FMLA in one paragraph
The federal Family and Medical Leave Act gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period — for a birth or adoption, your own serious health condition, a family member’s serious health condition, or certain military family needs — and up to 26 workweeks to care for a seriously injured or ill servicemember. During it your employer must keep your group health insurance on the same terms, and afterwards restore you to the same or an equivalent job.
It only applies if your employer is covered (private employers with 50 or more employees in 20 or more workweeks this year or last, plus public agencies and schools) and you are eligible: at least 12 months with the employer, at least 1,250 hours in the past 12 months, and at a location with at least 50 employees within 75 miles.
Source: U.S. Department of Labor, Fact Sheet #28: The Family and Medical Leave Act, checked October 5, 2026.
How state paid leave differs
| Federal FMLA | State paid leave programs | |
|---|---|---|
| Pays you? | No | Yes — a weekly benefit, typically 60–90% of pay up to a cap |
| Protects your job? | Yes, if eligible | Varies by state and by program; some disability programs only replace wages |
| Employer size | 50+ employees | Usually any size; Delaware covers employers with 10 or more |
| Work history | 12 months and 1,250 hours with this employer | Usually an earnings or hours test across all employers (Delaware also uses 12 months and 1,250 hours) |
| Length | 12 workweeks (26 for servicemember care) | 6 to 12 weeks of family leave; disability up to 26, 30 or 52 weeks |
| Who decides | Your employer, under federal rules | A state agency, or a state-regulated insurer or employer plan |
When they run together
If you qualify for both, they normally overlap rather than add up: a 12-week bonding leave can be FMLA-protected and state-paid at the same time. Your employer may also require you to use accrued vacation or sick time during FMLA leave; state programs have their own rules on whether employer pay reduces or replaces the state benefit, which is one reason the calculator’s result can differ from your final payments.
If you work in one of the 34 states without a program, FMLA (where it applies) is the main protection and there is no state benefit — see states without a program. Wisconsin adds its own unpaid family and medical leave law; Arizona, Michigan and Nevada require some paid sick time or paid leave.
A quick decision list
- Find your state on the states page and run the calculator for each part of your leave.
- Check whether you meet the FMLA tests above — and whether your state adds job protection of its own.
- Ask HR how employer pay, vacation and sick time interact with the state benefit.
- File the state claim on time; most programs require notice to your employer and a claim within weeks of the leave starting.