Matthew Purushotham
Tues., January 27, 2026

As federal action on paid family leave remains stalled, states are stepping up with significant expansions to paid family, medical, sick, and safe leave laws heading into 2026. New and updated laws across the country are broadening who qualifies for leave, increasing benefit amounts, strengthening job protections, and adding new categories of covered family members—all while adjusting contribution rates and employer obligations. From expanded caregiving definitions in California to increased benefits in states like New York, Massachusetts, and Washington, these changes can have a real impact on workers and employers alike. Understanding your rights under evolving state and local leave laws has never been more important.

Paid Family Leave

In the absence of federal legislation providing for paid family leave, states are increasingly adopting legislation providing such benefits to their residents. Sixteen states, plus the District of Columbia, have paid family leave laws: California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Washington, D.C. In the past year, several states passed new paid family leave laws or modified benefits or eligibility criteria under existing statutes in the following ways:

California

On October 13, 2025, California adopted a law that expanded eligibility for paid family and medical leave to people who take leave to care for a seriously ill “care recipient” related by blood or whose association with the individual is the equivalent of a family relationship.”

Colorado

Effective January 1, 2026, Colorado adopted a law that expanded the state’s existing Family and Medical Leave Insurance (“FAMLI”) program to provide up to twelve additional weeks of paid leave to parents of children in a neonatal intensive care unit. These 12 weeks supplement the 12 weeks of paid leave already available under the law for, among other things, bonding with a new child.

The new law also reduced FAMLI premiums for 2026 from .9 percent of an employee’s wages to .88 percent. Premiums will be set annually going forward.

Connecticut

Effective January 1, 2026, Connecticut has raised benefits under its Paid Leave program because of an increase in the state’s minimum wage. Under the new law, the maximum weekly paid family and medical leave benefit amount, which is capped at sixty times the state minimum wage, increases to $1,016.40.

Delaware

Although Delaware’s Paid Leave program was enacted in 2022 through the Healthy Delaware Families Act, employees first became able to submit claims for benefits on January 1, 2026. Further, Delaware adopted amendments to the law on July 30, 2025, including a provision prohibiting employers from requiring employees to use or exhaust accrued PTO before applying for paid family leave benefits.

In Delaware, beginning on January 1, 2026, employees may take up to twelve weeks of paid leave per year to care for a new child, or six weeks of paid leave per year to address a serious health condition or care for a family member with a serious medical condition, under the Healthy Delaware Families Act. Lawmakers amended the law in the summer of 2025 to prohibit employers from requiring an employee to use accrued paid time off (PTO) before accessing PFML benefits, among other changes.

Maine

Beginning on May 1, 2026, private employers in Maine of all sizes will be required to provide up to 12 weeks of paid leave for family leave, medical leave, military exigency leave, service member leave, or to ensure safety after abuse or violence to eligible employees.

Maryland

On May 6, 2025, Maryland adopted a law delaying the start date for its paid Family and Medical Leave Insurance program. Contributions for the program will now begin on January 1, 2027. Maryland also adopted legislation clarifying that the state’s Parental Leave Act excluded employers also covered by the FMLA.

Massachusetts

In Massachusetts, the maximum paid family and medical leave (PFML) weekly benefit amount increased to $1,230.39 for 2026, which is a $60 increase from 2025. The employer and employee contribution rates for 2026 remain unchanged from those in 2025.

Minnesota

Beginning January 1, 2026, the Minnesota Paid Leave program provides qualified employees up to 12 weeks of paid medical leave or paid family leave. Employees who need both types of leave in a single benefit year may qualify for up to 20 weeks.

Mississippi

Mississippi introduced a new paid parental leave law covering state employees effective January 1, 2026. State employees who are the primary caregiver of a child will be able to take six weeks of paid leave after the birth or adoption of a child.

New Hampshire

Effective January 1, 2026, New Hampshire employers with 20 or more employees are required to provide up to 25 hours of unpaid leave for an employee’s own medical appointments for childbirth, an employee’s postpartum care, and an infant’s pediatric medical appointments. This time must be used in the first year following the birth or adoption of a child. If parents work for the same employer, they share a combined 25 hours of family and medical leave.

New Jersey

On January 17, 2026, New Jersey adopted a law expanding its existing Family Leave Act. Among other changes, the new law expanded coverage from employers with 30 or more employees to those with 15 or more employees. The new law also reduced the amount of work time/tenure for employees to be eligible for leave under the Act from 12 months of employment and 1,000 hours worked to three months of employment and 250 hours worked.

New York

New York has had paid family leave since 2018, providing eligible employees with up to 12 weeks of paid leave to bond with a new child, care for a family member with a serious health condition, or to assist loved ones when a family member in the military is deployed. However, the state has announced changes for 2026, including increases in the maximum weekly PFL benefit amount and the employee contribution rate, effective January 1, 2026.

