Paid Family Leave for State Government Employees

Paid family leave is a critical worker support, yet access remains uneven nationwide. While much of the policy debate tends to focus on private sector worker leave benefits, the policy context for the more than 20 million public sector employees nationwide is different.

In the public sector, state governments are a major employer, with 5.5 million workers. Yet state government employees are often excluded from state paid family leave mandates and treated as a separate entity. While many states have expanded access to paid family leave benefits in recent years, who is actually covered, and for what, varies greatly.

Currently, 41 states and the District of Columbia offer a paid leave benefit to at least some state government employees, though eligibility and coverage can vary significantly across employee groups within a state. Nine states, Alaska, California, Hawaii, Montana, North Dakota, Rhode Island, West Virginia, Wisconsin, and Wyoming, do not offer any paid family leave benefit to state government employees.

As policymakers continue to explore options for expanding access to paid family leave benefits, this explainer outlines the role state governments play in offering these benefits to their workers.

How Do State Paid Family Leave Policies Affect Government Employees?

Fourteen states and DC have enacted statewide paid family leave mandates, primarily aimed at the private sector. While it is not uncommon for statewide mandates to include state government employees, not all of them automatically do so. State governments, like any employer, look to offer competitive benefits like paid family leave to their workforce to attract and retain top talent, and as such, may choose to do so through a separate policy.

States have chosen to provide paid family leave in different ways. New York and Virginia do not include state government employees, among others, in their statewide mandates for primarily private sector employees. New York offers a separate paid parental leave policy for state executive branch employees. Virginia covers state government employees through a separate policy, which they recently updated to ensure that state employee benefits are at least equivalent to those provided by employers covered by the mandate.

California and Rhode Island exclude state employees from their mandatory program without an alternative paid family leave policy. In both states, paid parental leave benefits for public employers have largely been contingent on separately negotiated union contracts or collective bargaining agreements. In California, for example, some state government workers are now entitled to these benefits, while others are not because the unions for those employees have not bargained for the benefits or are unable to reach agreements over size and scope of the benefits for these workers.

Two states, New Hampshire and Vermont, fall in-between these approaches. Each state established a program for state government employees through their voluntary private insurance plan. By purchasing coverage for their workers, it created the necessary conditions to incentivize private sector employers to voluntarily purchase similar insurance plans.

Despite the different approaches in these states and DC, many of which are promising and fill necessary gaps, only 26% of state government employees have access to paid family leave benefits nationwide based on 2023 data from the U.S. Bureau of Labor Statistics.

Which State Government Employees Qualify for Paid Family Leave?

Many state programs offer benefits only to certain categories of state employees. Indeed, the term “state employee” self lacks a single, universal definition. As a result, different types of state government workers have different access to benefits in each state.

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Covered State EmployeesStates

State government employeeAL, AZ, CO, CT, DE, DC, GA, IN, IA, LA, ME, MD, MA, MI, MN, MS, NE, NV, NJ, NC, OH, OK, OR, SC, UT, VA, WA

State executive branch employeeFL, ID, IL, KS, KY, MO, NH, NM, NY, PA, SD, TX, and VT

State executive and judicial branch employeeTN

Female state government employeeAR, NE

How Do Paid Family Leave Durations and Benefit Types Vary by State?

Paid parental leave, time off to welcome a new child, is the most common type of family leave offered to state employees. The Trump administration modeled this targeted policy approach for government employees in 2019 with the enactment of the Federal Employee Paid Leave Act (FEPLA), which provides paid parental leave to all federal employees.

All 42 policies cover paid parental leave at a minimum. Several states offer more leave options aligned with the Family and Medical Leave Act, which includes parental, family caregiving, and medical leave.

Qualifying LeaveStates

All three leave types (parental, family caregiving, and medical) CO, CT, DE, DC, ME, MD, MA, MN, NV, NH, NJ, OR, VT, VA, WA

Parental leaveAZ, AL, AR, FL, GA, ID, IL, IA, KS, KY, LA, MI, MS, MO, NE, NM, NY, NC, OH, OK, PA, SC, SD, TN, TX, UT

Family caregiving leaveAZ, TN

Medical leaveKY

State parental leave coverage and duration of leave benefits can vary depending on whether the employee is designated as the primary caregiver (typically the birthing parent) or secondary caregiver (typically the non-birthing parent). Most states offer between six and 12 weeks of leave for primary caregivers. Two exceptions, Iowa and Utah, offer shorter leaves that cover only the primary caregiver.

