FMLA law, eligible employees are entitled to 12 weeks of unpaid, job-protected leave.
Although North Dakota does not provide state-specific leave laws, state employees are protected under the Uncompensated Family Leave Act of 1989 (UFLA). Under UFLA, state employees can extend federal FMLA leave to 16 weeks to care for a new child or a family member or to deal with a serious health condition.
Ohio Family and Medical Leave Laws
The state of Ohio has not enacted state family and medical leave laws and defaults to federal FMLA regulations.
Oklahoma Family and Medical Leave Laws
Oklahoma employees are only entitled to the rights provided by the federal FMLA law, as the state doesn’t have its own state-specific leave laws.
Under federal FMLA, eligible employees can take up to 12 weeks of unpaid, job-protected leave.
Oregon Family and Medical Leave Laws
Two state-specific leave laws protect Oregon employees. The Oregon Family Leave Act (OFLA) provides 12 weeks of unpaid, job-protected leave per year, mirroring the federal FMLA law.
Meanwhile, Paid Leave Oregon (enacted in 2023) grants employees 12-16 weeks (depending on circumstances) of paid leave per year.
Employees can use this leave for a variety of reasons, including:
- The birth or adoption of a child.
- The need to take care of a sick family member.
- Their own serious health condition.
- Victim of sexual or domestic violence.
OFLA and Paid Leave Oregon run together for employees who applied for leave under both laws. Learn more at the Oregon’s Bureau of Labor and Industries website.
Moreover, Oregon employees are entitled to 40 hours per year of sick leave, which they can use for their own medical conditions or to take care of a sick family member. Given the 40-hour limit, sick leave is used primarily to manage short-term illnesses, like a cold or the flu.
Leave related to domestic violence permits victims to take “reasonable” time off work. Military families are entitled to 14 days of leave per deployment.
Pennsylvania Family and Medical Leave Laws
Pennsylvania doesn’t have its own state family and medical leave law.
Eligible Pennsylvania employees can take up to 12 weeks of job-protected leave under the federal FMLA law for reasons that include the birth of a child or a serious health condition.
Rhode Island Family and Medical Leave Laws
The Rhode Island Parental and Family Medical Leave Act (RIPFMLA) requires that large employers with 50 or more employees provide eligible employees with 13 consecutive weeks of unpaid leave in 24 months.
To qualify, employees must be full-time employees who:
- Work for an average of 30 hours per week or more.
- Have worked for the employer for at least a year.
Reasons to take leave include the birth or adoption of a child or a serious health condition of the employee or a close family member.
Employees in Rhode Island are also eligible for FMLA leave. If both RIPFMLA and FMLA leave are granted, benefits run concurrently.
Rhode Island also has paid leave options for families. The Paid Parental Leave program provides up to four weeks of paid maternity and paternity leave to care for a new child. Employees get up to 60% of their monthly wages under this program.
Alternatively, the Family Leave program provides up to four weeks of paid leave to care for a sick family member. In both cases, the programs are designed for employee job protection and seniority level.
Learn more about paid leave options in Rhode Island.
South Carolina Family and Medical Leave Laws
South Carolina does not have state-specific leave laws applicable to the private sector. State employees might have access to unique forms of family medical leave laws designed for similar purposes.
Qualifying employees can apply for federal FMLA leave.
South Dakota Family and Medical Leave Laws
South Dakota currently does not possess a state family and medical leave law.
However, qualified employees in South Dakota can take up to 12 weeks of protected leave under the federal FMLA. This leave can be utilized for various reasons, such as the birth of a child or dealing with a serious health condition.
Tennessee Family and Medical Leave Laws
Tennessee has not enacted a state-specific leave law. However, a state-specific leave law grants leave for pregnancy, childbirth, adoption, and nursing an infant.
This legislation applies to employers with 100 or more full-time employees at a particular job site or location. Eligible employees must have worked for the same employer for at least 12 consecutive months.
Under federal FMLA law, qualified employees can also apply for 12 weeks of unpaid, job-protected leave.
Texas Family and Medical Leave Laws
Texas doesn’t have its own state family and medical leave law. Texas employers are, however, required to adhere to the federal FMLA law and provide eligible employees with 12 weeks of unpaid, job-protected leave for the birth of a new child or a serious health condition.
Utah Family and Medical Leave Laws
Utah has not enacted a family medical leave law. As in all 50 states, eligible employees in Utah are entitled to 12 weeks of unpaid, job-protected leave under the federal FMLA.
Vermont Family and Medical Leave Laws
Vermont’s Parental and Family Leave Law provides employees with 12 weeks of unpaid leave during a 12-month period for the following reasons:
- Pregnancy or childbirth (maternity and paternity leave).
- A serious health condition of the employee or a close family member (family leave).
In addition, employees in Vermont are entitled to short-term family leave to attend school activities, medical appointments, or emergencies. Parents can use up to four hours of leave per month and a maximum of 24 hours per year.
Leave accrual is also available to workers in the state of Vermont. Employees can use paid sick leave both for their own illness or to care for a close family member. Earned sick leave is limited to 40 hours per year, so it can only be used to manage short-term conditions, such as the flu.
Virginia Family and Medical Leave Laws
Virginia has not enacted a family medical leave law. However, employees in Virginia are entitled to 12 weeks of unpaid, job-protected leave under the federal FMLA. Qualifying reasons include the birth or adoption of a child and a serious health condition.
Washington Family and Medical Leave Laws
The state of Washington Paid Family and Medical Leave Law (PFML) provides workers with 12 weeks of paid leave for qualifying reasons, including:
- Medical Leave: for a serious health condition, including major
- surgery or to receive inpatient treatment for a mental or physical health condition.
- Family Leave: to take care of a sick family member, maternity and paternity leave, or spend time with a family member who will be deployed overseas.
It is worth noting that employees can access 16-18 weeks of paid leave in 12 months if they need to combine family and medical leave. This could include, for example, the need to take time off work for a medical condition during pregnancy and then time to bond with their new child.
Employees can receive up to 90% of their weekly salary during paid leave, with a cap of $1,456 for 2024. To be eligible, workers must have logged at least 820 hours (approximately 16 hours per week) within the qualifying period.
Learn more about Washington’s Paid Family and Medical Leave program.
West Virginia Family and Medical Leave Laws
West Virginia doesn’t have a state family and medical leave laws. Workers in the state can apply for federal FMLA to receive up to 12 weeks of unpaid, job-protected leave for qualifying reasons.
Wisconsin Family and Medical Leave Laws
Wisconsin’s Family Medical Act provides employees with:
- Six weeks of unpaid leave for the birth or adoption of a child.
- Two weeks to take care of a family member with a serious health condition or to receive treatment for their own condition.
Workers in Wisconsin are also eligible for federal FMLA. Benefits run concurrently if an individual qualifies for both federal and state FMLA.
Learn more about leave options on the Wisconsin’s Department of Workforce Development website.
Wyoming Family and Medical Leave Laws
Wyoming does not have its own family medical leave laws. Eligible employees can apply for federal FMLA for any qualifying reasons, including the birth or adoption of a child or a serious health condition (personal and of a close relative).
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* Reviewed in January 2024
* The content of this publication is provided for informational purposes only and does not contain or constitute legal advice.