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:
|
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:
|
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:
|
HI |
Employers with 100 or more employees |
Employees who have worked for 6 months |
Up to 4 weeks in any calendar year for:
|
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:
|
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:
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:
|
|
MN |
Employers with 21 or more employees |
Employees who have:
|
Up to 12 weeks for:
|
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:
|
NY |
All employers |
|
Up to 10 weeks in any 52-week period for:
|
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:
|
|
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:
|
TN |
Employers with 100 or more full-time employees |
Full-time employees that have worked for 12 consecutive months |
Up to 4 months for:
|
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 |
|