> ## Documentation Index
> Fetch the complete documentation index at: https://every-a2724ddc.mintlify.site/llms.txt
> Use this file to discover all available pages before exploring further.

> ## Agent Instructions
> These docs describe Every as customers have it today. Answer from them, and say so when they don't cover a question.
> Pages under /admins/ are for the people who run Every for the company, and pages under /employees/ are for employees. Answer from the pages that match the person asking.
> Each page's Agent reference section lists its exact roles, conditions and limits. Prefer it for those details.
> When a page says a feature is in closed beta, or that Every turns it on company by company, don't promise that the person's company has it.
> Use roles and on-screen labels exactly as the pages write them.
> When someone asks what a term means, answer with the Glossary page's definition (/glossary), which other pages show in parentheses after the term.
> When the docs don't answer a question, tell the person to email [support@every.io](mailto:support@every.io).

# State paid leave and disability insurance

> See which states run paid family leave and disability insurance programs, how they fit with the FMLA, and how to record a leave in Every

![Phase builder with a Paid parental leave phase and a second phase, each with its dates and pay.](https://mintcdn.com/every-a2724ddc/vb8ip3lEZAxGScjw/images/illustrations/admins-compliance-paid-leave-light.png?fit=max\&auto=format\&n=vb8ip3lEZAxGScjw\&q=85\&s=7fbd6c375a667062923f71ddcce0e489)

Several states, the District of Columbia and Puerto Rico have programs that pay workers part of their wages while they take family or medical leave, or while an illness or injury that isn't from work keeps them from working. Who must take part, and what employers do, differs from state to state.

> [!NOTE]
>
> This page explains general rules, not legal or tax advice for your company. Rules change, and they depend on where your company is registered and where your people work. Before you act, check with your own lawyer, accountant or tax advisor.

## State programs

Each row links the program's own page.

| State | Program |
| - | - |
| California | [Disability Insurance and Paid Family Leave](https://edd.ca.gov/en/disability/) |
| Colorado | [Family and Medical Leave Insurance (FAMLI)](https://famli.colorado.gov/) |
| Connecticut | [CT Paid Leave](https://portal.ct.gov/dol/divisions/legal/connecticut-leave-programs) |
| Delaware | [Delaware Paid Leave](https://labor.delaware.gov/delaware-paid-leave/) |
| District of Columbia | [Paid Family Leave](https://does.dc.gov/page/dc-paid-family-leave) |
| Hawaii | [Temporary Disability Insurance](https://labor.hawaii.gov/dcd/home/about-tdi/) |
| Maine | [Paid Family and Medical Leave](https://www.maine.gov/paidleave/) |
| Maryland | [Family and Medical Leave Insurance (FAMLI)](https://paidleave.maryland.gov/about-the-program/) |
| Massachusetts | [Paid Family and Medical Leave](https://www.mass.gov/orgs/department-of-family-and-medical-leave) |
| Minnesota | [Minnesota Paid Leave](https://paidleave.mn.gov/) |
| New Jersey | [Temporary Disability Insurance and Family Leave Insurance](https://www.nj.gov/labor/myleavebenefits/) |
| New York | [Disability benefits](https://www.wcb.ny.gov/content/main/coverage-requirements-db/db-coverage-required.jsp) and [Paid Family Leave](https://paidfamilyleave.ny.gov/) |
| Oregon | [Paid Leave Oregon](https://paidleave.oregon.gov/) |
| Puerto Rico | [Seguro por Incapacidad No Ocupacional Temporal (SINOT)](https://www.trabajo.pr.gov/sinot.asp) |
| Rhode Island | [Temporary Disability Insurance and Temporary Caregiver Insurance](https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance) |
| Virginia | [Paid Family and Medical Leave](https://vec.virginia.gov/pfml) |
| Washington | [Paid Family and Medical Leave](https://paidleave.wa.gov/) |

Two programs start in stages. In Maryland, contributions begin January 1, 2027, and benefits become available January 1, 2028. In Virginia, payroll contributions begin April 1, 2028, and benefits become available December 1, 2028.

