Leave Laws by State and Municipality

Author: Melissa Burdorf, XpertHR Legal Editor

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 in the private sector.

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 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.

Interestingly, also trending are so-called preemption laws. More than a dozen states have enacted 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.

Due to its large size, this chart is presented in a pop-up overlay. To view the chart in full size, simply click anywhere on the thumbnail image below. Then navigate the chart by clicking and dragging. To close the chart, click on the "X" in the upper-right hand corner.


State Key Municipalities 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 Sick
Leave		 Pregnancy Disability Leave Public Health Emergency (Quarantine/
Isolation) Leave		 School Activities/
Visitation Leave		 Volunteer Emergency Responder Leave Voting
Leave		 Miscellaneous Leave Laws
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
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 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 All employers N/A
Arizona N/A N/A N/A Employers with 50 or more employees Employers with 50 or more employees, under crime victims' leave law N/A N/A N/A All employers N/A All employers All employers N/A All employers, under paid sick leave law N/A N/A All employers N/A
All employers, under paid sick leave law
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 All employers N/A
California N/A Employers with 15 or more employees, for bone marrow and organ donation All employers All employers All employers, under domestic or sexual violence leave law All employers Employers with 50 or more employees, for bonding with a new child or for a serious health condition Employers with 25 or more employees All employers N/A All employers, for military service All employers Employers with five or more employees N/A All employers, if school requires parent/guardian attendance for discipline-related reasons All employers, for emergency responder duties; employers with 50 or more employees, for emergency responder training All employers Drug/alcohol rehabilitation leave, employers with 25 or more employees
All employers, under paid sick and safe time law Employers with 20 or more employees, for bonding with a new child Employers with 15 or more employees, for Civil Air Patrol service Employers with 25 or more employees at the same location, for school and day care facility activities Literacy leave, employers with 25 or more employees
All employers must allow employees to use paid sick leave to care for a sick family member
Emeryville 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
Long Beach 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
Los Angeles N/A N/A N/A N/A All employers, under citywide paid sick leave law 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
All employers with employees working in the City of Los Angeles
Oakland 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
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 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
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 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
Colorado N/A N/A N/A All employers Employers with 50 or more employees N/A Employers with 50 or more employees N/A All employers N/A All employers, for military service N/A N/A N/A N/A All employers All employers N/A
All employers, for Civil Air Patrol service
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 Employers with three or more employees, under family violence leave law N/A Employers with 75 or more employees Employers with 75 or more employees All employers Employers with 25 or more employees, for legislative leave All employers 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
Employers with 50 or more employees, for service employees only, under paid sick leave law Employers with more than 25 employees, for municipal/state office leave
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 All employers N/A Employers with 10 or more employees N/A N/A
District of Columbia N/A N/A N/A N/A All employers N/A Employers with 20 or more employees N/A All employers N/A N/A All employers N/A N/A All employers N/A N/A Student leave, all employers
Emancipation Day leave, 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 All employers, for military service N/A N/A N/A N/A N/A N/A N/A
Employers with 15 or more employees, for Civil Air Patrol service
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
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
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 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 All employers N/A N/A N/A All employers 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
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 All employers, for military service N/A N/A N/A Employers with 50 or more employees All employers All employers N/A
Employers with 15 or more employees, for Civil Air Patrol service
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 All employers with at least one employee working within the City of Chicago, and that are located in Chicago or subject to city licensing requirements N/A All employers, under paid sick leave law N/A N/A N/A N/A
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 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 All employers, for military service N/A N/A N/A N/A All employers N/A Mobile support unit leave, all employers
All employers, for Civil Air Patrol service
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 All employers, for military service 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
All employers, Veterans Day off for veterans
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 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 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 All employers, for military service 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
Employers with 20 or more employees, for veterans' medical appointments
Maine N/A Employers with 15 or more employees at one location, for organ donation N/A N/A All employers N/A Employers with 15 or more employees at one location, for birth, adoption, serious health condition, organ donation, death/serious health condition related to active military duty Employers with 15 or more employees, for military deployment All employers Employers with six or more employees All employers N/A N/A All employers N/A All employers N/A N/A
Employers with 25 or more employees must allow paid leave to be used to care for sick family member Employers with 15 or more employees, for death/serious health condition related to active military duty
Maryland N/A N/A All employers All employers All employers, under paid sick and safe leave law N/A Employers with 15 or more employees must allow paid leave to be used to care for sick family member Employers with 50 or more employees All employers N/A All employers, for military service (must follow federal requirements) 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
Employers with 15-49 employees in the state, for birth, adoption or foster care Employers with 15 or more employees, for Civil Air Patrol service
All employers, maternity/paternity leave under paid sick and safe leave law
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 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 Employers with 50 or more employees, under abusive behavior leave law N/A Employers with six or more employees, for parental leave N/A All employers N/A All employers, for military service (must follow federal requirements) 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
All employers, under sick leave law Employers with 50 or more employees, for child's or elderly relative's routine medical/dental appointments All employers, for veterans to observe Veterans Day and participate in Memorial Day activities
Michigan N/A N/A N/A All employers All employers, under earned sick time law, expected to take effect in March 2019 N/A N/A N/A All employers N/A All employers, for military service All employers, expected to take effect in March 2019 N/A All employers, under earned sick time law, expected to take effect in March 2019 All employers, under earned sick time law, expected to take effect in March 2019 N/A N/A N/A
