Federal law does not require private-sector employers to provide paid leave
Federal law provides eligible workers unpaid leave. Paid time away may come through an employer, leave insurance, or a state program for eligible workers.
Paid family and medical leave provides partially or fully compensated time away from work for significant family caregiving needs, including a new child or the serious illness of a close family member, as well as a worker’s own serious medical needs. The Family and Medical Leave Act provides eligible workers a federal entitlement to unpaid leave for a limited set of family caregiving and medical needs, and federal law does not require private-sector employers to provide paid leave. Employees may access paid family or medical leave if it is offered by an employer, or may use leave insurance benefits to finance unpaid medical or family caregiving leave. Workers in certain states may be eligible for state family and medical leave insurance benefits that can provide some income support during leave.
As of September 2026, 13 states (including DC) operate mandatory family and medical leave insurance programs that offer 12 to 52 weeks of total benefits to eligible workers in a benefit year. Two additional states had enacted programs without yet paying benefits.
Evidence
Each line below is a claim this source supports, checked against its text.
- Federal law does not require private-sector employers to provide paid leave
- Federal law provides eligible workers unpaid leave. Paid time away may come through an employer, leave insurance, or a state program for eligible workers.
- Paid family and medical leave provides partially or fully compensated time away from work for significant family caregiving needs, including a new child or the serious illness of a close family member, as well as a worker’s own serious medical needs.
- The Family and Medical Leave Act provides eligible workers a federal entitlement to unpaid leave for a limited set of family caregiving and medical needs, and federal law does not require private-sector employers to provide paid leave.
- Employees may access paid family or medical leave if it is offered by an employer, or may use leave insurance benefits to finance unpaid medical or family caregiving leave. Workers in certain states may be eligible for state family and medical leave insurance benefits that can provide some income support during leave.
- As of September 2026, 13 states (including DC) operate mandatory family and medical leave insurance programs that offer 12 to 52 weeks of total benefits to eligible workers in a benefit year.
- Two additional states had enacted programs without yet paying benefits.
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