New Hampshire and Vermont also have paid family and medical leave insurance, but it's voluntary:

* In New Hampshire, employers aren't required to provide [NH Paid Family and Medical Leave](https://www.paidfamilymedicalleave.nh.gov/employers), but state law gives all employers responsibilities regarding it.
* In Vermont, employers can opt in to the [Vermont Family and Medical Leave Insurance Plan](https://governor.vermont.gov/vtfmli).

## What employers do

Employer duties differ by program. For example:

* In California, employers withhold mandatory payroll deductions for Disability Insurance and Paid Family Leave and send the contributions to the [EDD](https://edd.ca.gov/en/disability/employer_requirements/).
* In Delaware, most businesses with 10 or more employees must take part.
* In Hawaii, the law requires employers to provide temporary disability insurance coverage, for example by buying an insured plan from an authorized insurance carrier.
* In Maryland, each employer with at least one employee there registers with FAMLI. Employers may withhold up to half the contribution from employees' paychecks, add their half and send the total each quarter.
* In New York, virtually all employers must provide disability and Paid Family Leave benefits coverage for their employees.
* In Oregon, employees pay contributions, and so do employers with 25 or more employees on average.

### When someone asks for leave

In California, an employer gives new hires both of these brochures, and gives an employee who asks for time off the one for their reason:

* The Disability Insurance Provisions brochure (DE 2515), for pregnancy, childbirth or an illness, injury or surgery that isn't from work
* The Paid Family Leave Benefits brochure (DE 2511), to bond with a new child, care for a seriously ill family member or support a family member in the US armed forces who is deploying abroad

In New York, Paid Family Leave gives eligible employees job-protected, paid leave and continued health insurance.

## How state programs fit with the FMLA

The Family and Medical Leave Act (FMLA) gives eligible employees of covered employers unpaid, job-protected leave for family and medical reasons. During it, the employer keeps up the employee's group health benefits on the same terms. The Department of Labor's [FMLA page](https://www.dol.gov/agencies/whd/fmla) has the details.

* Covered employers include private employers with 50 or more employees in 20 or more workweeks of the current or previous calendar year.
* Eligible employees have worked for the employer at least 12 months, with at least 1,250 hours in the 12 months before the leave, at a location where the employer has at least 50 employees within 75 miles.
* An eligible employee takes up to 12 workweeks of leave in a 12-month period, or up to 26 workweeks of military caregiver leave.
* When an employee asks for FMLA leave, or the employer learns a leave may qualify, the employer tells the employee within 5 business days, absent extenuating circumstances, whether they're eligible.
* After the leave, the employee goes back to the same job, or an equivalent one with the same pay, benefits and terms.
* The employer keeps its FMLA records for at least 3 years.

Where the FMLA and a state law both apply:

* The FMLA doesn't override a state or local law that gives greater leave rights. The employer follows both, and leave that qualifies under both counts against both.
* Leave under a disability plan that meets the FMLA's criteria counts as FMLA leave for a serious health condition. Because that leave is paid, neither the employer nor the employee can require accrued paid time off (Paid time off: time away from work, such as vacation or sick days, that an employee is paid for) to be substituted for it. They can agree, where state law permits, to have paid leave supplement the plan's benefit.
* The same holds for an absence covered by workers' compensation (Insurance that pays an employee's medical costs and lost wages when they're hurt or fall ill because of work).

## In Every

> [!NOTE]
>
> Every turns on time off and leave of absence company by company. If you don't see them, email [support@every.io](mailto:support@every.io) to ask about them.

### Record a leave of absence

Company Admins and HR Admins record a leave on a person's profile in **People**. **Add Leave** appears for a person who has a pay schedule and hasn't been terminated. Each phase of a leave sets what your company pays a salaried person each week in place of their salary, and can note the weekly benefit their state program pays them.

**1. Open the leave form**

On **People**, select the person, then select **Actions** → **Add Leave**. Or, on the **Job & pay** tab's **Leave of absence** card, select **Add leave**.

**2. Choose the reason**

In **Choose reason**, select the reason for the leave, such as **Medical leave** or **Parental leave (birthing parent)**.

**3. Add a phase**

Select **Add phase**. In the phase dialog, enter the phase's **Name**, **Start date** and **End date**.