State governments use these policies as a tool to attract and retain talent, so they often cover 100% of an employee’s base salary during leave. Broader statewide mandates, which some policies conform to, alternatively use a progressive benefit structure that covers a portion of employee wages.

Features of State Government Paid Family Leave Policies

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State Enacted Effective Covered Employees Leave Duration Other Leave Interactions with Other Leave Tenure or Earnings Requirements Leave Requirements Wage Replacement Job Protection

Parental (Primary) Parental (Secondary) Family Caregiving Medical Leave

Alabama Enacted 2025 Effective July 2025 State government employees and members of local education agencies 8 weeks 2 weeks, 10 weeks for adoption of child 3 years or younger (8 weeks for one parent, 2 weeks for the other parent) Cannot be required to use sick leave, annual leave, or other type of leave first or in lieu of parental leave Employed by covered employer for at least 12 months preceding qualifying event Requires a “return to work” agreement stating the employee will not separate from the employer for at least 8 weeks upon returning (unless immediate qualifying health emergency). Intermittent bonding leave within 365 days of the qualifying event can be agreed to with the employer within same duration limits. 100% of eligible employee’s pay Yes

Arizona Enacted 2023 Effective Sept 2023 State government employees 12 weeks 12 weeks 12 weeks (family sick leave), Not required to exhaust sick or annual leave Employed by the state for at least 12 months during past 7 years and worked minimum of 1,250 hours in past year Required to return to employment for at least 12 weeks following leave, or may be responsible to pay back the state. Can use 12 weeks intermittently during 12-month period. 100% of eligible employee’s base pay No

Arkansas Enacted 2017 Effective 2017 Female state government employees 12 weeks, , Foster placement of infant under 1 year old Not required to exhaust all sick or annual leave before being granted maternity leave Employed by covered employer for at least 12 months preceding qualifying event Required to use the leave consecutively in the immediate 12 weeks following qualifying event. 100% of eligible employee’s pay No

Colorado Enacted 2020 Effective 2024 All workers, including state and local government employees 12 weeks 12 weeks 12 weeks 12 weeks Additional leave: 4 weeks for pregnancy or childbirth complications and 12 weeks NICU leave May elect to use sick or annual leave to cover un-replaced portion of wages Earned at least $2,500 in past year, 90% of up to 50% of CO AWW + 50% of remaining worker’s AWW Yes, if employed by state for at least 180 days before start of leave

Connecticut Enacted 2017 Effective 2021/2022 Businesses with one or more employees and state government employees 12 weeks 12 weeks 12 weeks 12 weeks, Made at least $2,325 in highest-earning quarter, 95% of AWW up to 40× CT minimum wage + 60% of AWW > 40× CT min wage Yes

Delaware Enacted 2022 Effective 2025/2026 Businesses with 25 or more workers (10 or more for parental leave), including state government employees and teachers 12 weeks 12 weeks 6 weeks 6 weeks, May elect to use PTO to cover un-replaced portion of wages. Combined total of 12 workweeks of leave in a 12-month period. Employed at least 1 year and worked at least 1,250 hours with a single employer Family caregiving and medical leave limits are over 24-month period; parental leave limits are over a 12-month period. 80% of AWW Yes

District of Columbia Enacted 2022 Effective 2023 District government employees 8 weeks 8 weeks 8 weeks 2 weeks 2 weeks of pre-natal leave (counts against available paid leave) Combined total of 12 workweeks of leave in a 12-month period. Not required to exhaust sick, vacation, or personal time prior to or while taking leave., Must be used within 12 months in one-hour increments (agencies may require one-day increments). Probationary employees enter a 1-year continuation of service agreement. 100% of eligible employee’s pay Yes

