For the longest time, the federal Family and Medical Leave Act (FMLA) has served as the sole pillar governing employee leave for family and medical reasons. Over the years, it evolved into a patchwork of state Paid Family and Medical Leave (PFML) laws reshaping leave compliance across organizations. While we’re halfway through 2026, more than a dozen states across the nation have enacted their own PFML laws. For employers and HR professionals, PFML laws bring further challenges into an already stressed compliance system.
State PFML Laws & Their Function
The primary function of PFML laws is to provide eligible employees with the right to take job-protected paid leave. Bonding with a newborn, caring for sick family members or managing their own health conditions are some of the qualifying reasons to use a state PFML.
Unlike the FMLA, which guarantees an employee only unpaid leave, state PFML laws require employers to provide a wage replacement benefit during the leave period. This is calculated as a percentage of the employee’s average weekly pay during a defined based period.
One of the biggest perks of state PFML is that it imposes meaningful obligations on employers. It begins with job restoration rights when an employee returns from leave, continuation of health benefits during leave, to mandatory workplace notices and postings. Together, the state PFML laws create a cocoon of employee protection that in many states exceeds what the FMLA alone requires.
What is changing? States with PFML
As of September 1, 2026, 13 states plus the District of Columbia have enacted PFML statues. This includes California, Washington, Connecticut, Oregon, New York, New Jersey, Maine, Delaware, Minnesota, Massachusetts, and more recently Virginia.
Several additional states are also moving toward enacted with Pennsylvania, Arizona, North Carolina, Michigan and New Mexico joining the list soon.
Smaller employers are no longer exempt from state PFML
Unlike the FMLA, which applies to employers with 50 or more employees within 75 miles of a worksite, state PFML laws cover smaller employers too. The state of Oregon and Maine cover employers with as few as one eligible employee, while Minnesota covers nearly all employees regardless of the size of the organization.
Moreover, state PFML programs impose their own employee eligibility thresholds which are considerably different from the FMLA’s requirements. Colorado’s FAMLI program, for instance, requires only $2,500 in wages earned during the base period. This means employees who don’t qualify for federal leave may still be entitled to PFML.
Over the months, state PFML statues have expanded qualifying reasons beyond what FMLA covers. This includes safe leave for domestic violence, NICU care leave in Colorado, and school or workplace closure leave in Washington.
A lot of state PFML laws define “family member” more broadly than the FMLA. The state of Oregon is quite liberal with the terminology and extends coverage to any individual with an equivalent family relationship. On the other hand, Washington’s PFML amendments from 2025 added any individual who regularly resides in the employee’s home.
Mind the gap
Employers, particularly those with a distributed workforce across states, should audit their current leave framework. HR professionals are advised to update policy language and train supervisors responsible for day-to-day leave decisions. Employers who remain proactive and update their leave policies regularly to ensure compliance will favor the most in the eyes of the law.
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