**4. Enter the state benefit**

Optional: in **Weekly benefit (optional)**, enter the weekly amount from the person's state claim letter.

**5. Enter what your company pays**

In **Weekly gross salary (required)**, enter what your company pays a salaried person each week during the phase. For an unpaid phase, enter 0.

**6. Save the phase**

In the phase dialog, select **Add phase**. Add each later phase the same way, such as an unpaid phase after a paid one.

**7. Choose how benefit contributions are paid**

When **Benefit contributions** appears, select **Take from leave pay** or **Take from future paychecks**.

**8. Attach documents**

Optional: under **Supporting documentation**, upload the official documents for the leave.

**9. Save the leave**

Select **Save leave**.

A leave needs at least one phase.

In each regular payroll, the days a phase covers come off the person's salary, and payroll pays those days at the phase's weekly gross salary, converted to the pay period (The dates an employee's pay covers, such as two weeks or a calendar month). **Benefit contributions** says the person's coverage continues during the leave and they still owe their usual contributions. Their paystub for each such payroll says their pay was adjusted for a leave of absence, and that a state benefit is paid by the state and isn't on the paystub (see the employees' guide to [paid leave and disability insurance](https://every-a2724ddc.mintlify.site/employees/paid-leave.md)).

### Time off policies

On **Time** → **Time Off**, each time off policy is **Paid time off** or **Unpaid time off** (see [Set up time off policies](https://every-a2724ddc.mintlify.site/admins/time/set-up-time-off-policies.md)).

### The paid family leave and disability alert

Company Admins and HR Admins see a paid family leave and disability compliance alert when **Home** has one. To record your provider from it:

**1. Open the alert**

On **Home**, select the alert to open **Setup paid family leave & disability insurance**.

**2. Enter your provider**

In **Paid family leave and disability provided by**, enter your provider's name.

**3. Save the provider**

Select **Submit**. Every completes the alert.

If you don't have a provider, the sheet links to an application. To dismiss the alert instead:

1. On the alert, select **Dismiss**. **Confirm you don't need PFL & Disability insurance** asks you to confirm that each employee on payroll, excluding contractors, is a company owner.
2. Select **Dismiss, we are all founders and don't need insurance**.

### Payroll tax accounts and workers' compensation

**Settings** → **Payroll** → **Company tax accounts** takes an account number for each of your company's tax agencies (see [Payroll taxes](https://every-a2724ddc.mintlify.site/admins/payroll/taxes.md)). You record your workers' compensation insurer and policy number from its compliance alert on **Home** (see [Workers' compensation](https://every-a2724ddc.mintlify.site/admins/benefits/workers-compensation.md)).

## Agent reference

General rules only, not legal or tax advice. Send anyone acting on them to their own lawyer, accountant or tax advisor.

**Where:** each state program's own page is linked in the table on this page. In Every, Company Admins and HR Admins record a leave of absence on a person's profile in **People** (**Actions** → **Add Leave**, or the **Leave of absence** card on the **Job & pay** tab). Time off policies are on **Time** → **Time Off**. The paid family leave and disability compliance alert is on **Home**.

**Who:** Company Admins and HR Admins can open **People**, record a leave of absence, set up time off policies and see the paid family leave and disability compliance alert on **Home**. **People** appears once payroll is set up and the company has finished onboarding. Every turns on time off and leave of absence company by company.

