Check these 16 paid family leave rules for California, New York, Oregon, and Washington before you approve a request.
Key takeaways
- California earnings minimum: Employees must have earned at least $300 and paid into State Disability Insurance (SDI) in the last 18 months to qualify for Paid Family Leave, according to the California Employment Development Department.
- California benefit range: The minimum weekly benefit amount is $50, and the maximum is $1,765 per week, according to the California Employment Development Department.
- Employment status at start: Employees must be employed or actively looking for work when their family leave starts, according to the California Employment Development Department.
- New York form requirement: Employers requesting reimbursement must indicate on Form PFL-1, Part B, Question 10 that they are paying full wages and requesting reimbursement from the insurance carrier, according to the New York Workers’ Compensation Board.
- New York wage affirmation: Completing the employer portion of Form PFL-1 affirms the employee’s hours worked and wages, which helps insurers confirm eligibility for Paid Family Leave benefits, according to the New York Workers’ Compensation Board.
Paid family leave eligibility and job protection depend on state rules
When managing leave requests, verify that the employee’s situation matches the specific criteria for the state program. For example, the California Employment Development Department defines a category of leave for people who become a caregiver for a seriously ill family member, according to California Employment Development Department. This specific definition illustrates how state programs outline the exact circumstances under which an employee may begin their leave period.
Recruiters and hiring managers in small firms must confirm that the employee’s reason for leave aligns with these state-defined conditions before approving the request. The scope of eligible family members and the required level of illness can vary significantly between different state programs. Therefore, you should not assume that the rules in one state apply to another. Instead, check the official guidelines for your specific state to ensure the employee’s situation qualifies. Related state checks include Sick time rules for new hires in 4 states and State overtime rules from 4 pages before the offer.
Eligibility requires minimum earnings and employment status
When an employee asks for paid family leave, the first rule to verify is whether they meet the state's minimum earnings and employment status tests. These tests differ by jurisdiction, so you must check the specific rules for the state where the employee works.
In California, the California Employment Development Department states that an employee must have earned at least $300 and paid into State Disability Insurance (SDI) in the last 18 months to be eligible for Paid Family Leave California Employment Development Department. This requirement ties eligibility to both a specific earnings amount and a period of insurance contributions.
In Oregon, the Oregon Employment Department notes that if your employee works in Oregon and made at least $1,000 in Oregon in their base year before they apply for Paid Leave, they may be eligible for benefits Oregon Employment Department. The department further clarifies that employees who work in Oregon and make at least $1,000 in Oregon in their base year before the potential start date of their leave can apply for Paid Leave benefits Oregon Employment Department.
To apply these tests, confirm the employee’s work location and their earnings during the specified base period. For California, verify the $300 earnings threshold and SDI payments within the preceding 18 months. For Oregon, confirm the $1,000 earnings threshold in the base year prior to the application or potential leave start date. Do not treat one publisher's rule as every firm's rule, and do not treat one jurisdiction's rule as the rule everywhere.
Review your state’s official paid family leave eligibility checklist on the employment department website to confirm these thresholds for your specific employees.
Wage calculations vary by state and employment type
Wage calculation steps differ based on jurisdiction and worker classification. For California, the California Employment Development Department defines the benefit range. The minimum weekly benefit amount is $50, and the maximum is $1,765 per week, according to California Employment Development Department. If the calculated amount exceeds the maximum, the benefit caps at $1,765. If it falls below the minimum, the benefit is $50. These figures are distinct from other states’ calculations. Do not apply California’s weekly limits to employees in other jurisdictions. Each state sets its own benefit floor and ceiling.
For New York, the calculation method changes for specific employment types. The New York Workers’ Compensation Board outlines a specific formula for sole proprietors. For a sole proprietor who has opted into Paid Family Leave, the average weekly wage will be the last 52 weeks of income divided by 52, according to New York Workers’ Compensation Board. This 52-week averaging method applies specifically to sole proprietors who have chosen to participate in the program. It does not necessarily apply to standard employees or other business structures. When processing a request for a sole proprietor in New York, gather income records for the preceding 52 weeks. Sum the total income and divide by 52 to determine the average weekly wage. This figure serves as the basis for the benefit calculation. Ensure the employee has formally opted into the program before applying this formula. If the employee has not opted in, different rules may apply. Keep the calculation tied to the specific employment status and state jurisdiction.
