Leave Laws by State and Municipality

Author: XpertHR Editorial Team

There are few federal laws requiring a private employer to provide employees with a leave of absence. However, most states and some municipalities provide employees with more leave rights than required by federal law. The following chart provides a brief overview of the major leave requirements in each jurisdiction and to which employers they apply. Unique laws are listed under Additional Leave Protections.

The chart does not include:

  • Workers' compensation laws;
  • Laws under which leave may be required as an accommodation (e.g., related to pregnancy, disability, religion, domestic violence);
  • Laws that require leave based on another leave type being offered (e.g., leave for adoptive parents is required if leave for biological parents is offered); or
  • Laws covering only state/public employees or public contractors/subcontractors (such as the Executive Order requiring federal contractors and subcontractors to provide paid sick leave, effective January 1, 2017).

Paid sick and safe leave is trending at the local level. The chart includes the states and major municipalities that have passed such laws. For more information on state and municipal paid sick leave laws, please see Paid Sick Leave by State and Municipality.

Also included on this chart are paid family leave laws, some of which provide leave and reinstatement rights, while others provide only wage replacement benefits when an employee takes leave for a qualifying reason. For more information on state and municipal paid family leave laws, please see Paid Family Leave Requirements by State and Municipality.

Interestingly, numerous states have enacted so-called preemption laws that prohibit municipalities from adopting regulations that expand on state or federal leave requirements. However, existing municipal laws are often grandfathered in.

States that have no requirements regarding a specific leave type are marked N/A in the chart. In the absence of state requirements, federal rules may apply.

Further, note that employees may also be entitled to leave under temporary laws during the COVID-19 pandemic, such as those regarding paid sick leave, paid family leave and public health emergency leave. Information regarding these laws can be found in the following resources:


