Between the flu and COVID-19, odds are, you’ve had employees out sick recently – or will at some point in the coming months. With all the recent changes to sick leave laws, you may be overwhelmed by how to handle requests as they come in. Use the chart below to determine eligibility. If your state is not listed, your state has adopted the Federal Leave Law.

Leave by State

Government

Which employers must offer FML?

Who is eligible for FML?

How long can an employee be out on FML?

CA

Employers with 5 or more employees

Employees disabled as a result of pregnancy, childbirth, or a related medical condition.

Up to 4 months in a 12-month period

Employers with 20 or more employees

Employees that:

  • Have worked for the covered employer for at least 12 months;
  • Have worked for at least 1,250 hours during the previous 12 months;
  • Work at a location where the employer has at least 20 employees within 75 miles; and
  • Have a new child

Up to 12 weeks within one year of the child's birth

CT

Employers with 75 or more employees

Employees who have worked for 12 months with at least 1,000 hours of service during the previous 12 months

Up to 16 weeks in a 24-month period for:

  • The birth of a child; or
  • The serious health condition of the employee or an immediate family member

DC

Employers with 20 or more employees

Employees who have worked for 12 months with at least 1,000 hours of service during the previous 12 months

Up to 16 weeks in a 24-month period for:

  • The birth of a child; or
  • The serious health condition of the employee or an immediate family member

HI

Employers with 100 or more employees

Employees who have worked for 6 months

Up to 4 weeks in any calendar year for:

  • The birth of a child; or
  • The serious health condition of an immediate family member

LA

Employers with more than 25 employees

Female employees affected by pregnancy, childbirth, or related medical conditions

Up to 4 months

ME

Employers with 15 or more employees at 1 location

Employees who have worked for 12 months

Up to 10 weeks in a 2-year period for:

  • The birth of a child; or
  • The serious health condition of the employee or an immediate family member

MD

Employers with 15-49 employees

Employees who have worked for 12 months with at least 1,250 hours of service during the previous 12 months

Up to 6 weeks in a 12-month period for the birth of a child

MA

Employers with 1 or more employees

(Employees can begin taking paid family and medical leave in 2021.)

Employees who meet financial eligibility requirements for unemployment insurance

Up to 12 weeks in a year for:

  • The birth of a child; or
  • To care for a family member with a serious health condition

Up to 20 weeks in a year for the serious health condition of the employee.

If an employee elects to use leave for more than one life event, 26 weeks in a year at most.

Employers with 6 or more employees

Employees who have worked for 3 months

Up to 8 weeks for the birth of a child

Employers with 50 or more employees

Employees who have worked for 12 months with at least 1,250 hours of service during the previous 12 months

Up to 24 hours in a 12-month period for:

  • A child's routine medical or dental appointments; or
  • Appointments related to an elder relative's care

MN

Employers with 21 or more employees

Employees who have:

  • Worked for at least 12 months; and
  • Worked at least half time during the previous 12 months

Up to 12 weeks for:

  • The birth of a child;
  • Prenatal care; or
  • Incapacity due to pregnancy, childbirth, or related health conditions

MT

All employers

Pregnant employees

Reasonable amount of time for the temporary disabilities associated with childbirth, delivery, and related medical conditions

NH

Employers with 6 or more employees

Female employees affected by pregnancy, childbirth, or related medical conditions

For the period of temporary physical disability

NJ

Employers with 30 or more employees

Employees who have worked for 12 months with at least 1,000 hours of service during the previous 12 months

Up to 12 weeks in a 24-month period for:

  • The birth of a child; or
  • The serious health condition of an immediate family member

NY

All employers

  • Employees who regularly work 20 or more hours per week and have worked for 26 consecutive weeks
  • Part-time employees who have been employed for 175 days

Up to 10 weeks in any 52-week period for:

  • The birth of a child; or
  • The serious health condition of an immediate family member

OR

Employers with 25 or more employees

Employees who have worked for 180 calendar days

Up to 12 weeks in a 12-month period for the birth of a child

Employers with 25 or more employees

Employees who have worked for 180 calendar days and an average of 25 hours per week

Up to 12 weeks in a 12-month period for:

  • Caring for a sick child;
  • The serious health condition of the employee or an immediate family member; or
  • Prenatal care

Employers with 25 or more employees

Employees who have worked for 180 calendar days and an average of 25 hours per week

Up to 24 weeks for a pregnancy disability

 

RI

Employers with 50 or more employees

Employees who have worked an average of 30 hours or more per week for 12 consecutive months

Up to 13 consecutive weeks in any 2 calendar years for:

  • The birth of a child; or
  • The serious illness of the employee or an immediate family member

TN

Employers with 100 or more full-time employees

Full-time employees that have worked for 12 consecutive months

Up to 4 months for:

  • The birth of a child;
  • Pregnancy; or
  • Nursing an infant

VT

Employers with 10 or more employees

Employees who have worked an average of 30 hours or more per week for one year

Up to 12 weeks in a 12-month period for a pregnancy or the birth of a child

Employers with 15 or more employees

Employees who have worked an average of 30 hours or more per week for one year

Up to 12 weeks in a 12-month period for the serious illness of the employee or an immediate family member

WA

Employers with 8 or more employees

Female employees temporarily disabled due to pregnancy or childbirth

Up to 8 weeks

WI

Employers with 50 or more employees

Employees who have worked for 12 months with at least 1,000 hours of service during the previous 12 months

  • Up to 2 weeks in a calendar year for the serious health condition of the employee or an immediate family member
  • Up to 6 weeks in a calendar year for the birth of a child