Employees have families and a life outside of work, and at some point in their working life, they or a loved one may face family or medical issues that require time off of work. Surveys from the Kaiser Family Foundation and Pew Research indicate that many workers experience short-term or long-term illness at some point in their careers. In addition, caring for family members is a reality for many: about one in four U.S. workers (23%) have already taken leave to care for a seriously ill family member, and many others expect they will need to in the future.
What is FMLA and What Type of Employers are Covered?
The Family and Medical Leave Act (FMLA) provides eligible employees with job-protected unpaid leave for specified family and medical reasons for up to 12 weeks. Its primary function is to protect employees from losing their jobs and health insurance while they take time away from work. Employees must be restored to the same or an equivalent position upon return.
FMLA applies to private-sector employers with 50 or more employees working within a 75-mile radius for at least 20 workweeks in the current or preceding calendar year. It also applies to all public agencies (local, state, federal) and all public/private elementary and secondary schools, regardless of employee count.
About 56% of U.S. employees are eligible for FMLA and roughly 15% of U.S. employees report taking leave for a FMLA qualifying reason in the past 12 months. Among those who took leave, about half did so for their own serious health condition.
How to Handle Leave Requests When Your Company Doesn’t Fall Under FMLA
If your business does not meet the qualifications for FMLA, you are not required to offer job-protected leave under federal law, but that doesn’t mean you should ignore employee leave requests altogether. Handling leave requests thoughtfully is still essential, both to protect your business and support your employees.
Start by creating a clear, consistently applied leave policy that outlines eligibility and the benefits available to employees that reflects your company values and follows any applicable state or local requirements that apply. Treat each request with fairness and empathy, with a focus on balancing operational needs with reasonable flexibility whenever possible. Document decisions to reduce legal risk through a paper trail that proves consistent treatment of employees.
By approaching leave with both structure and compassion, employers can minimize exposure to disputes while building trust and fostering long-term employee loyalty.
State Family Medical Leave Laws
Even if your business isn’t covered by FMLA, you may still be required to provide various types of leave under state or local laws. Many states mandate employer participation, even if employees fund the program. Business owners should keep in mind that being exempt from FMLA likely doesn’t mean exemption from their state’s family medical leave requirements.
Paid Family & Medical Leave (PFML) / Paid Leave Programs (as of March 2026):
- California: Paid Family Leave (for all employers) + CFRA job-protected leave (for employers with 5+ employees).
Employer requirements: Employers must withhold and remit State Disability Insurance (SDI) contributions from employee wages. - New York: Paid Family Leave (Applies to most private employers).
Employer requirements: employers are responsible for withholding from employee wages and remitting to the insurance provider that provides the PFL coverage. - Washington: Paid Family & Medical Leave (Applies to all employers)
Employer requirements: Employers with <50 employees don’t pay the employer premium share but must still collect and remit the employee share. Employers with >50 employees must pay the employer share and collect and remit the employee share. - Massachusetts: Paid Family & Medical Leave with job protection (Applies to most private employers).
Employer requirements: Employers with <25 employees don’t pay the employer premium share but must still collect and remit the employee share. Employers with >25 employees must pay the employer share and collect and remit the employee share. - New Jersey: Family Leave Insurance (FLI) + Temporary Disability Insurance (TDI) (virtually all private-sector employers).
Employer requirements: Employers must withhold and remit employee contributions for FLI and report wages. For TDI, employers are required to contribute the employer share as well as withhold and remit the employee share. - Connecticut: Paid Family & Medical Leave (PFML) (Virtually all private-sector employers).
Employer requirements: Employers are required to withhold and remit employee contributions to the CT Paid Leave Authority. - Oregon: Paid Leave Oregon (Virtually all private-sector employers)
Employer requirements: Employers with <25 employees don’t pay the employer premium share but must still collect and remit the employee share. Employers with >25 employees must pay the employer share and collect and remit the employee share. - Colorado: Paid family & medical leave Insurance (FAMLI) (Most private-sector employers)
Employer requirements: Employers with <10 employees don’t pay the employer premium share but must still collect and remit the employee share. Employers with >10 employees must pay the employer share and collect and remit the employee share. - Rhode Island: Temporary Caregiver/Disability Insurance (TCI) (Most private-sector employers) Employer requirements: Employers must collect and remit employee contributions from wages.
- District of Columbia Paid Family Leave (Most private-sector employers)
Employer requirements: Funded through an employer-paid payroll tax. - Maryland: Paid Family & Medical Leave (FAMLI) – Coming in January, 2028. (Most private-sector employers)
Employer requirements: Employers with <15 employees won’t pay the employer premium share but will still collect and remit the employee share. Employers with >15 employees will be required to pay the employer share and collect and remit the employee share. - Delaware: Paid Family & Medical Leave (Most private businesses with 10+ employees for parental leave and 25+ employees for family and medical leave)
Employer requirements: Employers must submit the employer portion and collect and remit employee contributions from wages. - Minnesota: Paid Family & Medical Leave (Applies to most employers)
Employer requirements: Employers must submit the employer portion and collect and remit employee contributions from wages.
Job-Protected Leave Only (Unpaid, FMLA-like or Expanded Laws)
In many cases, state and federal leave run concurrently, meaning employees do not receive additional time off but may receive partial wage replacement through state programs. In some states, such as California, different types of leave can be used in combination with federal leave, which may allow employees to receive more than 12 weeks off. (As of March 2026)
- Hawaii: Family leave (generally up to 4 weeks, unpaid)
Employer requirements: Applies to employers with 100+ employees. - Maine: Family medical leave (unpaid, job-protected)
Employer requirements: Applies to employers with 15+ employees. - Vermont: Family and medical leave (unpaid, includes short-term leave options)
Employer requirements: Applies to employers with 10+ employees (family) and 15+ (medical). - New Hampshire: Voluntary Paid Family & Medical Leave plan (Granite State Paid Leave)
Employer requirements: Mandatory only for state employers; private employers may opt in.
Protect Your Business with Expert Guidance on Employment Laws
Seay HR provides a broad range of HR services designed to support your business’s growth and ensure compliance with all state and federal employer regulations. Our primary goal is to make sure that your business is compliant with all employment regulations to eliminate any financial exposure in these areas.
We help employers create clear leave policies that follow all federal, state, and local employer laws while outlining eligibility and available benefits in straightforward, easy-to-understand language.
We are ready to help! Contact us today to learn more about how we can support your business.
Please note: This article is for informational purposes only and does not constitute legal or professional advice. Seay HR makes no representations or warranties, express or implied, regarding the accuracy, completeness, or applicability of the information contained herein.
Seay HR disclaims all liability for any actions taken or not taken based on the information in this article. Readers are solely responsible for their own interpretation and use of this information.
