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Currently, 13 states and the District of Columbia have enacted paid family and medical leave (“PFML”) programs, which provide benefits to employees who need family and/or medical leave and which are funded by contributions from employees and/or employers. As the landscape of state PFML programs continues to evolve, 2026 introduces notable changes across the country. A number of states have enacted new paid family and medical leave laws or expanded existing programs. Some recent changes took effect January 1, and others are scheduled to take effect later this year. Delaware, Maine, and Minnesota have rolled out new PFML programs, while Colorado, Rhode Island, and Washington have implemented notable changes to existing laws.

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These developments reflect a broader national trend toward paid leave programs and create increased compliance demands for multistate employers.

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Delaware – Paid Family and Medical Leave Effective January 1

<a href="https://labor.delaware.gov/delaware-paid-leave/">Delaware's PFML</a> benefits became available to eligible employees on January 1, 2026. This program provides partial wage replacement benefits for up to 12 weeks of parental, family caregiving, or medical leave per year. Covered employers are those with 10 or more employees in Delaware. However, employers of 10-24 employees are only required to provide parental leave and not caregiver or medical leave.  Eligible employees also have job restoration rights when returning from PFML.

Employers may choose to provide benefits through an approved fully insured or self-insured private plan in lieu of participating in the state-run program.

Employers can find helpful information, guidance, and notices at the <a href="https://labor.delaware.gov/delaware-paid-leave/">Delaware Department of Labor Paid Leave website.</a>

Minnesota – Paid Family and Medical Leave Effective January 1

<a href="https://paidleave.mn.gov/">Minnesota’s PFML</a> program also became effective January 1, 2026, with both benefit availability and employer and employee premium contributions beginning on that date. The program applies to almost all private employers and provides paid leave for an employee’s own serious health condition, to care for a family member with a serious health condition, to bond with a new child, to attend to certain military-related exigencies, and for safety-related reasons for victims of sexual assault, stalking, or domestic abuse. Employees may take up to 12 weeks of family leave and up to 12 weeks of medical leave, capped at a combined total of 20 weeks per benefit year. Employees are eligible for job restoration rights 90 days after their day of hire.

Employers should note that employees may take up to 480 hours of leave intermittently for all types of leave allowed under the program, including bonding leave.

Employers generally must pay half of required premiums, although qualifying small employers are subject to reduced contribution obligations. Employers may also seek approval for equivalent private plans (including self-funded plans or plans through an insurance carrier).

Employers can find helpful information, guidance, and notices at the <a href="https://pl.mn.gov/employers/roles-and-responsibilities">Minnesota Paid Leave website.</a>

Maine – Paid Family and Medical Leave Begins May 1

Beginning May 1, 2026, covered employees in Maine may apply for PFML benefits. The program allows up to 12 weeks of paid leave per application year for qualifying reasons, including to bond with a new child, care for a family member with a serious health condition, attend to a qualifying military exigency, care for a covered service member, and for safe leave for victims of sexual assault. If an employee is employed for at least 120 days before taking leave, their leave is job protected.

Benefits are funded by payroll contributions generally split evenly between employers and employees. Employers with fewer than 15 employees are exempt from the employer portion of the premium. Employers may also use approved private or self-insured plans.

Employers can find helpful information, guidance, and notices at the <a href="https://www.maine.gov/paidleave/">Maine Paid Leave website.</a>

Expansion of Existing Paid Leave Programs

Colorado – Expansion for NICU-Related Leave

Beginning January 1, 2026, eligible Colorado employees can receive up to an additional 12 weeks of paid leave under the state’s PFML program when a child requires inpatient care in a neonatal intensive care unit (NICU). Parents eligible for this <a href="https://famli.colorado.gov/individuals-and-families/reasons-to-take-famli-leave/neonatal-care-leave">neonatal care leave</a> include biological parents, foster parents, stepparents, adoptive parents, and individuals acting in loco parentis. This is on top of existing PFML leave entitlement. &nbsp;These employees will therefore be entitled to a total of up to 24 weeks of paid leave in a benefit year (e.g., 12 weeks of neonatal care leave and then 12 weeks of bonding leave).

Employers can find helpful information, guidance, and notices at the <a href="https://famli.colorado.gov/resources/famli-toolkit">Colorado FAMLI website.</a>

Washington – Expanded Paid Family and Medical Leave Protections

Effective January 1, 2026, Washington expanded job-protected leave provisions under its PFML program. Employers with 25 or more employees (reduced from 50) must now provide job protection to employees taking covered leave. The eligibility threshold for job protection is now reduced to 180 days of employment, rather than 12 months and 1,250 hours. Additionally, employers must maintain health insurance during job-protected leave, and employers are required to provide written notice of reinstatement prior to an employee’s return from extended leave.

The amendments also give employers the opportunity to limit employees’ ability to stack federal and state leave.  Leave stacking can occur if an employee takes federal FMLA, but declines to apply for WA PFML, and then after unpaid FMLA expires, the employee chooses to apply for WA PFML—resulting in the employee being able to take a much more extensive job-protected leave. 

Under the amendments, employers can curb leave stacking by providing specific notices to employees.&nbsp; Employers must provide notice within five business days of the employee’s initial request or use of FMLA, whichever comes first, and must continue to provide this notice monthly during the employee’s FMLA leave.

Employers can find helpful information, guidance, and notices at the <a href="https://paidleave.wa.gov/employers/">Washington PFML website.</a>

Rhode Island – Temporary Disability / Caregiver Insurance

Effective January 1, 2026, Rhode Island expanded its temporary disability and caregiver insurance program, which provides paid leave benefits, including to care for a seriously ill qualifying family member. The program now provides benefits for employees caring for a seriously ill sibling and for employees serving as bone marrow or living organ donors.

Employers can find helpful information, guidance, and notices at the <a href="https://ripaidleave.net/employers">Rhode Island Paid Leave website.</a>

Looking ahead, Virginia is considering <a href="https://lis.virginia.gov/bill-details/20261/SB2">a bill</a> that would implement PFML in 2029, with contributions beginning in 2028.

Additionally, Maryland already enacted a PFML program, but has delayed implementation, so that payroll deductions are scheduled to commence on January 1, 2027, with benefits available in 2028. Employers can visit <a href="https://paidleave.maryland.gov/">Maryland’s Paid Leave website</a> for information and updates on implementation.

Key Takeaways for Employers

Employers should evaluate their obligations under these new and updated paid leave laws and ensure compliance with requirements such as payroll contributions, handbooks and policies, and posting and notices. Contact your Michael Best attorney for further assistance.

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Paid Family and Medical Leave Laws: Key Changes for 2026

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