Job protection applies after 90 consecutive days of employment
The Oregon Employment Department specifies that employers must protect employees’ jobs and positions if the employee has been employed for more than 90 consecutive days, according to Oregon Employment Department. This rule applies to all employers within the scope of the "Employers - Paid Leave Oregon" guidance, requiring job preservation for those meeting the tenure threshold. A separate Oregon line says you must protect employees’ jobs and positions if they’ve worked for you at least 90 consecutive days and the position still exists when they return from paid leave, according to Oregon Employment Department.
When managing leave requests, verify the employee’s start date to confirm they have exceeded the 90-consecutive-day mark. Ensure your records accurately reflect consecutive days of employment, as the rule hinges on this continuous period rather than total tenure including breaks.
Confirm that the employee’s original position still exists at the time of their return. The Oregon Employment Department states that protection requires the position to still exist when they return from paid leave, according to Oregon Employment Department. Protect the job if the position still exists when the employee returns from paid leave.
Document the employee’s tenure and the status of their position in your leave management files. Keep these records separate from general HR files to ensure quick retrieval during leave administration.
Reference table for paid family leave rules
The following table summarizes specific requirements and thresholds for paid family leave rules. Each row names the publisher and the specific rule category.
| Publisher | Rule Category | Specific Requirement or Threshold |
|---|---|---|
| California Employment Development Department | Eligibility tests | Have earned at least $300 and paid into State Disability Insurance (SDI) in the last 18 months. |
| California Employment Development Department | Wage calculation steps | The minimum weekly benefit amount is $50, and the maximum is $1,765 per week. |
| California Employment Development Department | Leave start conditions | Be employed or actively looking for work when your family leave starts. |
| California Employment Development Department | Leave start conditions | Care: For people who become a caregiver for a seriously ill family member. |
| New York Workers’ Compensation Board | Form submission requirements | In either situation, if the employer will be requesting reimbursement from the insurance carrier, the employer must indicate on the Request For Paid Family Leave (Form PFL-1, Part B, Question 10) that it is paying the employee their full wages and requesting reimbursement from the insurance carrier. |
| New York Workers’ Compensation Board | Form submission requirements | Once you complete the portion of the Request for Paid Family Leave (Form PFL-1), you affirm your employee’s hours worked and wages, among other elements, which helps insurers confirm that the employee is eligible for Paid Family Leave benefits. |
| New York Workers’ Compensation Board | Wage calculation steps | For a sole proprietor who has opted into Paid Family Leave, the average weekly wage will be the last 52 weeks of income divided by 52. |
| New York Workers’ Compensation Board | Benefit request timelines | In most cases, insurers must pay or deny a request within 18 days of receiving a completed request, or the employee’s first day of leave, whichever is later. |
| Oregon Employment Department | Eligibility tests | If your employee works in Oregon and made at least $1,000 in Oregon in their base year before they apply for Paid Leave, they may be eligible for benefits. |
| Oregon Employment Department | Job protection rules | You must protect employees’ jobs and positions if they’ve worked for you at least 90 consecutive days and the position still exists when they return from paid leave. |
| Oregon Employment Department | Eligibility tests | Employees who work in Oregon and make at least $1,000 in Oregon in their base year before the potential start date of their leave can apply for Paid Leave benefits. |
| Oregon Employment Department | Employer size thresholds | As a small employer, with fewer than 25 employees on average, you don’t pay the employer portion of the Paid Leave contribution, unless you’ve received an assistance grant in the last 2 years. |
| Oregon Employment Department | Job protection rules | All employers must protect employees’ jobs and positions if the employee has been employed for more than 90 consecutive days. |
| Washington Employment Security Department | Grant programs | Also, there are special grant programs for employers with fewer than 150 employees. |
| Washington Employment Security Department | Email subject line | To get you to the right team, include “UBI” followed by your 9-digit UBI number or “BUSINESS” followed by your business name in the subject line. |
| Washington Employment Security Department | Voluntary plan choice | Employers can choose to use a voluntary plan for family leave, medical leave or both. |
In most cases, New York insurers must pay or deny a request within 18 days of a completed request or the employee’s first day of leave, whichever is later, according to New York Workers’ Compensation Board.
