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The Complete Guide to US Family and Medical Leave Rules for 2026

Updated for developments through 2025 and rules that take effect in 2026. This guide explains the federal Family and Medical Leave Act (FMLA), the expanding patchwork of state paid family and medical leave (PFML) programs, how those programs interact, and practical steps employers and employees should take to comply in 2026.

Quick TLDR (what you really need to know)

The federal Family and Medical Leave Act (FMLA) remains the baseline: eligible employees at covered employers generally get up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons (with health benefits maintained). DOL
Many states now provide paid family and/or medical leave (PFML). These state programs differ widely in duration, wage replacement, eligibility, and timing; employers must follow both federal and state rules where applicable. Bipartisan Policy Center+1
New state programs and changes took effect (or will take effect) around 2025–2026, so employers should review 2026 implementation dates carefully for their states (some benefits and employer contribution rules phase in before benefits begin). OnPay+1
The U.S. Department of Labor has issued guidance clarifying how federal FMLA and state PFML interact — employers must be careful about coordination, notice and substitution rules. gtlaw-laborandemployment.com

1) The Federal Baseline: What FMLA (Still) Covers in 2026

1.1 The core entitlement

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for certain family and medical reasons while continuing group health insurance on the same terms. Typical reasons include:

Birth and care of a newborn child (bonding)
Placement for adoption or foster care and care of the new child
Care for a spouse, child, or parent with a serious health condition
An employee’s own serious health condition that makes them unable to perform job functions
Certain military caregiver and qualifying exigency leave provisions

The Department of Labor maintains the official FMLA rules and forms. DOL+1

1.2 Who is covered — employer and employee tests

FMLA applies when three key tests are met:

Employer size: private employers with 50 or more employees within a 75-mile radius (plus most public agencies and public/private elementary/secondary schools). DOL
Employee eligibility: generally, the employee must have worked 1,250 hours during the 12 months before leave start, and must have worked for the employer for 12 months (not necessarily consecutive). DOL
Qualifying reason: the reason for leave must be one specified by FMLA (see §1.1 above). DOL

1.3 Amount and timing of leave

12 weeks in a 12-month (or employer-chosen 12-month period) for general qualifying reasons. Certain military caregiver leaves can be longer (up to 26 weeks for caring for a covered servicemember). DOL
Leave may be continuous or intermittent depending on the medical need and employer practices. Employers may require certification and documentation. DOL

1.4 What FMLA does not provide

FMLA does not guarantee paid leave. It provides job protection and continuation of health benefits, but unless the employer provides paid leave or a state program covers pay, FMLA leave is unpaid. (State PFML programs are the primary source of paid leave benefits in many jurisdictions.) DOL+1

2) The State Layer: Paid Family & Medical Leave (PFML) — a fast-growing patchwork

2.1 Why states matter

Because FMLA is unpaid, states have stepped in with PFML programs to provide wage replacement during family/medical leave. Each state’s program is different — eligibility, weeks, benefit rates, funding sources (payroll taxes vs employer contributions), and interactions with employer leave policies vary widely. Bipartisan Policy Center+1

2.2 How many states (and which ones) had PFML programs by 2025–2026

By early-to-mid 2025, a number of states had established mandatory PFML systems (California, New Jersey, New York, Rhode Island, Washington, Massachusetts, Connecticut, Oregon, Colorado, and others), with additional states enacting laws that either begin contributions or benefits in 2025–2026 (for example, Delaware’s program contributions began in 2025 with benefits effective 2026). Some states use social-insurance style payroll contributions; others allow private plans. Bipartisan Policy Center+1

2.3 Key program differences employers must watch for

Benefit length: Some states offer 6–12 weeks for bonding, others provide up to 12+ weeks for family leave, and a few combine family + medical for aggregate maximums of many weeks. (Minnesota, for instance, enacted broader benefits that phase in for 2026 in some forms.) The Sun+1
Wage replacement: State programs often replace a percentage of wages up to a cap and sometimes provide progressive replacement (higher percentage for lower-wage workers). Example: New York’s PFL pays a percentage of wages up to a cap; caps are adjusted annually. Paid Family Leave
Funding: Most states fund PFML through payroll taxes (employee share, employer share, or both) or allow employer-funded private plans. Employers should confirm when contributions begin and when benefits start — sometimes contributions begin well before benefits are payable. OnPay+1

