Since the start of the year, employee leave laws across the country have continued to expand and change at the rapid pace employers and advisors have come to expect in this area. Staying on top of these developments is a compliance challenge but essential for avoiding costly penalties and lawsuits.
This post provides an update on key employee leave law requirements that have already taken effect in 2026 or will take effect soon.
New PFML Benefits Launched Jan. 1 and May 1
January 1 saw the start of benefits under new paid family and medical leave (PFML) programs in Delaware and Minnesota, and PFML benefits began in Maine on May 1.
Highlights of the Delaware program include:
- Employers with 10 or more employees working in Delaware are covered, but only parental leave applies to employers with 10-24 employees;
- Employees are eligible if they have worked for their employer for 12 months and 1,250 hours, and they work primarily in Delaware;
- The program provides 12 weeks of parental leave every 12 months;
- It also provides six weeks of medical and military exigency leave every 24 months;
- Total combined leave per year is capped at 12 weeks; and
Leave is job-protected.
Employers approve or deny applications under the Delaware program.
Meanwhile, Minnesota PFML covers:
- All employers except the federal government; and
- Employees who meet earnings requirements and work in Minnesota at least 50% of the year.
Small employers may be eligible for a discounted premium and grant assistance.
Minnesota PFML provides:
- 12 weeks of medical leave per year;
- 12 weeks of family leave per year;
- 20 weeks total per year; and
- Job protection for employees who have worked for their employer for 90 days.
Benefits under Maine PFML began May 1. The Maine program covers all employers, although employers with fewer than 15 employees are not required to contribute to funding. Employees are eligible for leave if they have earned six times the state average weekly wage during a base period. The Maine program provides:
- 12 weeks of combined family and medical leave per year; and
- Job protection for employees who have worked for at least 120 days.
Washington PFML Amendments (Took Effect Jan. 1)
Other important leave law changes this year included Washington state PFML amendments, effective Jan. 1, that lowered employee eligibility requirements for job protection and require smaller employers to provide job restoration.
An employer-friendly change to Washington PFML now allows employers to count FMLA leave against the job-protected period of an employee’s PFML, if the employee does not take PFML at the same time as FMLA leave.
New notice requirements for employers also took effect Jan. 1.
New York City Earned Safe and Sick Time Act Amendments (Took Effect Feb. 22)
In New York City, changes to the Earned Safe and Sick Time Act, now called the Protected Time Off Law, took effect February 22. The amendments added a new bank of 32 hours of unpaid leave that must be made available to employees at the start of employment and at the beginning of subsequent calendar years. In addition, leave under the law may be taken for the following new reasons:
- Caring for a minor child or care recipient;
- Preparing for or attending a legal proceeding for benefits or housing;
- Closure of the employee’s place of business due to a declared public disaster;
- Closure of the employee’s child’s school or childcare provider due to a declared public disaster;
- Direction by a public official to remain indoors or avoid travel during a public disaster; and
- Obtaining services needed as a result of workplace violence.
Mayor Mamdani also announced an “enforcement blitz” for the law.
New Leave Laws Passed in Virginia
Virginia passed a PFML program on April 22 for which contributions begin April 1, 2028, and benefits start the following December.
Just weeks later, the state enacted a paid sick leave law that will apply to Virginia employers with at least 50 employees on July 1, 2027, and cover all employers by Jan. 1, 2029.
Upcoming Leave Law Changes to Prepare for Now
Major changes to New Jersey’s leave laws take effect on July 17, including an expansion of the New Jersey Family Leave Act to cover employers with at least 15 employees (down from 30) and employees who have worked for three months (down from 12), and for just 250 hours (down from 1,000) during the 12 months before leave.
An even more significant expansion of New Jersey employee leave rights also happens July 17 to the state’s temporary disability and family leave insurance (TDI/FLI) programs. There is some ambiguity in the language of amendments that appear to require job restoration for employees who receive TDI or FLI benefits. This would be a major new leave entitlement, as TDI benefits can run for 26 weeks per year, while FLI benefits can last up to 12 weeks annually.
Next Steps for Employers
Employers are encouraged to review their policies for compliance with changes that have already taken effect this year, especially employers in Delaware, Minnesota, Maine, Washington and New York City. New Jersey employers should prepare for expanded leave entitlements this summer and watch for any official guidance from the state clarifying the TDI/FLI amendments.
Want more guidance on employee laws and updates to watch for? Check out Zywave’s latest webinar, available on-demand here.