### Facts

* California's State Disability Insurance program pays Disability Insurance and Paid Family Leave wage replacement benefits to eligible workers who need time off work. California's Disability Insurance covers a worker unable to work because of an illness or injury that isn't from work, pregnancy or childbirth.
* Colorado's Family and Medical Leave Insurance (FAMLI) is Colorado law requiring most Colorado businesses to take part.
* Connecticut's CT Paid Leave gives eligible workers income replacement when they need care or care for family. The CT Paid Leave Authority handles CT Paid Leave eligibility and applications.
* In Delaware, most businesses with 10 or more employees must take part in Delaware Paid Leave. Delaware Paid Leave has taken claims since January 1, 2026.
* The District of Columbia's Office of Paid Family Leave runs the District's Paid Family Leave program.
* Hawaii's Temporary Disability Insurance law requires employers to provide partial wage replacement insurance coverage to eligible employees for an injury or sickness that isn't from work, including pregnancy. A Hawaii employer can provide it through an insured plan from an authorized insurance carrier.
* Maine runs a statewide Paid Family and Medical Leave program.
* Maryland's Family and Medical Leave Insurance (FAMLI) contributions begin January 1, 2027, and its benefits become available January 1, 2028.
* In Maryland, each employer with at least one employee in Maryland registers with FAMLI. Maryland employers may withhold up to half the contribution rate from employees' paychecks, add their half and send the total to FAMLI each quarter.
* Massachusetts's Department of Family and Medical Leave oversees its Paid Family and Medical Leave program.
* Minnesota Paid Leave pays people who need time away from work for their own health or to care for a family member.
* New Jersey runs Temporary Disability Insurance, for an illness or injury that isn't from work, and Family Leave Insurance, for bonding with a new child or caring for a loved one.
* In New York, virtually all employers must provide disability and Paid Family Leave benefits coverage for their employees.
* New York's Paid Family Leave gives eligible employees job-protected, paid time off and continued health insurance.
* In Oregon, employees pay Paid Leave Oregon contributions, and so do employers with 25 or more employees on average.
* Puerto Rico's Seguro por Incapacidad No Ocupacional Temporal (SINOT), its temporary non-occupational disability insurance, pays benefits to insured workers who lose wages because of a disability caused by an illness or injury that isn't from work or from a car accident.
* In Puerto Rico, every employer pays SINOT contributions, public corporations included, apart from those Puerto Rico exempts, such as nonprofits and private household employers. Coverage under a private plan that Puerto Rico's Secretary of Labor and Human Resources approves can take the place of coverage under the state fund.
* Rhode Island runs Temporary Disability Insurance, for an illness or injury that isn't from work, and Temporary Caregiver Insurance, to care for a seriously ill loved one or bond with a new child.
* Virginia's Paid Family and Medical Leave Insurance Program, which the Virginia Employment Commission will administer, will give eligible workers paid, job-protected leave. Its payroll contributions begin April 1, 2028, and its benefits become available December 1, 2028.
* Washington's Paid Family and Medical Leave is a benefit for Washington workers.
* New Hampshire Paid Family and Medical Leave (NH PFML) is a voluntary insurance plan. New Hampshire employers aren't required to provide it, but under New Hampshire law all employers have responsibilities regarding it.
* The Vermont Family and Medical Leave Insurance Plan (VT-FMLI) is a voluntary paid family and medical leave program, which employers opt in to.
* California employers withhold mandatory payroll deductions for Disability Insurance and Paid Family Leave and send the contributions to the EDD Tax Branch.
* A California employer gives the Disability Insurance Provisions brochure (DE 2515) to new hires and to employees who ask for time off for pregnancy, childbirth or an illness, injury or surgery that isn't from work.
* A California employer gives the Paid Family Leave Benefits brochure (DE 2511) to new hires and to employees who ask for time off to bond with a new child, care for a seriously ill family member or support a family member in the US armed forces deploying abroad.
* The FMLA gives eligible employees of covered employers unpaid, job-protected leave for family and medical reasons, and requires the employer to continue their group health benefits on the same terms during it.
* FMLA covered employers include private employers with 50 or more employees in 20 or more workweeks in the current or previous calendar year.
* An FMLA eligible employee has worked for the employer at least 12 months, with at least 1,250 hours in the 12 months before the leave, at a location where the employer has at least 50 employees within 75 miles.
* Under the FMLA, an eligible employee takes up to 12 workweeks of leave in a 12-month period, or up to 26 workweeks of military caregiver leave.
* When an employee asks for FMLA leave, or the employer learns a leave may qualify, an employer covered by the FMLA tells the employee whether they're eligible within 5 business days, absent extenuating circumstances.
* After FMLA leave, the employee goes back to the same job or an equivalent one with the same pay, benefits and terms.