Jurisdiction Bereavement Leave Blood/Bone Marrow/Organ Donation Leave Court Attendance/
Witness Leave
Crime Victims' Leave Domestic/
Sexual Violence Victims' Leave
Election Officials' Leave Family and
Medical Leave
Family Military
Leave
Jury Duty Leave Legislative/
Political Leave
Military Service/
Veterans' Leave
Paid Family
Leave
Paid Sick
Leave
Pregnancy Disability Leave Public Health Emergency (Quarantine/
Isolation) Leave
School Activities/
Visitation Leave
Volunteer Emergency Responder Leave Voting Leave Additional Leave Protections
Federal N/A N/A N/A N/A N/A N/A Employers with 50 or more employees Employers with 50 or more employees All employers N/A All employers N/A N/A N/A N/A N/A N/A N/A N/A
Alabama N/A N/A N/A All employers N/A Employers with 26 or more employees N/A N/A All employers N/A All employers N/A N/A N/A N/A N/A All employers All employers N/A
Alaska N/A N/A N/A All employers N/A N/A N/A N/A All employers N/A All employers N/A N/A N/A N/A N/A N/A All employers N/A
Arizona N/A N/A N/A Employers with 50 or more employees All employers, under paid sick leave law N/A N/A N/A All employers N/A All employers N/A All employers N/A All employers, under paid sick leave law N/A N/A All employers N/A
Arkansas N/A All employers, for bone marrow and organ donation N/A All employers All employers N/A N/A N/A All employers N/A All employers N/A N/A N/A N/A N/A N/A All employers N/A
California N/A Employers with 15 or more employees, for bone marrow and organ donation All employers All employers Employers with 25 or more employees All employers N/A Employers that pay $1,000 or more in wages in a calendar quarter All employers Employers with five or more employees N/A All employers, for emergency responder duties; employers with 50 or more employees, for emergency responder training All employers
California (Berkeley) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A All employers N/A N/A N/A N/A N/A N/A
California (Emeryville) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A All employers with employees working within the City of Emeryville N/A N/A N/A N/A N/A N/A
California (Long Beach) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Hotel employers N/A N/A N/A N/A N/A N/A
California (Los Angeles) N/A N/A N/A N/A All employers, under paid sick leave law N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
California (Oakland) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A All employers with employees working in the City of Oakland N/A N/A N/A N/A N/A N/A
California (San Diego) N/A N/A N/A N/A All employers, under paid sick leave law N/A N/A N/A N/A N/A N/A N/A All employers with employees working in the City of San Diego N/A All employers, under paid sick leave law N/A N/A N/A N/A
California (San Francisco) N/A All employers, for bone marrow and organ donation, under paid sick leave law N/A N/A All employers, under paid sick leave law N/A N/A N/A N/A N/A N/A Employers with 20 or more employees, wage replacement benefits only All employers with employees working in the City or County of San Francisco N/A N/A N/A N/A N/A N/A
California (Santa Monica) N/A N/A N/A N/A All employers, under paid sick leave law N/A N/A N/A N/A N/A N/A N/A All employers N/A N/A N/A N/A N/A N/A
Colorado N/A N/A N/A All employers N/A Employers with 50 or more employees N/A All employers N/A Effective January 1, 2024, all employers that employ at least one person for each working day during 20 or more calendar weeks or paid wages of at least $1,500 during any calendar quarter in the preceding calendar year Employers with 16 or more employees (effective January 1, 2022, all employers) N/A All employers N/A All employers All employers N/A
Connecticut N/A Employers with 75 or more employees, for bone marrow and organ donation All employers, for witnesses in a criminal proceeding All employers N/A Employers with 75 or more employees Employers with 75 or more employees All employers All employers, beginning January 1, 2022 Employers with 50 or more employees, for service employees only Employers with three or more employees N/A N/A All employers N/A N/A
Delaware N/A N/A N/A All employers N/A Employers with 21 or more employees N/A N/A All employers N/A All employers N/A N/A N/A All employers N/A Employers with 10 or more employees N/A N/A
District of Columbia N/A N/A All employers N/A All employers, under paid sick leave law N/A Employers with 20 or more employees N/A All employers N/A N/A Employers that pay unemployment insurance on behalf of their employees All employers N/A N/A All employers N/A All employers
Florida N/A N/A All employers N/A Employers with 50 or more employees N/A N/A N/A All employers N/A N/A N/A N/A N/A N/A N/A N/A N/A
Florida (Broward County) N/A N/A N/A N/A N/A N/A N/A N/A All employers N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
Florida (Miami-Dade County) N/A N/A N/A N/A Employers with 50 or more employees N/A Employers with 50 or more employees N/A Employers with 10 or more employees who are regularly scheduled to work at least 35 hours per week N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
Georgia N/A N/A All employers N/A N/A N/A Employers with 25 or more employees, sick leave (if provided) may be used to care for an immediate family member N/A All employers N/A All employers N/A N/A N/A N/A N/A N/A All employers N/A
Hawaii N/A Employers with 50 or more employees, for organ, bone marrow and peripheral blood stem cell donation All employers N/A All employers N/A Employers with 100 or more employees N/A All employers N/A All employers N/A N/A All employers N/A N/A N/A N/A N/A
Idaho N/A N/A N/A N/A N/A N/A N/A N/A All employers N/A All employers N/A N/A N/A N/A N/A N/A N/A N/A
Illinois Employers with 50 or more employees, for a child Employers with 51 or more employees, for blood donation All employers, for witnesses in criminal proceedings N/A All employers Employers with 25 or more employees All employers, personal sick leave benefits (if provided) may be used for a family member's illness, injury or medical appointment Employers with 15 or more employees All employers N/A N/A N/A N/A N/A Employers with 50 or more employees All employers All employers N/A
Illinois (Chicago) N/A N/A N/A N/A All employers, under paid sick leave law N/A N/A N/A N/A N/A N/A N/A An employer that gainfully employs at least one employee N/A All employers, under paid sick leave law N/A N/A N/A N/A
Illinois (Cook County) N/A N/A N/A N/A All employers, under earned sick leave law N/A N/A N/A N/A N/A N/A N/A All employers with at least one covered employee and that maintain a business facility in Cook County N/A All employers, under earned sick leave law N/A N/A N/A N/A
Indiana N/A N/A All employers, for criminal proceedings N/A N/A N/A N/A Employers with 50 or more employees All employers N/A N/A N/A N/A N/A N/A All employers N/A Mobile support unit leave, all employers
Iowa N/A N/A All employers, for witnesses in criminal proceedings and for plaintiffs, defendants or witnesses in civil domestic abuse proceedings N/A All employers, for plaintiffs, defendants and witnesses in civil domestic abuse proceedings N/A N/A N/A All employers Employers with 20 or more employees N/A N/A Employers with four or more employees N/A N/A All employers All employers Leave for required drinking and driving classes, all employers
Kansas N/A N/A N/A N/A All employers N/A Employers with four or more employees, for childbearing N/A All employers N/A All employers N/A N/A N/A N/A N/A All employers All employers N/A
Kentucky N/A N/A All employers N/A N/A All employers All employers, for adoption N/A All employers N/A All employers N/A N/A N/A N/A N/A All employers All employers N/A
Louisiana N/A Employers with 20 or more employees, for bone marrow donation N/A N/A N/A N/A Employers with 26 or more employees, for pregnancy, childbirth and pregnancy-related disabilities N/A All employers N/A N/A N/A Employers with 26 or more employees N/A

