States with Paid Family Leave (PFL) or Paid Family & Medical Leave (PFML)

Paid Family Leave (PFL) and Paid Family & Medical Leave (PFML) are benefits that currently exist in several states to give partial pay to employees for their time off work taken for qualified family or medical leave.

PFL/PFML coverage and claims are handled exclusively through state agencies—Gusto cannot advise on the amount of coverage an employee may or may not receive from the state. 

Reducing an employee's salary while they're taking advantage of the benefit(s)

If you need to reduce your employee’s salary while they are on PFL or PFML, schedule a compensation change in their employee profile.

States with PFL or PFML

State Additional information
California

The California State Disability Insurance (SDI) program provides short-term Disability Insurance (DI) and Paid Family Leave (PFL) wage replacement benefits to eligible workers who need time off work.

The city of San Francisco has additional requirements for employers.

Colorado

Starting January 1, 2023, contributions to Colorado’s FAMLI program will be shared between employers and workers.

Beginning on January 1, 2023, your employers may begin deducting up to 0.45% of and employee's pay to cover the employee-portion of the FAMLI premium—some employers may choose to cover some or all of your share as an added benefit.

Connecticut 

Employers are responsible for withholding and submitting payroll deductions for each employee—these deductions must be submitted to the CT Paid Leave Authority quarterly.

Delaware

Beginning Jan 1, 2025, the Family and Medical Leave Insurance Program will be funded by employer and employee contributions.

Maryland

Paid leave will be available on Jan. 1, 2025.

Massachusetts

Employers with 25 or more covered individuals in last year's workforce are responsible for making employer contributions for covered individuals in the current workforce.

Employers with less than 25 covered individuals in last year's workforce do not need to make an employer contribution this year. However, you still need to send the employee portion of the contribution to the agency on their behalf.

Michigan

Covers employers who employ 50 or more individuals. Paid medical leave is accrued at a rate of 1 hour for every 35 actual hours worked. More info can be found here.

New Jersey

Workers can collect Family Leave Insurance benefits for a maximum of twelve consecutive weeks in a 12-month period, or up to eight weeks (56 individual days) in a 12-month period, if taking leave in a non-continuous manner.

New York Most private employers with one or more employees are required to obtain Paid Family Leave insurance. Employers must:
  1. Obtain Paid Family Leave coverage.
  2. Collect employee contributions to pay for their coverage.
  3. Complete the employer portion of the Paid Family Leave request form when a worker applies for leave. 
Oregon On Jan. 1, 2023, if a business has 25 or more employees, they'll start paying into the program.
Rhode Island Temporary Disability Insurance (TDI) and Temporary Caregiver Insurance (TCI) are financed entirely by payroll deductions. TDI is income support for individuals out of work for non-work-related illness or injury. TCI is income support (up to 4 weeks) for individuals out of work to care for a seriously ill child, spouse, domestic partner, parent, parent-in-law, or grandparent, or to bond with a newborn child, adopted child, or foster child. 
Washington D.C. 

DC Paid Family Leave is for all private-sector workers in DC, including people who work in DC but live in another state.

Paid Family Leave benefit payments are funded by a quarterly payroll tax based on the immediate past
quarter of gross or total wages paid, much like the Unemployment Insurance (UI) tax.

Washington

Employers of every size are required to:

  1. Collect premiums and submit reports to the state each quarter
  2. Notify employees about the program.