State paid leaves through private insurance

A number of states have enacted paid leave programs to ensure employees can continue to receive income when missing work due to health or family needs. Because these programs are established through state labor laws or employment regulations, requirements vary widely from state to state. With mandates continuing to evolve, brokers, carriers, and employers have a lot to understand and monitor to ensure that they’re meeting regulatory requirements and providing employees with the appropriate coverage.

Note: This post will focus on states paid leave requirements that allow employers to provide coverage through private health plan, rather than only state-run plans.

Current requirements across states:

The definition of a covered leave differs from state to state. All state paid family and medical leave laws provide benefits to workers for:

Medical leave: addressing their own serious health condition.
Caregiving leave: caring for a family member with a serious health condition.
Parental leave: bonding with a new child for parents of any gender (including foster and adoptive parents).

Some states also include coverage for:

Military leave: addressing the impact of a family member’s military deployment.
Safe leaves: addressing needs when they or a family member is the victim of domestic violence, stalking, or sexual assault or abuse.

To help get you up to speed, we’ve put together this at-a-glance guide to the current state requirements:

State	Covered leaves	Employee benefit	Elimination period	Duration	Additional notes
California	Care of family members or service members Bonding Medical Qualifying exigency	60% of the average weekly wage (AWW) for those who earn equal to or greater than the State Average Weekly Wage (SAWW) 70% for those who earn less than 1/3 of SAWW Max: $1,620	7 days for accident and sickness on State Disability Insurance (SDI) 0 days for Paid Family Leave (PFL)	52 weeks for SDI 8 weeks for PFL	A private plan must be approved by a majority of employees and be more generous than the state plan in order to be offered.
Colorado	Care of family members or service members Bonding Medical Qualifying exigency Safe leave	90% of AWW, up to 50% of SAWW Earnings greater than 50% of SAWW wage is paid at 50% Max: $1,324.21 ($1,100 through 12/31/24)	0 days	A private plan must be approved by a majority of employees and be more generous than the state plan in order to be offered.	–
Connecticut	Care of family members or service members Bonding Medical Qualifying exigency Safe leave Bone marrow or organ donation	95% of AWW, up to 40 times the minimum wage 60% of earnings above 40 times the minimum wage Max: $941.40	0 days	Up to 12 weeks with an additional 2 weeks for pregnancy incapacity	–
Delaware	Care of family members Bonding Medical Qualifying exigency	80% of AWW Max: $900	0 days	Up to 12 weeks	Contributions start 01/01/2025 with benefits starting 01/01/2026.
Maine	Care of family members Service members Bonding Medical Qualifying exigency Safe leave	90% of AWW equal to or less than 50% of SAWW 66% of AWW more than 50% for SAWW Max: State to confirm prior to 5/1/2026	7 days (accrued paid leave may be used)	Up to 12 weeks	Contributions start 01/01/2025 with benefits starting 01/01/2026.
Maryland	Care of family members Service members Bonding Medical Qualifying exigency Safe leave Bone marrow or organ donation	90% of AWW up to 65% of SAWW 50% of AWW above 65% of the SAWW, up to max weekly benefit amount Max: $1,000	0 days	Up to 12 weeks Additional 12 weeks for serious health conditions or bonding with a new child	Contributions start 01/01/2025 with benefits starting 01/01/2026.
Massachusets	Care of family members or service members Bonding Medical Qualifying exigency	80% for AWW up to 50% of the SAWW All earnings above that will be replaced at 50% up to the maximum benefit Max: $1,149.90 (64% of SAWW)	7 days for each claim except for bonding when immediately following PML for childbirth	Up to 26 weeks	–
Minnesota	Care of family members or service members Bonding Medical Qualifying exigency Safe leave	Progressive wage replacement at 55-90% (average of 66%) of salary Max: $1,149.90 (64% of SAWW)	7 days 0 days for bonding leaves	Up to 12 weeks for a single qualifying event 20 weeks for more than one	Contributions start 01/01/2025 with benefits starting 01/01/2026.
Oregon	Care of family members or service members Bonding Medical Safe leave	100% for AWW less than 65% of SAWW, 50% for AWW equal to or exceeding 65% of SAWW Max: $1,568.60 (120% of SAWW)	0 days	Up to 12 weeks with an additional 2 weeks for pregnancy or childbirth complications	–
Washington	Care of family members or service members Bonding Medical Qualifying exigency Child bereavement	90% of AWW, up to 50% of the SAWW Any portion that exceeds 50% of SAWW is paid at 50% Max: $1,618	7 days per benefit year 0 days for childbirth, bonding, and exigency claims	Up to 18 weeks	–

→ Access a downloadable version here.

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The role of a broker

Brokers play a critical role in helping employers navigate statutory paid leaves. Below are some of the key responsibilities to keep in mind as you start going to market for what may be a new benefit for your clients.

Benefit package recommendations
- Identifying any gaps in coverage and providing recommendations to employer clients on how to integrate statutory paid leaves into their overall employee benefits packages.
- ThreeFlow customer tip: our platform supports paid leave coverages, enabling you to show your clients a full ancillary package to help streamline their benefits.
Education and guidance
- Educating clients about the statutory paid leave regulations applicable to their location, including federal and state laws.
- Helping clients communicate policies clearly to their employees, ensuring that the workforce is aware of their rights and entitlements.
Policy implementation
- Assisting clients to develop and implement customized leave policies that comply with both federal and state regulations.
- Guiding clients to maintain proper documentation for statutory paid leave requests and approvals.
- ThreeFlow customer tip: using our platform to go to market for this new benefit will ensure future renewal or new quotes aren’t missed.

Brokers play a critical role in helping businesses navigate the complex landscape of statutory paid leaves, ensuring compliance, and promoting a positive and supportive work environment. With paid leave now supported on ThreeFlow, we’re here to help.