 

All employers, includes day care activities (this is a permissive law, not required)

All employers, for first responders in the Governor's Office of Homeland Security and Emergency Preparedness N/A N/A
Maine N/A Employers with 15 or more employees at one location, for organ donation N/A N/A All employers N/A All employers Employers with six or more employees N/A N/A N/A All employers N/A N/A Earned paid leave, employers with 11 or more employees
Maryland N/A Employers with 15 or more employees in the state, for organ and bone marrow donation All employers All employers All employers, under paid sick and safe leave law N/A Employers with 50 or more employees All employers N/A N/A Employers with 15 or more employees (unpaid if fewer than 15) N/A N/A N/A All employers, for Governor-declared emergencies All employers N/A
Maryland (Montgomery County) N/A N/A N/A N/A All employers, under sick and safe leave law N/A N/A N/A N/A N/A N/A N/A All employers N/A All employers, under sick and safe leave law N/A N/A N/A N/A
Massachusetts N/A N/A All employers, for criminal proceedings All employers N/A N/A All employers N/A Employers subject to the unemployment insurance law Employers with 11 or more employees (unpaid if fewer than 11) N/A N/A Employers with 50 or more employees All employers Manufacturing, mechanical and mercantile establishments N/A
Michigan N/A N/A N/A All employers Employers with 50 or more employees, under paid sick leave law N/A N/A N/A All employers N/A N/A Employers with 50 or more employees N/A Employers with 50 or more employees, under paid sick leave law N/A N/A N/A N/A
Minnesota N/A Employers with 20 or more employees, for bone marrow donation All employers, for criminal proceedings All employers All employers All employers All employers N/A N/A Employers with 21 or more employees at one site, for incapacity due to pregnancy-related conditions All employers All employers, includes child care activities N/A All employers N/A
Minnesota (Duluth) N/A N/A N/A N/A Employers with five or more employees, under earned sick and safe time ordinance N/A N/A N/A N/A N/A N/A N/A Employers with five or more employees N/A N/A N/A N/A N/A N/A
Minnesota (Minneapolis) N/A N/A N/A N/A All employers, under sick and safe time ordinance N/A N/A N/A N/A N/A N/A N/A Employers with six or more employees (unpaid if fewer than six) N/A All employers, under sick and safe time ordinance N/A N/A N/A N/A
Minnesota (St. Paul) N/A N/A N/A N/A All employers, under earned sick and safe time ordinance N/A N/A N/A N/A N/A N/A N/A All employers N/A All employers, under earned sick and safe time ordinance N/A N/A N/A N/A
Mississippi N/A N/A N/A All employers N/A N/A N/A N/A All employers N/A All employers N/A N/A N/A N/A N/A N/A N/A N/A
Missouri N/A N/A All employers, for criminal proceedings All employers N/A N/A N/A N/A All employers N/A N/A N/A N/A N/A N/A All employers All employers N/A
Montana N/A N/A N/A All employers N/A N/A All employers, for maternity leave N/A N/A All employers All employers N/A N/A All employers N/A N/A N/A N/A N/A
Nebraska N/A All employers, encouraged to provide paid leave for bone marrow donation N/A N/A N/A All employers N/A Employers with 15 or more employees All employers N/A All employers N/A N/A N/A N/A N/A Employers with 10 or more employees All employers N/A
Nevada N/A N/A N/A All employers N/A N/A N/A All employers Employers with more than 50 employees All employers N/A N/A N/A N/A All employers Paid leave, employers with 50 or more employees in the state
New Hampshire N/A N/A N/A Employers with 25 or more employees N/A N/A N/A N/A All employers N/A N/A N/A Employers with six or more employees N/A N/A All employers, during a state of emergency N/A N/A
New Jersey N/A All employers under temporary disability benefits law N/A N/A N/A Employers with 30 or more employees N/A All employers N/A All employers Employers subject to the unemployment insurance law All employers N/A All employers, under paid sick leave law All employers, under paid sick leave law All employers N/A N/A
New Mexico N/A N/A N/A N/A All employers N/A All employers, personal sick leave benefits (if provided) may be used for a covered family member N/A All employers N/A N/A N/A N/A N/A N/A All employers All employers N/A
New Mexico (Bernalillo County) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Earned paid time off, employers with two or more employees within the unincorporated county limits
New York N/A Employers with 20 or more employees, for blood donation All employers, for criminal proceedings All employers N/A N/A Employers with 20 or more employees All employers N/A All employers All employers All employers (unpaid if fewer than five employees and net income less than $1 million) N/A N/A N/A All employers All employers N/A
New York (New York City) N/A N/A N/A N/A All employers, under paid sick leave law (unpaid if fewer than five employees and net income less than $1 million) N/A N/A N/A N/A N/A N/A N/A All employers (unpaid if fewer than five employees and net income less than $1 million) N/A All employers, under paid sick leave law (unpaid if fewer than five employees and net income less than $1 million) N/A N/A N/A N/A