3) 2025–2026 developments that change the compliance landscape

Several states and agencies made changes in 2024–2025 with effective dates or phases in 2026. These are the most important near-term developments employers need to know for 2026 planning:

3.1 New states and program rolling starts

Some states enacted PFML laws in 2024–2025 with employee payroll deductions starting in 2025 and benefits beginning in 2026 (or later). Employers in these states must be ready for payroll withholding and communications. Examples include Delaware and others that phased implementation into 2025/2026. OnPay+1

3.2 Minnesota and other states expanding coverage

Minnesota and other state legislatures have enacted or are planning programs that expand reasons, extend durations, and add wage replacement features effective in 2026. Employers in states passing new laws should verify the precise start dates and eligibility windows. (Some states require employer registration in advance of benefit availability.) The Sun+1

3.3 Clarifications on federal & state interplay

The U.S. Department of Labor issued guidance clarifying the interplay between federal FMLA and state PFML programs, including that employers cannot automatically require employees to “stack” or use employer-provided paid leave while receiving state PFML, and rules about notice and substitution vary. Employers should consult DOL guidance and legal counsel to align policies. gtlaw-laborandemployment.com

3.4 State program rule tweaks (example: Washington)

Washington adopted changes in 2025 (HB 1213) that take effect January 1, 2026, addressing topics like employment protections while on leave. States regularly refine rules after initial rollout; employers must track state notices and rulemaking updates. MRSC

4) How FMLA and PFML interact — practical rules and common traps

4.1 Key principle

When an employee is eligible for both FMLA and a state PFML benefit, the leave may qualify for both protections: FMLA provides job protection (unpaid), while PFML provides wage replacement (paid). But how they interact depends on timing, employer policy, and whether the state law provides job protection itself. Employers must carefully manage:

Designation: Employers must designate leave as FMLA-protected where applicable and provide required notices. DOL
Substitution of paid leave: Under FMLA, employers and employees may follow substitution rules (e.g., using accrued PTO concurrently). DOL guidance and some state laws may prohibit forcing an employee to use employer PTO while receiving state benefits; consult state law and DOL guidance. gtlaw-laborandemployment.com
Benefit coordination: Employees may receive PFML wage replacement while on FMLA leave; employers should avoid double-pay scenarios and understand whether employer plans coordinate with state benefits. gtlaw-laborandemployment.com

4.2 Common employer mistakes

Failing to run payroll deductions in a timely way during contribution start windows. (Some states begin collecting contributions before benefits are payable.) OnPay
Assuming PFML covers only bonding — many state programs include serious personal medical leave and caregiving leave as well. Bipartisan Policy Center
Not updating employee handbooks to reflect new state benefits, eligibility and how leave integrates with existing PTO and disability plans. risk-strategies.com

5) State highlights and examples (what employers commonly ask)

Below are thumbnail sketches of notable programs and rules as of late-2025 updates. This is not exhaustive — always check your state agency for final rules.

California (CFRA + State Disability Insurance)

California mixes state disability and paid family leave programs with job protections under the California Family Rights Act (CFRA). California’s system predated many others and continues to change via rulemaking. (Check California EDD for current benefit rates and employer contribution details.)

