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Live in these 3 states? You can now get paid time off while caring for a sick loved one

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FMLA sick leave and time absence policy

New paid leave programs launch in 2026

Three states started offering paid family and medical leave this year.

Delaware and Minnesota began accepting claims on Jan. 1, and Maine will start paying benefits on May 1.

All three programs give eligible workers partial wage replacement when they need time off for major life events like having a baby, recovering from surgery, or caring for a sick family member.

These go well beyond the federal Family and Medical Leave Act (FMLA), which has guaranteed only unpaid leave since 1993 and only covers companies with 50 or more workers.

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Several life events qualify for leave

All three states cover the same core situations. Workers can take paid time off to bond with a new child after birth, adoption, or foster placement.

They can also use it to recover from a serious health condition or to care for a family member who is seriously ill. Military families get coverage too.

Minnesota and Maine go a step further by also covering leave for personal safety situations, like domestic violence or stalking. The details vary by state, but the basics line up.

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Delaware caps pay at $900 a week

Delaware built its program under the Healthy Delaware Families Act, which the governor signed in May 2022. Eligible workers can get up to 80% of their wages, with a cap of $900 per week.

Workers get up to 12 weeks of parental leave per year and up to six weeks every 24 months for medical, caregiving, or military leave. The total can’t exceed 12 weeks in any 12-month stretch.

To qualify, workers need at least 12 months on the job and 1,250 hours with one employer.

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Delaware requires most mid-size employers to join

Most businesses with 10 or more employees in Delaware must participate. But there’s a catch: employers with 10 to 24 workers only have to offer parental leave.

Companies with 25 or more must provide the full range of benefits, including medical, caregiving, and military leave. Businesses with fewer than 10 employees can opt in if they want.

Delaware’s setup is also unusual because employers handle claims themselves, and the state reimburses them afterward.

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Delaware reports a strong first month

The Delaware Department of Labor said the program’s January launch went smoothly, with first payments going out in early February.

So far, about 45% of approved claims covered medical leave, and about 42% went to parental leave. The rest fell under family caregiving and military-related situations.

Officials expect the program to reach more than 400,000 workers at over 6,000 businesses across the state. Early numbers suggest workers are finding and using the program.

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Minnesota offers up to 20 weeks combined

Minnesota’s program, signed into law in 2023, covers nearly all employers in the state regardless of size.

Workers can take up to 12 weeks of medical leave and 12 weeks of family leave, but the combined total caps at 20 weeks per benefit year.

Pay replacement runs between 55% and 90% of regular wages depending on income, up to about $1,423 per week. Lower-wage workers get a bigger share of their pay replaced.

To qualify, workers need about $3,900 in earnings over the past year.

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Nearly 12,000 Minnesotans applied right away

Demand hit fast. Minnesota received close to 12,000 applications in the program’s first days.

The state had opened early applications in December 2025 for parents who had a child that year, letting them apply for bonding leave before the official start.

Officials project roughly 130,000 approved claims in the first year.

To make sure money was ready from day one, lawmakers funded the launch with about $800 million from the state’s 2023 budget surplus.

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Maine starts paying benefits in May

Maine’s governor signed the program into law in 2023 as part of a budget deal. Workers can take up to 12 weeks of paid leave per benefit year.

The state uses a two-tier formula for pay: 90% of wages up to half the state average weekly wage, plus 66% of wages above that line. The maximum benefit comes out to about $1,199 per week in 2026.

One difference from the other states: medical leave claims have a seven-day waiting period before payments begin, but family leave claims do not.

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Maine splits costs based on employer size

Maine funds its program with a 1% payroll premium on wages. For employers with 15 or more workers, the cost splits evenly between employer and employee.

Smaller employers with fewer than 15 workers don’t pay the employer share, though their employees still contribute and still qualify for benefits.

To be eligible, workers must have earned at least six times the state average weekly wage over the prior four quarters. Job protection kicks in after 120 days with an employer.

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Payroll premiums fund all three programs

All three states pay for their programs through payroll premiums shared by employers and workers. Delaware’s premium runs about 0.8% of wages.

Minnesota charges 0.88%, with employers covering at least half. Maine’s premium is 1%, with the split depending on employer size.

In every case, premiums only apply up to the Social Security taxable wage limit, which sits at $184,500 in 2026. That means earnings above that threshold don’t get hit with additional charges.

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Thirteen states now offer paid leave

As of January 2026, 13 states plus Washington, D.C., have paid family and medical leave programs on the books.

The others with active programs include California, Colorado, Connecticut, Massachusetts, New Jersey, New York, Oregon, Rhode Island, and Washington.

Maryland has passed a law but won’t start paying benefits until 2028. There’s still no federal paid leave law.

The U.S. House passed one in 2021 as part of the Build Back Better Act, but the Senate never voted on it.

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Workers can apply now in two states

Workers in Delaware and Minnesota can file claims now through their state’s online portal. Maine workers can start applying in April 2026, with benefits covering leave taken on or after May 1.

One important detail: in all three states, paid leave runs at the same time as federal FMLA leave when both apply. They don’t stack.

Employers can’t fire or punish workers for taking leave, and workers have the right to return to the same or a similar job when they come back.

This article was created with AI assistance and human editing.

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Currently residing in the "Sunset State" with his wife and 8 pound Pomeranian. Leo is a lover of all things travel related outside and inside the United States. Leo has been to every continent and continues to push to reach his goals of visiting every country someday. Learn more about Leo on Muck Rack.

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