New York (Westchester County) N/A N/A N/A N/A All employers N/A N/A N/A N/A N/A N/A N/A Preempted due to passage of state paid sick leave law N/A Preempted due to passage of state paid sick leave law N/A N/A N/A N/A
North Carolina N/A N/A N/A N/A All employers All employers N/A N/A All employers N/A All employers N/A N/A N/A N/A All employers, includes childcare facility activities All employers, during state of emergency N/A N/A
North Dakota N/A N/A All employers N/A N/A N/A N/A N/A All employers N/A N/A N/A N/A N/A N/A N/A All employers Employers are encouraged, but not required, to provide time off to vote N/A
Ohio N/A N/A All employers All employers N/A All employers N/A Employers with 50 or more employees All employers N/A All employers N/A N/A N/A N/A N/A All employers All employers N/A
Oklahoma N/A N/A N/A N/A N/A N/A N/A N/A All employers All railroad companies operating in the state All employers N/A N/A N/A N/A N/A N/A All employers N/A
Oregon All employers, for juvenile court proceedings Employers with six or more employees N/A Employers with 25 or more employees Employers with 25 or more employees All employers Employers with 10 or more employees Effective January 1, 2022, employers with 25 or more employees must make quarterly contributions Employers with 10 or more employees (unpaid if fewer than 10) and employers with six or more employees in Portland Employers with 25 or more employees All employers, under sick and safe time law Employers are encouraged, but not required, to provide time off for school activities N/A Olympic games leave, all employers
Pennsylvania N/A N/A All employers, for criminal proceedings All employers N/A N/A N/A N/A All employers, except in retail or service industry with fewer than 15 employees and manufacturing industry with fewer than 40 employees N/A All employers N/A N/A N/A N/A N/A All employers N/A N/A
Pennsylvania (Philadelphia) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Employers with 10 or more employees (unpaid if fewer than 10) and chain establishments N/A N/A N/A N/A N/A N/A
Pennsylvania (Pittsburgh) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A All employers (unpaid from March 15, 2020 to March 14, 2021, for employers with fewer than 15 employees) N/A All employers, under paid sick leave law (unpaid from March 15, 2020 to March 14, 2021, for employers with fewer than 15 employees) N/A N/A N/A N/A
Rhode Island N/A N/A All employers, for responding to a subpoena Employers with 50 or more employees Employers with 18 or more employees, under paid sick leave law (unpaid if fewer than 18 employees) N/A Employers with 15 or more employees All employers N/A All employers All employers Employers with 18 or more employees (unpaid if fewer than 18 employees) N/A Employers with 18 or more employees, under paid sick leave law (unpaid if fewer than 18 employees) Employers with 50 or more employees All employers N/A N/A
South Carolina N/A Employers with 20 or more employees, for bone marrow donation N/A All employers N/A N/A Employers with 15 or more employees, for pregnancy leave N/A All employers N/A All employers N/A N/A N/A All employers N/A All employers, during state of emergency N/A N/A
South Dakota N/A N/A N/A N/A N/A N/A N/A N/A All employers All employers All employers N/A N/A N/A N/A N/A N/A All employers N/A
Tennessee N/A N/A N/A N/A N/A N/A Employers with 100 or more full-time employees at one location, for pregnancy, childbirth, adoption and nursing N/A All employers N/A All employers N/A N/A N/A N/A Employers are encouraged, but not required, to provide time off for school activities All employers All employers N/A
Texas N/A N/A All employers N/A N/A N/A N/A N/A All employers All employers All employers N/A N/A N/A N/A N/A N/A All employers Emergency evacuation leave, all employers
Texas (Austin) N/A N/A N/A N/A All employers, under earned sick time law, effective October 1, 2018 (for employers with five or fewer employees, October 1, 2020) (temporarily blocked pending a legal challenge) N/A N/A N/A N/A N/A N/A N/A All employers, effective October 1, 2018 (for employers with five or fewer employees, October 1, 2020) (temporarily blocked pending a legal challenge) N/A N/A N/A N/A N/A N/A
Texas (Dallas) N/A N/A N/A N/A All employers, under earned paid sick time law, effective August 1, 2019 (for employers with five or fewer employees, August 1, 2021) (temporarily blocked pending a legal challenge) N/A N/A N/A N/A N/A N/A N/A All employers, effective August 1, 2019 (for employers with five or fewer employees, August 1, 2021)(temporarily blocked pending a legal challenge) N/A N/A N/A N/A N/A N/A
Texas (San Antonio) N/A N/A N/A N/A All employers, under paid sick and safe leave law, effective December 1, 2019 (temporarily blocked pending a legal challenge) N/A N/A N/A N/A N/A N/A N/A All employers, effective December 1, 2019 (temporarily blocked pending a legal challenge) N/A N/A N/A N/A N/A N/A
Utah N/A N/A N/A N/A N/A N/A N/A All employers N/A All employers N/A N/A N/A N/A

