AARP Hearing Center
Though the federal government does not require private employers to offer paid family leave — the Family and Medical Leave Act allows up to 12 weeks of unpaid leave annually — some states have enacted legislation to create mandatory family leave insurance programs to provide money for caregivers and new parents.
About 38 million people in the United States provided unpaid care to older or disabled adults. On average, they devoted an average of 18 hours a week to caregiving, according to AARP’s “Valuing the Invaluable” 2023 report. When the next Caregiving in the U.S. study from AARP and the National Alliance for Caregiving is published in about two years, the numbers may go up because of the increasing number of older Americans. From 2022 to 2050, the population of adults 65 and older will increase by 41.4 percent, according to the Census Bureau. Such numbers have pushed state and federal lawmakers to take a new look at providing paid leave for caregiving and other family responsibilities.
Only 1 in 4 workers in the private sector has access to paid family leave, according to the Bureau of Labor Statistics.
Action in state legislatures
AARP has long advocated for a national policy on paid family and medical leave.
“These programs allow workers to provide care for themselves and their loved ones without losing their paycheck, or even their job,” says Jessica Eckman, a government affairs director at AARP.
Three of every 5 caregivers balance work with their responsibilities, AARP finds. President Joe Biden’s proposed Build Back Better Act included provisions to establish a family leave program nationwide, but it stalled in Congress.
The president issued an executive order in April 2023 that aims to improve access to home-based care for veterans, test a new model for dementia care and improve access to high-quality long-term care services, among other initiatives.
21 states and the District of Columbia have passed a program
As of August 2024, only nine states and the District of Columbia had government-mandated family leave insurance programs in effect. Four other states have enacted similar measures that will take effect in 2025 and 2026.
An additional nine states have established voluntary family leave programs in which employers can choose whether to participate. In most of these systems, payroll deductions cover the cost of this insurance with contributions drawn from employees, employers or both. All state programs enacted to date provide paid time off to care for a family member with a serious health condition or to bond with a newborn or newly adopted child.
Keep in mind
- Some states require employees to give advance notice, typically 30 days, before taking paid family leave although exceptions may be granted for unforeseeable circumstances. Check with your human resources department about notice policies.
- Taxes often are not deducted from the amount you receive for paid family leave, and the income is taxable.
Some programs cover paid leave for workers coping with their own illness, certain situations arising from a family member’s military deployment, or domestic violence, harassment or sexual assault.
The amount of time off, and which family members you can take leave to care for, varies from state to state. Where a program covers care for parents, grandparents, children and siblings, it generally includes step, adoptive and legal relationships. Some states exempt very small companies, certain types of employers such as tribal entities or religious organizations, or those with their own state-approved family leave programs. Click the links for details on each state’s policies.
Mandatory family leave states
California
Effective date: In effect.
Maximum benefit: $1,620 a week.
How it works: California was the first state to enact paid family leave, launching its program in 2004. Employees can receive 60 percent to 70 percent of their weekly earnings, up to the maximum benefit for up to eight weeks within any 12-month period, to care for an ill spouse, registered domestic partner, parent, grandparent, child, grandchild or sibling.
Colorado
Effective date: In effect
Maximum benefit: $1,100 a week in 2024.
How it works: Approved by voters in a 2020 ballot measure, Colorado’s program gives employees up to 12 weeks in a 12-month period to care for a seriously ill family member, defined as a spouse, parent, grandparent, child, grandchild, sibling or other individual with whom the worker “has a significant personal bond that is or is like a family relationship.”
The benefit calculation is 90 percent of a worker’s pay up to half the state average weekly wage, and 50 percent of any earnings beyond that, up to the maximum benefit.
Connecticut
Effective date: In effect.
Maximum benefit: $941 a week.
How it works: Most workers will be eligible for up to 12 weeks off in a 12-month period to care for a seriously ill spouse, domestic partner, parent, grandparent, child, grandchild or other person “whose close association with the employee shows to be the equivalent of those family relationships.”
Employees who make up to 40 times the state minimum wage of $15.69 an hour — up to $628 a week — will receive up to 95 percent of their pay during family leave. A different calculation is used for those who earn more than that, with benefits capped at 60 times the minimum wage, or $941 a week.
Delaware
Effective date: Benefits begin Jan. 1, 2026. Employers and employees begin paying into the system Jan. 1, 2025.
Maximum benefit: $900 a week in 2026 and 2027, increasing annually after that based on inflation.
How it works: Workers will be able to get up to six weeks of paid leave over any 24-month period to care for a spouse, parent or child with a serious health condition. The benefit amount will be 80 percent of the employee’s average weekly wage, up to the maximum.
District of Columbia
Effective date: In effect.
Maximum benefit: $1,118 a week.
How it works: Employees receive up to 12 weeks’ pay within a 52-week period to care for a family member with a serious health condition, including a spouse, domestic partner, parent, grandparent, child or sibling.
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