Family Leave: Child/Parent

State family leave laws govern whether a person can take leave from work to care for a child. Barriers to parental recognition for same-sex couples raising children often mean that one parent lacks legal ties to the child or children they are raising. Parents who are not legal parents may be denied this leave unless the state recognizes parents in loco parentis.
The federal Family and Medical Leave Act (FMLA) requires certain employers to provide unpaid leave for employees to care for their or certain family members’ health or obligations. State laws may provide additional benefits or requirements, including that such leave be paid.
Law grants workers leave to care for a child for whom the worker is parenting, even if the worker lacks a legal or biological relationship to the child
(15 states + 1 territory + D.C.)
Law grants workers leave to care for a child only if the worker has a legal or biological relationship to the child
(5 states + 1 territory)
State lacks leave law
(30 states + 3 territories)
State leave law includes pay during time off
State leave law includes pay during time off
(16 states + 1 territory + D.C.)
Citations & More Information

Recommended citation:
Movement Advancement Project. 2026. “Equality Maps: Family Leave Laws.” https://mapresearch.org/equality-map/family-leave-laws/. Data as of June 12, 2026.

Note: For some states with recently passed paid leave laws, access to paid leave has not yet begun. For more, visit A Better Balance.

Workers caring for children who are not their legal children can still take federal FMLA leave as the federal government does not require the person acting as a parent to be a legal parent to the child. Maryland’s leave law does not explicitly define child; the Commissioner on Labor and Industry has proposed regulations that would adopt the federal Family Medical Leave Act rules and regulations.

Some cities and counties (including but not limited to those below) have passed local-level sick or family leave laws. These vary considerably in scope, coverage, and definitions. For more information on the specifics of these laws, visit A Better Balance.

Berkeley, CA
Emeryville, CA
Long Beach, CA
Los Angeles, CA
Oakland, CA
San Diego, CA
San Francisco, CA
Chicago, IL
Cook County, IL
Montgomery County, MD
Minneapolis, MN
St. Paul, MN
Bloomfield, NJ
East Orange, NJ
Elizabeth, NJ
Irvington, NJ
Jersey City, NJ
Montclair, NJ
Morristown, NJ
Newark, NJ
Passaic, NJ
Paterson, NJ
Plainfield, NJ
Trenton, NJ
New York City, NY
Portland, OR
Philadelphia, PA
Pittsburgh, PA
Seatac, WA
Seattle, WAÂ

 

Spokane, WA
Tacoma, WA
Milwaukee, WI

 

Percent of Adult LGBTQ Population Covered by Laws

*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.

43%
43% of LGBTQ population lives in states where workers can take leave to care for a child for whom the worker is parenting, even if the worker lacks a legal or biological relationship to the child
5%
5% of LGBTQ population lives in states where workers can take leave to care for a child only if the worker has a legal or biological relationship to the child
52%
52% of LGBTQ population lives in states lacking leave law
43% of LGBTQ population lives in states that provide pay during time off
43%
43% of LGBTQ population lives in states that provide pay during time off