All employers, for Civil Air Patrol service
Minnesota N/A Employers with 20 or more employees, for bone marrow donation All employers, for criminal proceedings All employers All employers, under domestic abuse law All employers Employers with 21 or more employees at one site, for birth, adoption, prenatal care, incapacity due to pregnancy-related conditions All employers, for military ceremonies and events All employers All employers All employers, for military service 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
Employers with 21 or more employees, personal sick leave benefits may be used for safety leave Employers with 21 or more employees, personal sick leave benefits may be used to care for an ill or injured family member All employers, if military servicemember injured or killed in active duty Employers with 20 or more employees at one site, for Civil Air Patrol service
Duluth N/A N/A N/A N/A Employers with five or more employees, under earned sick and safe time ordinance, effective January 1, 2020 N/A N/A N/A N/A N/A N/A Employers with five or more employees, effective January 1, 2020 N/A N/A N/A N/A N/A N/A
Minneapolis N/A N/A N/A N/A All employers, under sick and safe time law 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 law N/A N/A N/A N/A
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 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
Missouri 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, for military service N/A N/A N/A N/A All employers All employers N/A
Employers with 50 or more employees, for Civil Air Patrol service
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 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 Employers with 10 or more employees All employers N/A
Nevada N/A N/A All employers, for witness appearances N/A All employers N/A N/A N/A All employers Employers with 50 or more employees All employers N/A N/A N/A Employers with 50 or more employees, for school-related activities All employers, for volunteer search and rescue and reserve units of sheriff's department or Civil Air Patrol unit All employers N/A
All employers, for juvenile proceedings All employers, for school conferences requested by an administrator or for an emergency involving the employee's child All employers, for volunteer firefighters and ambulance drivers or attendants
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 All employers, for military service N/A Employers with six or more employees N/A N/A All employers, during a state of emergency N/A N/A
All employers, for honorably discharged veterans on Veterans Day
New Jersey N/A N/A N/A N/A Employers with 25 or more employees N/A Employers with 50 or more employees N/A All employers N/A All employers All employers1 N/A All employers, under paid sick leave law All employers, under paid sick leave law All employers N/A N/A
All employers, under paid sick leave law
New Mexico N/A N/A N/A N/A All employers N/A N/A N/A All employers N/A All employers, for military service N/A N/A N/A N/A All employers All employers N/A
All employers, for Civil Air Patrol service
New York N/A Employers with 20 or more employees, for blood donation All employers, for criminal proceedings All employers N/A N/A N/A Employers with 20 or more employees All employers N/A All employers N/A N/A N/A N/A All employers All employers N/A
Employers with 20 or more employees, for bone marrow donation
New York City N/A N/A N/A Employers with five or more employees or one or more domestic workers, under paid sick and safe time law (unpaid if fewer than five employees) N/A N/A N/A N/A N/A N/A Employers with five or more employees (unpaid if fewer than five) or one or more domestic workers N/A Employers with five or more employees or one or more domestic workers, under paid safe and sick time law (unpaid if fewer than five employees) 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 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 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 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 All employers N/A
Oregon Employers with 25 or more employees, under Oregon Family Leave Act All employers, for bone marrow donation All employers, for juvenile court proceedings Employers with six or more employees Employers with six or more employees, under domestic or sexual violence leave Law N/A Employers with 25 or more employees Employers with 25 or more employees All employers Employers with 10 or more employees All employers, for military service 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 All employers, for firefighters N/A Olympic games leave, all employers
All employers, under sick and safe time law All employers, under sick and safe time law All employers, for veterans on Veterans Day All employers, for search and rescue volunteers
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 All employers N/A N/A
Philadelphia N/A N/A N/A N/A All employers, under domestic or sexual violence leave law 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
All employers, under sick leave law
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 N/A Employers with 50 or more employees, for parental and family medical leave Employers with 15 or more employees All employers N/A All employers Employers with 18 or more employees N/A Employers with 18 or more employees, under paid sick leave law Employers with 50 or more employees All employers N/A N/A
All employers, for temporary caregiver leave
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 maternity leave N/A All employers N/A All employers 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 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 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 All employers Emergency evacuation leave, all employers
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 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
San Antonio 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) 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) N/A N/A N/A N/A N/A N/A
Utah N/A N/A All employers, for responding to a subpoena 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 N/A
All employers, for minor child or ward's court appearance
Vermont N/A N/A All employers All employers All employers, under earned sick time law N/A Employers with 10 or more employees, for parental leave N/A All employers Employers with six or more employees All employers 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
Employers with 15 or more employees, for long-term family leave
All employers, under crime victim leave law Employers with 15 or more employees, for short-term family leave
Virginia N/A N/A All employers All employers All employers All employers N/A N/A All employers N/A All employers, for military service N/A N/A N/A N/A N/A N/A N/A
All employers, for Civil Air Patrol service
Washington N/A N/A N/A N/A All employers, under domestic violence leave law N/A Employers with 50 or more employees, under family leave law All employers All employers N/A All employers, for military service 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
All employers, under paid sick leave law All employers, under family care act, sick or other paid leave benefits (if provided) may be used for a child's medical condition or other family member's serious health condition Employers with 20 or more full-time employees, for Civil Air Patrol service
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 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
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 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 N/A
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 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 All employers, for military service N/A N/A N/A N/A All employers All employers N/A
Employers with more than 15 employees, for Civil Air Patrol service
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 All employers, for military service N/A N/A N/A N/A All employers All employers N/A
Employers with 11 or more employees, for Civil Air Patrol service
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 All employers N/A
1New Jersey's law preempts sick leave laws already adopted by a county or municipality, including those in Bloomfield, East Orange, Elizabeth, Irvington, Jersey City, Montclair, Morristown, New Brunswick, Newark, Passaic, Paterson, Plainfield and Trenton.