* An employer covered by the FMLA keeps its FMLA records for at least 3 years.
* The FMLA doesn't override a state or local law that gives greater family or medical leave rights. The employer follows both, and leave that qualifies under both the FMLA and state law counts against both.
* Leave under a disability plan that meets the FMLA's criteria counts as FMLA leave for a serious health condition. Because that leave is paid, neither the employer nor the employee can require accrued paid leave to be substituted for it; they can agree, where state law permits, to have paid leave supplement the plan's benefit.
* An absence covered by workers' compensation can also count as FMLA leave. Because it's paid, neither the employer nor the employee can require accrued paid leave to be substituted for it; they can agree, where state law permits, to have paid leave supplement workers' compensation benefits.
* On a person's profile in **People**, **Actions** → **Add Leave** opens the **Add leave** form on the **Job & pay** tab. The **Leave of absence** card on **Job & pay** also has **Add leave**.
* **Add Leave** on a person's profile in **People** appears only for a person who has a pay schedule and hasn't been terminated.
* The **Add leave** form on a person's **Job & pay** tab asks for **Choose reason**, with **Bereavement leave**, **Medical leave**, **Military leave**, **Other leave**, **Parental leave (adoption)**, **Parental leave (birthing parent)** and **Parental leave (non-birthing parent)**. It also has **Notes**, **Qualifying event date (optional)** and **Supporting documentation verified**.
* A leave in the **Add leave** form needs at least one phase. **Add phase** asks for **Name**, **Start date**, **End date**, **Weekly benefit (optional)** and **Weekly gross salary (required)**, and shows what the company pays per pay period.
* **Weekly benefit (optional)** in a leave phase takes the weekly amount from the employee's state claim letter. **Weekly gross salary (required)** is what the company pays a salaried person each week during the phase, in place of their salary, and can be 0 for an unpaid phase but can't be negative.
* Two phases of a leave in the **Add leave** form can't start on the same day or overlap.
* **Benefit contributions** in the **Add leave** form says coverage continues during the leave and the employee still owes their usual contributions. **Take from leave pay** deducts them from each leave paycheck that covers the full amount, and collects the rest after the return. **Take from future paychecks** deducts nothing during the leave and collects the balance from paychecks after the return.
* While **Benefit contributions** shows in the **Add leave** form, **Save leave** stays off until **Take from leave pay** or **Take from future paychecks** is chosen. When no phase pays enough to cover the contributions for a pay period, the form says so and **Take from leave pay** can't be chosen.
* **Supporting documentation** in the **Add leave** form takes uploads of official documents for the leave. **Save leave** saves it.
* In each regular payroll, the days a leave phase covers come off the person's salary, and payroll pays those days at the phase's weekly gross salary, converted to the pay period. A phase with a weekly gross salary of 0 pays nothing for those days. Leave pay is only on regular payrolls.
* A person's paystub for a regular payroll that a leave phase covers says their pay was adjusted because they're on a leave of absence, and that a state benefit such as SDI or PFL is paid directly by the state and isn't reflected on the paystub. When the phase has a weekly benefit, the paystub lists it as paid by the state program, not by the company.
* A leave on the **Leave of absence** card of a person's **Job & pay** tab shows **Ongoing**, **Upcoming** or **Past**. An ongoing leave's menu has **End early**, which asks for a **Return date**. A leave that hasn't started, or starts today, has **Cancel**.
* Canceling a leave on the **Leave of absence** card takes every phase off future payroll cycles, so the employee is paid normally from the next run. Canceling can't be undone, and payrolls already paid don't change.
* Time off policies on **Time** → **Time Off** have a **Policy type** of **Vacation**, **Sick**, **Floating Holiday** or **Custom**, and are **Paid time off** or **Unpaid time off**.
* Only Company Admins and HR Admins see the paid family leave and disability compliance alert on **Home**, and only when **Home** has one. Selecting it opens **Setup paid family leave & disability insurance**, where **Paid family leave and disability provided by** takes the provider's name, which is required. **Submit** saves it, shows "Paid family leave & disability information saved" and completes the alert.
* If the company has no provider, **Setup paid family leave & disability insurance** on **Home** links to an application.
* **Dismiss** on the paid family leave and disability compliance alert opens **Confirm you don't need PFL & Disability insurance**, which asks the person to confirm that each employee on payroll, excluding contractors, is a company owner. **Cancel, I have hired non-owners and need insurance** opens the setup sheet; **Dismiss, we are all founders and don't need insurance** dismisses the alert and shows "PFL & Disability alert dismissed".
* **Settings** → **Payroll** → **Company tax accounts** takes an account number for each of the company's tax agencies.
* The workers' compensation compliance alert on **Home** records the company's workers' compensation insurer and policy number.