 

N/A

All employers All employers N/A
Vermont N/A N/A All employers All employers N/A N/A All employers Employers with six or more employees All employers N/A All employers N/A All employers, under earned sick time law Employers with 15 or more employees N/A All employers, leave to vote in town meetings N/A
Virginia N/A N/A All employers All employers All employers All employers N/A N/A All employers N/A N/A N/A N/A N/A N/A N/A N/A N/A
Washington N/A N/A N/A N/A N/A All employers All employers N/A All employers All employers Employers with eight or more employees All employers, under paid sick leave law N/A Employers with 20 or more full-time equivalent employees N/A N/A
Washington (SeaTac) N/A N/A N/A N/A Certain hospitality and transportation industry employers, under paid sick leave law N/A N/A N/A N/A N/A N/A N/A Certain hospitality and transportation industry employers N/A Certain hospitality and transportation industry employers, under paid sick leave law N/A N/A N/A N/A
Washington (Seattle) N/A N/A N/A N/A Employers with five or more employees, under paid sick and safe time law N/A N/A N/A N/A N/A N/A N/A Employers with five or more employees N/A Employers with five or more employees, under paid sick and safe time law N/A N/A N/A Hotel worker victim leave, hotel employers
Washington (Tacoma) All employers, under paid sick and safe leave law N/A N/A N/A All employers, under paid sick and safe leave law N/A N/A N/A N/A N/A N/A N/A All employers N/A All employers, under paid sick and safe leave law N/A N/A N/A N/A
West Virginia N/A N/A N/A N/A N/A N/A N/A N/A All employers Employers with six or more full-time employees N/A N/A N/A N/A N/A All employers All employers N/A
Wisconsin N/A Employers with 50 or more employees, for bone marrow and organ donation All employers N/A N/A All employers Employers with 50 or more employees

 

N/A

All employers N/A N/A N/A N/A N/A N/A All employers All employers N/A
Wyoming N/A N/A All employers, for criminal proceedings All employers N/A N/A N/A N/A All employers N/A All employers N/A N/A N/A N/A N/A N/A All employers N/A