Rhode Island

Rhode Island amended its existing paid family and medical leave programs effective January 1, 2026. The law increased the wage replacement rate under the Temporary Caregiver Insurance (TCI) and Temporary Disability Insurance (TDI) programs from 60% to 70% in 2027 and 75% in 2028. The law also adds employees’ siblings as covered family members under the TCI program and increased TCI leave benefits for 2026 from seven to eight weeks per year. Finally, the law increased the taxable wage base for the TDI program, which is used to determine benefits and payroll contributions, from $38,000 to $100,000.

Washington

Washington has implemented several changes to its paid family leave law. Through legislation, Washington expanded the job protection provisions of the law, effective January 1, 2026, including reducing the number of employees required for employer coverage from 50 to 25,  reducing the length of employment an employee needs in order to be covered from 12 months to six months, and eliminating the hours worked requirement under the law.

Additionally, as of January 1, 2026, Washington has increased the paid family and medical leave (PFML) premium rate for 2026 from 0.92 percent to 1.13 percent. The maximum weekly PFML benefit amount has increased from $1,542 to $1,647.

Earned Safe and Sick Leave Laws

Sixteen states and the District of Columbia also made changes to their Earned Safe and Sick Time Laws: Arizona, California, Colorado, Connecticut, Delaware, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, Washington, D.C.

The following states made recent changes to their safe and sick leave laws:

Connecticut

Connecticut amended its paid sick leave program to reduce the number of employees necessary for an employer to be covered by the law from 25 to eleven. Covered employers are required to allow employees to accrue paid sick leave.

Minnesota

An amendment to the Minnesota’s Safe and Sick Time law effective January 1, 2026 allows employers to advance employees earned safe and sick time based on the number of hours they anticipate an employee to work in the remainder of the accrual year.

Amendments adopted on August 1, 2025 provided that, if the need for safe and sick time is unforeseeable, then an employer may require an employee to give notice of the need for earned safe and sick time as reasonably required by the employer – this was a change from the previous requirement to provide notice “as soon as practicable.”  Further, these 2025 amendments provided that, when an employee uses earned safe and sick time for more than two consecutive scheduled work days  an employer may require reasonable documentation that the earned safe and sick time is being used for a qualifying reason. Previously, this documentation was only required when employees used safe and sick time for more than three consecutive days.

New Jersey

On January 17, 2026, New Jersey adopted changes to its Earned Sick Leave law, providing that employees who qualify for both may choose between earned sick leave or either Temporary Disability Insurance or Family Leave Insurance.  Employees can also control the order in which they receive such benefits. These changes will take effect on July 17, 2026.

New York City

Under New York City’s Earned Safe and Sick Time Act (ESSTA), covered employers must provide full- and part-time employees working in New York City, with time off for certain health- and safety-related reasons. The amount of leave depends on the size of the employer. The leave accrues at a rate of one hour for every 30 hours worked by an employee.

Effective February 22, 2026, New York will adopt changes to its Earned Safe and Sick Time Act. Among other changes, these amendments will:

• In addition to the leave already available under ESSTA, employers must provide employees 20 hours of paid prenatal leave in any 52-week period, and employees may use prenatal leave in one-hour increments
• Subject to certain restrictions, in addition to leave already available under ESSTA, employers must provide employees a minimum of 32 additional hours of unpaid safe/sick leave.
• Safe time will now include circumstances in which: 1) an employee’s family member has experienced workplace violence, 2) an employee who qualifies as a caregiver is absent to provide care to a minor child or care recipient; and 3) an employee takes time related to a legal proceeding involving subsistence benefits or housing or takes actions necessary to apply for, maintain, or restore such benefits or housing on behalf of themselves, family member, or a care recipient.

The amendments also provided that ESSTA does not apply to employees covered by a collective bargaining agreement unless the CBA provides superior or comparable benefits.

Oregon

Oregon adopted changes to its paid sick time law effective September 26, 2025 prohibiting employers from requiring 30 days’ advance notice for using paid sick time for reasons related to the closure of their children’s school or childcare provider due to a public health emergency unless the public health emergency was issued 30 or more days before the start of the leave.

Beginning January 1, 2026, employees may use their paid sick time for blood donation made in connection with a voluntary program approved or accredited by the American Association of Blood Banks or the American Red Cross.

Rhode Island

The 2025 Rhode Island Sick Leave Law introduced safe leave for victims of domestic violence and sexual assault, as well as bereavement leave and qualifying exigency leave. These provisions apply to employees of employers with ten or more employee.

Enforcing Your Rights

MSE represents workers in cases involving violations of their rights in the workplace. If you believe your employer has denied you family or medical leave or paid safe or sick time in violation of state or federal law, please contact us at [email protected].