New York (PFL)

New York’s Paid Family Leave provides wage replacement at a percentage of average weekly wage up to a cap; caps and percentages are adjusted annually. For 2025 the cap and weekly maximum were updated; employers in NY must track annual changes. Paid Family Leave

Washington

Washington’s PFML and amendments (e.g., HB 1213) contain both wage replacement mechanics and employment protections, with several changes taking effect January 1, 2026; employers should review the 2025 rule changes. MRSC

Minnesota

Minnesota enacted a law with significant wage replacement levels and weeks that were scheduled to take effect for 2026; this represents a substantial expansion in that state and employers there must prepare payroll systems and communications. (See state legislative materials and news summaries for specifics.) The Sun+1

Delaware, Connecticut, Colorado, Massachusetts, New Jersey, Oregon, Rhode Island

Each of these states has its own PFML features with differing contribution start dates and benefit start dates (some contributor collections began in 2025 while benefits start in 2026). Employers operating across states should map obligations by state and by payroll period. OnPay+1

Tip: Use a centralized compliance tracker (a spreadsheet or HRIS module) listing each state where you employ people, the date contributions must begin, benefit start date, employee eligibility rules, and required notices/forms. Several HR/payroll vendors publish state trackers that are updated annually.

6) Employer compliance checklist for 2026

To prepare for 2026 compliance across federal and state layers, use this checklist:

Immediate actions (this month)

Inventory where you have employees (states + localities). Determine which state PFML laws apply and their phase-in dates (contribution start, benefit start). OnPay+1
Update payroll systems to handle state payroll deductions. Verify test runs and mapping to state program accounts. OnPay
Update the employee handbook and leave policies to clearly explain FMLA and any state PFML benefits, including substitution rules, notice requirements, and the process to request leave. DOL+1

Operational steps (30–90 days)

Train HR staff and managers on: FMLA eligibility, certification requirements, intermittent leave rules, and the state PFML application process. Emphasize confidentiality and documentation. DOL
Create standard notice templates (employee rights notices, medical certification request forms, return-to-work forms) aligned to both federal and state requirements. DOL+1
If you offer an employer-paid short-term disability or paid parental leave plan, map out coordination/offset rules with state benefits and see whether private plans can be integrated or whether the state allows private plans to opt out. Bipartisan Policy Center

Ongoing compliance

Watch for state benefit cap increases and rate updates (many state programs index benefit caps annually). Example: New York adjusts its State Average Weekly Wage annually for benefit caps. Paid Family Leave
Re-audit processes annually (or after major rule changes) to ensure correct withholding, employer contribution remittance, and employee communication. risk-strategies.com

7) Practical examples and scenarios

Scenario A — Employee in a PFML state gives birth

An eligible employee in a state with PFML (for example, New York) gives birth. They may be eligible for:

State PFML wage replacement for bonding (weeks depend on state). Paid Family Leave
FMLA job protection concurrently (if employer is covered and employee eligible). DOL
Employer steps: designate leave as FMLA if eligible, notify employee of rights, help them apply for state benefits, and coordinate any employer-paid parental leave benefits.

Scenario B — Employee with serious medical condition in a newly implementing state

If a state began collecting contributions in 2025 and benefits start in 2026, an employee with a qualifying serious medical condition in early 2026 might apply for state PFML for wage replacement and be protected by FMLA job-protection if eligible. Employer must comply with medical certification rules and DOL guidance on interaction. OnPay+1

8) What employees should do (a short guide to your rights and practical steps)

If you’re an employee planning leave or who may need family/medical leave:

Check employer handbook for FMLA and state PFML policies.
Confirm eligibility: how long you’ve worked and your hours (FMLA: 1,250 hours; states vary). DOL
Give notice: provide as much notice as possible (30 days when foreseeable in many state laws; FMLA prefers “30 days if possible”). DOL+1
Apply for state benefits promptly — some states require employees to submit an application for wage replacement. Paid Family Leave+1
Keep documentation: medical certifications, communications with HR, and any state benefit notices (helps on return-to-work and appeals). DOL

9) Frequently Asked Questions (FAQs)

Q: Can my employer force me to use PTO while on PFML?
A: It depends. Under FMLA, employers and employees can agree to use accrued paid leave during FMLA leave. However, some state PFML laws and recent federal guidance limit or regulate whether employers can require employees to exhaust employer-provided paid leave while receiving state PFML benefits. Check the DOL guidance and your state rules. gtlaw-laborandemployment.com+1

