Statues similar to the FMLA exist in 20 states including California, Connecticut, Hawaii, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, besides Washington DC. The length of maternity leave offered by such state laws varies from 4 to 18 weeks, with varying coverage.
California, New Jersey, and Washington are three states that allow employees paid maternity leave.
California's Paid Family Leave (PFL) program of 2002 allows employees to take up to six weeks maternity leave at 55 percent salary, subject to a maximum of $728 per week, to care for a newborn, newly adopted child, or sick family member. Unlike the FMLA, this act covers the entire workforce, and not just companies with 50 employees or more.
The New Jersey Family Leave Act allows employees to receive up to two-thirds of their salary for six weeks for the care of new born or adopted children, and parents, but have a coverage policy similar to that of the FMLA, with minor changes.
Washington State’s 2007 Family Leave Insurance Law allows residents up to $250 per week in disability payments for five weeks for conditions including maternity.
Such state initiatives do not place the burden of funding the employees leave on companies, and rather expand the Unemployment Insurance (UI) system or the state Temporary Disability Insurance (TDI) funds. California, Hawaii, New Jersey, New York and Rhode Island and Puerto Rico have mandatory TDI funds with both the employer and employee contributing, while other states make such contributions optional. TDI provides for paid leave for pregnancy, but provides no guaranteed right to return to work.
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