Florida Enacted 2023 Effective Dec 2023 State executive branch employees 7 weeks 2 weeks, , Total of 9 weeks for birthing parent. Can also use sick leave within year following birth or adoption, with combined total up to 16 weeks. Employed by the state for at least 12 months during past 7 years and worked minimum of 1,250 hours in past year Maternity leave must be taken consecutively immediately following qualifying event. 100% of eligible employee’s base pay Yes, 6 months of unpaid protected leave available within 1 year following birth or adoption

Georgia Enacted 2021 Effective 2021 State government employees and members of local education agencies 6 weeks 6 weeks, , Concurrent with FMLA; determined by employing entity, not universal 6 continuous months of employment Leave can be taken in 8-hour increments over 12-month period. 100% of eligible employee’s base pay No

Idaho Enacted 2020 Effective 2020 State executive branch employees 8 weeks 8 weeks, , Employed by the state for at least 12 months during past 7 years; worked minimum of 1,250 hours in past year; and must be a benefit-eligible employee Leave to be used during 12 weeks immediately following qualifying event. 100% of eligible employee’s base pay No

Illinois Enacted 2025 Effective 2025 State executive branch employees 10 weeks 10 weeks, , , Leave can be taken in week increments over 12-month period. 100% of eligible employee’s base pay No

Indiana Enacted 2025 Effective 2025 State government employees 6 weeks 4 weeks (150 hours), , Childbirth recovery leave (6 weeks) and new parent leave (~4 weeks) can be taken consecutively Employees with less than 6 months of service must agree to complete at least 1 year of consecutive state employment as a condition for taking leave Must be taken within 6 months of qualifying event. 100% of eligible employee’s base pay No

Iowa Enacted 2025 Effective 2025 State government employees 4 weeks 1 week, 4 weeks for adoption, Leave can be used over 12-month period. 100% of eligible employee’s base pay No

Kansas Enacted July 2021 Effective July 2021 State executive branch employees 8 weeks 4 weeks, , Employed for at least 180 days Leave may be taken up to 30 days before projected date of qualifying event or within the 12 weeks immediately following. 100% of eligible employee’s base pay No

Kentucky Enacted June 2025 Effective June 2025 State executive branch employees 6 weeks 6 weeks, 6 weeks Covers birth of child or placement of child for adoption or foster care Not required to use other accrued leave before paid leave Eligible for paid leave upon appointment, 100% of eligible employee’s base pay No

Louisiana Enacted 2025 Effective 2025 State government employees 6 weeks 1 week, Covers 6 weeks for birth of child or placement of child for adoption or foster care, FMLA eligible Leave can be used over 12-month period. 100% of eligible employee’s base pay No

Maine Enacted 2023 Effective 2025/2026 Businesses with more than one employee, including state and local government employees and teachers 12 weeks 12 weeks 12 weeks 12 weeks Covers birth of child or placement of child for adoption or foster care Not required to exhaust sick, vacation, or personal time prior to or while taking leave Earned at least 6× state AWW subject to premiums during first 4 of past 5 completed calendar quarters Leave may be taken in 1-day increments. 7-day waiting period for medical leave benefits. 90% of up to 50% of ME AWW + 66% of remaining worker’s AWW No

Maryland Enacted 2022 Effective 2027/2028 Businesses with more than one employee, including state and local government employees and teachers 12 weeks 12 weeks 12 weeks 12 weeks Covers birth of child or placement of child for adoption or foster care Not required to exhaust other leave Worked at least 680 hours over past year (4 most recently completed calendar quarters), 90% of up to 65% of MD AWW + 50% of remaining worker’s AWW Yes, employee must be restored to equivalent position

Massachusetts Enacted 2018 Effective 2019/2021 Businesses with more than one employee, including state and local government employees 12 weeks 12 weeks 12 weeks 20 weeks Covers birth of child or placement of child for adoption or foster care Maximum of 26 weeks combined leave in 12-month period Earned at least $6,300 over past year (4 most recently completed calendar quarters), 80% of up to 50% of MA AWW + 50% of remaining worker’s AWW Yes, employee must be restored to same or equivalent position and protected from negative job changes during leave or 6 months following