Q: If I get PFML wages, can my employer still require me to provide medical certification?
A: Yes. Employers can require medical certification consistent with FMLA rules. State PFML programs typically have their own certification requirements for benefit eligibility. Employers should coordinate and avoid duplicative or conflicting requests. DOL+1

Q: Does PFML replace short-term disability?
A: Many states’ PFML programs sit alongside state or private disability insurance; in some cases, PFML covers family leave while disability covers the employee’s own serious medical condition. The precise interaction varies by state. Employers who self-insure or offer private plans should confirm offsets and integration. Bipartisan Policy Center

Q: If I work remotely across state lines, which state’s PFML applies?
A: This is complex and fact-specific — it often depends on the employee’s primary work location, where payroll is reported, and state rules. Employers with remote workers in multiple states should get legal and payroll counsel to map obligations. risk-strategies.com

10) Sample employer policy language (short version you can adapt)

“The Company complies with the federal Family and Medical Leave Act (FMLA) and applicable state paid family and medical leave (PFML) laws. Eligible employees may be entitled to up to 12 weeks of unpaid, job-protected leave under FMLA, and to wage replacement benefits where provided by state PFML. Employees should provide 30 days’ advance notice where foreseeable, and follow the Company’s leave request procedures. Where an employee is eligible for both FMLA and PFML, the Company will designate the leave accordingly and provide notices required by law.”

(Adapt this text to the specific state rules and legal counsel guidance.) DOL+1

11) Recordkeeping, audits and enforcement risks

Federal enforcement: DOL enforces FMLA; employees can file complaints and private suits for violations. DOL
State enforcement: State agencies administer PFML claims and audits. Noncompliance with contribution remittance, misclassification of employees, or failing to post required notices can trigger fines and interest. OnPay+1
Practical tip: Keep a log of all leave requests and documents, payroll deductions for PFML contributions, notices provided to employees, and determinations about designation of FMLA leave.

12) Where to find authoritative, up-to-date information

U.S. Department of Labor (DOL) — FMLA basics, forms, and employer obligations. DOL+1
National Conference of State Legislatures (NCSL) — snapshot summaries and state trackers for PFML and paid leave laws. NCSL
State official PFML program websites — e.g., New York Paid Family Leave, state labor departments, or the state’s PFML agency. (State pages also announce contribution dates and benefit caps.) Paid Family Leave+1
Legal and benefits advisors — for complex workplace scenarios (multi-state payroll, collective bargaining, federal contracting).

13) Looking ahead — trends to watch for 2026 and beyond

More states adopting or expanding PFML, with a tendency toward longer combined family + medical leaves and higher wage replacement for lower-income workers. Bipartisan Policy Center+1
Increased DOL clarifyings about interplay between federal and state rules and more state rulemaking following initial program rollouts. Expect further guidance and adjustments. gtlaw-laborandemployment.com+1
Employer innovation: some employers will craft integrated employer-paid plans that either top up state benefits or provide coordinated private coverage; others will adapt HRIS systems to automate compliance. risk-strategies.com

14) Final checklist — what HR leaders should do this week for 2026 readiness

Map employees by state and confirm which PFML rules apply. OnPay
Test payroll withholding configurations for any states where contribution collection has begun or will soon. OnPay
Update handbook, manager training and employee FAQs to reflect current FMLA and state PFML rules. DOL+1
Designate a point person for leave intake and processing who will coordinate PFML applications with DOL/FMLA designation rules. gtlaw-laborandemployment.com
Subscribe to state agency newsletters (or vendor trackers) for rule changes, rate adjustments, and implementation guidance during 2026. risk-strategies.com

Resources and further reading (authoritative links)

U.S. Department of Labor — Family & Medical Leave Act (FMLA) overview and forms. DOL+1
NCSL — State family and medical leave laws summary. NCSL
State PFML program pages (example: New York Paid Family Leave). Paid Family Leave
Risk & benefits summaries that track mid-year state developments (helpful for employers). risk-strategies.com+1