Supporting Workers, Strengthening Families:

The Value of State Family and Medical Leave Laws

Fact Sheet Overview

State family and medical leave laws give workers the time they need to care for their health and their families.¹ While these laws vary in terms of pay, protections, and eligibility, they strengthen families, support businesses, and boost the economy by allowing workers to manage caregiving responsibilities without financial hardship.

What is FMLA

The Family and Medical Leave Act (FMLA) is a federal law that provides up to 12 weeks of unpaid, job-protected leave within a 12-month period.² Employees can use FMLA leave to:

FMLA applies to private employers with 50 or more employees.³ Additionally, states can expand on FMLA protections, and many have done so.⁴

State Family and Medical Leave Laws Vary

States have implemented different policies to address paid leave needs. These policies include:

Mississippi Should Adopt Paid Family and Medical Leave

Mississippi’s lack of paid leave policies is harming workers and the economy. Without paid family and medical leave:

  • 954,000 Mississippi workers (79%) lack access to paid leave.
  • 67% of workers in Mississippi cannot even access unpaid leave under FMLA.⁸

Everyone Benefits from Paid Leave.

To ensure a strong, inclusive, and effective state-level paid leave program, key policy considerations should include:

Protects workers who need time off for their own health, parental bonding, caregiving, military-related needs, and recovery from domestic or sexual violence.

Ensures workers receive 80-100% of their wages, particularly for low-income workers.

Ensures workers can return to their jobs without fear of retaliation, demotion, or termination.

Allows workers to accrue paid leave based on a minimum wage standard, not just hours worked.

Recognizes non-traditional and extended family caregiving relationships beyond legal or biological ties.

Provides at least 12 weeks of paid leave.

Covers all workers, including full-time, part-time, self-employed, seasonal, and independent contractors, across all industries and employer sizes.

Requires employers to help fund the program.⁹

Citations

¹ “Paid Leave.” U.S. Department of Labor, Women’s Bureau, https://www.dol.gov/agencies/wb/featured-paid-leave.

² “State Family and Medical Leave Laws.” National Conference of State Legislatures, 17 July 2023, https://www.ncsl.org/labor-and-employment/state-family-and-medical-leave-laws.

⁶ “EPI Response to the Bipartisan Congressional Paid Leave RFI.” Economic Policy Institute, 27 Sept. 2023, https://www.epi.org/publication/epi-response-to-the-bipartisan-congressional-paid-leave-rfi/.

⁸ “Paid Leave Means a Stronger Mississippi.” Apr. 2023, National Partnership for Women & Families, https://nationalpartnership.org/wp-content/uploads/2023/04/paid-leave-means-a-stronger-mississippi.pdf. 

⁹ “EPI Response to the Bipartisan Congressional Paid Leave RFI.”