Michigan Enacted 2023 Effective 2023 Businesses with more than one employee, including state and local government employees 12 weeks 12 weeks, Covers birth or adoption of child Not always required to exhaust other leave Completed an initial probationary period and worked at least 1,250 hours over past year Must be taken as 12 contiguous weeks immediately after qualifying event. 100% of employee’s base pay No

Minnesota Enacted 2023 Effective 2026 Businesses with more than one employee, including state and local government employees 12 weeks 12 weeks 12 weeks 12 weeks Covers birth of child or placement of child for adoption or foster care Maximum of 20 weeks combined leave in 12-month period Have wage credits of at least 5.3% of MN AWW (rounded down to next lower $100) from the most recent 4 completed calendar quarters, 90% of up to 50% of MN AWW + 66% of wages btwn 50, 100% of MN AWW + 55% of wages in excess of MN AWW Yes

Mississippi Enacted 2025 Effective 2026 State government employees 6 weeks, , Covers birth or adoption of child Only one parent can be the primary caregiver and qualify for paid parental leave Employed for a minimum of 12 consecutive months Leave to be used during 12 weeks immediately following qualifying event. 100% of employee’s base salary No

Missouri Enacted 2017 Effective Feb 2017 State executive branch employees 6 weeks 3 weeks, Covers birth or adoption of child Not required to use accrued sick or other leave time while on parental leave, 100% of employee’s base pay Yes

Nebraska Enacted 2025 Effective July 2025 Female state government employees 6 weeks, , Covers birth of child, , 100% of employee’s base pay Yes

Nevada Enacted June 2023 Effective 2024 State executive branch employees 8 weeks 8 weeks 8 weeks 8 weeks Covers birth or adoption of child Must use accrued sick leave in excess of 40 hours prior to taking paid family leave Must have at least 40 hours of accrued sick leave; must be employed for no less than 12 consecutive months Must be used within 12 months. 50% of employee’s regular pay No

New Hampshire Enacted June 2021 Effective 2023 State executive branch employees 6 weeks 6 weeks 6 weeks 6 weeks Covers birth of child or placement of child for adoption or foster care, , 60% of AWW No

New Jersey Enacted 2008 Effective 2009 Businesses with one or more employees, including state and local government employees 12 weeks 12 weeks 12 weeks 26 weeks Covers birth of child or placement of child for adoption or foster care, 20 weeks of work earning at least $310/week or a combined total of $15,500 over the four quarters of the base year If leave is taken intermittently, entitled to 8 weeks total for parent and family caregiving leave. 85% of AWW Yes

New Mexico Enacted 2019 Effective 2020 State executive branch employees 12 weeks 12 weeks, Covers birth or adoption of child, 12 consecutive months of employment, 100% of the eligible employee’s base pay No

New York Enacted January 2023 Effective Feb 2023 State executive branch employees 12 weeks 12 weeks, Covers birth of child or placement of child for adoption or foster care Paid Parental Leave may be used in combination with all other paid and unpaid childcare leave benefits, but cannot run concurrently. Eligible on first day of service Available for use once every 12-month period. Cannot be used intermittently. 100% of the eligible employee’s base pay No

North Carolina Enacted May 2019 Effective Sept 2019 State government employees 8 weeks 4 weeks, 4 weeks for adoption, foster placement, or legal placement of a child, 12 months of employment (allows for the aggregation of service across qualifying employers) Must be used within 12 months of a qualifying event. 100% of eligible employee’s base pay No

Ohio Enacted June 1997 Effective 2023 (last amended) State government employees 12 weeks 12 weeks, Covers birth or adoption of child or for stillborn child Employees can use available sick, personal, or vacation leave to cover the balance of pay during parental leave up to 100% of base pay, Must be used within 12 months of a qualifying event. 70% of eligible employee’s base pay No

Oklahoma Enacted June 2023 Effective Nov 2023 State government employees 6 weeks, , , Employed by a state agency for at least 2 years prior. For teachers: employed by the district for at least one year and worked at least 1,250 hours in the preceding 12-month period. Leave must be taken in the immediate six weeks following birth. 100% of eligible employee’s base pay No