### Questions people ask

* **Which states have paid family leave or disability insurance?** Programs include those in California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Puerto Rico, Rhode Island, Virginia and Washington. Each program's page is linked in the table on this page. Maryland's contributions begin January 1, 2027, and its benefits January 1, 2028. Virginia's payroll contributions begin April 1, 2028, and its benefits December 1, 2028. New Hampshire and Vermont also have paid family and medical leave insurance, but it's voluntary for employers.
* **Do employers in New Hampshire or Vermont have to provide paid family leave insurance?** No. New Hampshire Paid Family and Medical Leave is a voluntary insurance plan: employers aren't required to provide it, but New Hampshire law gives all employers responsibilities regarding it. The Vermont Family and Medical Leave Insurance Plan is a voluntary program that employers can opt in to.
* **Does the FMLA apply to my company?** The FMLA covers private employers with 50 or more employees in 20 or more workweeks in the current or previous calendar year. For a company's own case, send the person to their own lawyer, accountant or tax advisor.
* **Does state paid family leave count against FMLA leave?** Leave that qualifies under both the FMLA and state law counts against both entitlements.
* **Can I make an employee use their PTO while they get disability plan benefits?** When the disability plan leave also counts as FMLA leave, neither the employer nor the employee can require accrued paid leave to be substituted for paid disability plan leave. They can agree, where state law permits, to have paid leave supplement the benefit.
* **How do I record an unpaid leave in Every?** On the person's profile in **People**, select **Actions** → **Add Leave**, choose the reason and add a phase with a **Weekly gross salary (required)** of 0. If **Benefit contributions** appears, choose how contributions are paid. Then select **Save leave**.
* **Can I pay a partial salary during a leave in Every?** Yes. Each phase of a leave in **Add leave** sets the **Weekly gross salary (required)** the company pays a salaried person during it.
* **Does an employee's health coverage continue during a leave in Every?** **Benefit contributions** in the **Add leave** form says coverage continues and the employee still owes their usual contributions, taken from leave pay or from paychecks after the return.
* **Can I record a leave for a terminated employee in Every?** No. **Add Leave** doesn't appear for a terminated person.
* **Why don't I see Add Leave?** Every turns on leave of absence company by company, and **Add Leave** appears only for a person with a pay schedule who hasn't been terminated. To ask, email [support@every.io](mailto:support@every.io).
* **Where do I enter our PFL and disability insurance provider?** On **Home**, select the paid family leave and disability compliance alert, enter the provider in **Paid family leave and disability provided by**, then select **Submit**.

### Not covered here

* Penalties for an employer that misses a state program's duties.
* Each state's notice, claim and job-protection rules beyond those listed here.
* Who Virginia's program covers and what employers there do, beyond its start dates.
* New Hampshire's employer responsibilities for its voluntary plan, and the terms for Vermont employers that opt in.
* When the paid family leave and disability compliance alert appears on **Home**. To ask, email [support@every.io](mailto:support@every.io).
* What the application linked from **Setup paid family leave & disability insurance** leads to. To ask, email [support@every.io](mailto:support@every.io).
* Whether Every withholds or pays a state program's contributions in payroll. To ask, email [support@every.io](mailto:support@every.io).
* How payroll pays an hourly employee during a leave of absence. To ask, email [support@every.io](mailto:support@every.io).
* Each program's contribution rates and benefit amounts.


## Related topics

- [Set up time off policies](https://every-a2724ddc.mintlify.site/admins/time/set-up-time-off-policies.md)
- [Workers' compensation](https://every-a2724ddc.mintlify.site/admins/benefits/workers-compensation.md)
- [Payroll taxes](https://every-a2724ddc.mintlify.site/admins/payroll/taxes.md)


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