In Oregon, employees who work in Oregon and make at least $1,000 in Oregon in their base year before the potential start date of their leave can apply for Paid Leave benefits, according to Oregon Employment Department. Small employers with fewer than 25 employees on average do not pay the employer portion of the Paid Leave contribution unless they received an assistance grant in the last 2 years, according to Oregon Employment Department.
Washington State’s Employment Security Department notes that special grant programs exist for employers with fewer than 150 employees, according to Washington Employment Security Department. When contacting this department, include “UBI” and your 9-digit UBI number or “BUSINESS” and your business name in the subject line, according to Washington Employment Security Department. Employers can choose to use a voluntary plan for family leave, medical leave or both, according to Washington Employment Security Department.
Illustrative example: one leave request
Suppose a worker earned $1,000 in the state during the base year and has worked 90 consecutive days. The workplace has fewer than 25 employees and has not received an assistance grant in the last 2 years. You check the $1,000 earnings figure against that state’s test, and you do not swap in another state’s $300 test. You also check whether job protection follows more than 90 consecutive days, and you separately check the line that uses at least 90 consecutive days when the position still exists on return. If a weekly floor is in play, you note the $50 minimum. If a smaller-employer grant is in play, you note the line for fewer than 150 employees. These round figures show the order of the checks.
Review your state’s official paid family leave eligibility checklist on the employment department website
Verify that your employee meets the minimum earnings and employment status criteria before approving a leave request. Confirm the wage calculation method for your specific state and employment type to ensure accurate benefit projections. In Oregon, apply the employment department’s job-protection lines rather than one 90-day trigger for every state. Determine if your firm size meets the employer contribution thresholds for paid leave programs. Confirm the benefit request timeline and ensure forms are submitted within required deadlines. Gather necessary wage documentation to support the claim. Verify the leave start conditions align with the employee’s situation. Review your state’s official paid family leave eligibility checklist on the employment department website to confirm local requirements. Then use a Family leave handoff with 5 worksheet fields so coworkers know who covers the work.
FAQ: Check paid family leave eligibility and job protection rules
What earnings threshold must an employee meet to qualify for paid family leave in California?
An employee must have earned at least $300 and paid into State Disability Insurance (SDI) in the last 18 months to qualify. This specific earnings and payment history requirement is defined by the California Employment Development Department.
How is the average weekly wage calculated for a sole proprietor opting into paid family leave in New York?
For a sole proprietor who has opted into Paid Family Leave, the average weekly wage is calculated by taking the last 52 weeks of income and dividing by 52. The New York Workers’ Compensation Board provides this specific calculation method for this employment type.
What employment duration triggers job protection under Oregon’s paid leave law?
Employers must protect employees’ jobs and positions if the employee has worked for them for at least 90 consecutive days. This protection applies when the position still exists when the employee returns from paid leave, according to the Oregon Employment Department.
Are small employers in Oregon required to pay the employer portion of paid leave contributions?
Small employers with fewer than 25 employees on average do not pay the employer portion of the Paid Leave contribution. This exemption applies unless the employer has received an assistance grant in the last 2 years, as stated by the Oregon Employment Department.
What is the deadline for insurers to pay or deny a paid family leave request in New York?
In most cases, insurers must pay or deny a request within 18 days of receiving a completed request. The deadline is 18 days from receiving the completed request or the employee’s first day of leave, whichever is later, according to the New York Workers’ Compensation Board.