Oregon Enacted 2019 Effective Sept 2019 Businesses with one or more employees, including state and local government employees 12 weeks 12 weeks 12 weeks 12 weeks Covers birth of child or placement of child for adoption or foster care, Earned at least $1,000 in base year, 100% of AWW up to 0.65× SAWW + 50% of AWW >0.65× SAWW Yes, for employees with 90+ consecutive days with same employer

Pennsylvania Enacted 2020 Effective 2020 State executive branch employees 8 weeks 8 weeks, Covers birth of child or placement of child for adoption or foster care, Worked for the state for at least 12 months and 1,250 hours Must be used consecutively within 180 days. 100% of eligible employee’s base pay No

South Carolina Enacted 2022 Effective 2022 State government employees 6 weeks 2 weeks, Covers birth of child or placement of child for adoption or foster care If both parents are eligible state employees, leave can be taken concurrently, consecutively, or at different times, Must be taken consecutively; foster parents can take leave in nonconsecutive 1-week increments with approval. Must be taken within 12 months of the qualifying event. 100% of eligible employee’s base pay No

South Dakota Enacted May 2023 Effective May 2023 State executive branch employees 12 weeks 12 weeks, Covers birth or adoption of child An employee may use sick leave and annual leave beyond the parental leave period, not to exceed accumulated sick/annual leave balance or 12 weeks, whichever is less Worked for the state continuously for at least six months before leave Can be taken within one year following the birth or placement of a child. Can be taken in non-consecutive, 1-week increments. 100% of eligible employee’s base pay No

Tennessee Enacted January 2020 Effective Mar 2020 State executive or judicial branch employees 6 weeks 6 weeks 6 weeks, Covers birth or adoption of child, 12 consecutive months of employment Leave can be taken within one year of birth. 100% of eligible employee’s base pay No

Texas Enacted 2023 Effective Sept 2023 State executive branch employees 8 weeks 4 weeks, Covers birth or adoption of child, Worked for the state for at least 12 months and 1,250 hours in the preceding 12-month period Cannot be taken intermittently. 100% of eligible employee’s base pay No

Utah Enacted 2022 Effective July 2023 State government employees 3 weeks (6 weeks total with postpartum recovery leave) 3 weeks, Covers birth of child or placement of child for adoption or foster care Parental leave is consecutive to postpartum recovery leave, Leave can be taken within 6 months following birth, adoption, or appointment of legal guardianship. May not be used intermittently unless certain conditions are met. Cannot use more than three weeks of paid parental leave. 100% of eligible employee’s base pay Yes

Vermont Enacted December 2022 Effective July 2023 State executive branch employees 6 weeks 6 weeks 6 weeks 6 weeks Covers birth of child or placement of child for adoption or foster care, , 60, 70% of employee’s AWW No

Virginia Enacted 2019 Effective July 2019 State government employees* 8 weeks 8 weeks, Covers birth of child or placement of child for adoption or foster care May run concurrently or sequentially with leave provided under FMLA and/or Virginia Sickness and Disability Program Employed for a minimum of 12 consecutive months Taken within 6 months following birth, adoption, or foster placement of the child. Taken only once in a 12-month period and once per child. 100% of employee’s base pay Yes

Washington Enacted 2017 Effective 2020 Businesses with one or more employees, including state and local government employees 12 weeks 12 weeks 12 weeks 12 weeks Covers birth of child or placement of child for adoption or foster care Additional 4, 6 weeks of leave for pregnancy-related medical complications (e.g., c-section) After working 820 hours 12 weeks of family leave + 12 weeks of medical leave per 52-week period. 90% of employee’s AWW Yes

AWW = leave taker’s base period average weekly wages • SAWW = statewide average weekly wage • States without a dedicated program: Alaska, California, Hawaii, Montana, North Dakota, Rhode Island, West Virginia, Wisconsin, and Wyoming.

Conclusion

Given that states are a major employer in most states, the more generous their paid family leave policies are, the more pressure it puts on the private sector or federal government to match these benefits to remain competitive in attracting talented workers. As federal and state policymakers continue to innovate ways to expand access to paid family leave benefits, reviewing these policies can provide important insights into who is already covered and who is left out across the public and private sector.

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