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Family and Medical Leave


The federal Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide up to 12 weeks of unpaid medical or family leave in any 12 month period. States can expand these protections by extending eligibility to additional workers, offering longer leave, and/or providing partial wage replacement for workers on leave. [More detail...]

Federal decisions are italicized.

Eligibility Criteria and Benefits

Unpaid Leave

Federal eligibility and benefits1Employers of 50 or more employees required to provide up to 12 weeks job-protected, unpaid leave to employees who have worked for at least 12 months and for 1,250 hours when seriously ill; or to care for a new child, or a seriously ill child, spouse, or parent. (2006)
State provisions for unpaid leave that are more generous than federal2Employers w/4 or more employees required to offer 8 weeks leave for pregnancy, childbirth, or related medical conditions. (2006)

Paid Leave

State provisions for paid leave2None (2006)

Data Notes and Sources

Data on Family and Medical Leave Policies were compiled by NCCP in October 2007. Some state policy decisions may have changed since these data were collected.

  1. National Conference of State Legislatures, "State Family and Medical Leave Laws" (including external links to individual state statutes), 2006, http://www.ncsl.org with additional information from National Partnership for Women and Families, "Expecting Better: A State-by-State Analysis of Parental Leave Programs," 2005, http://www.nationalpartnership.org (accessed October 1, 2007); with additional information from NCCP.
  2. These reflect provisions for private sector employees; more generous rules may apply for the public sector.
    National Conference of State Legislatures, "State Family and Medical Leave Laws" (including external links to individual state statutes), 2006, http://www.ncsl.org with additional information from National Partnership for Women and Families, "Expecting Better: A State-by-State Analysis of Parental Leave Programs," 2005, http://www.nationalpartnership.org (accessed October 1, 2007); with additional information from NCCP.