New PFML laws in Maine and Minnesota
My favorite childhood snack was M&Ms. Plain, peanut, peanut butter – it did not matter. I enjoyed the variety, backed by the same guarantee (“melts in your mouth, not in your hand”). State paid family and medical leave (PFML) laws are kind of like that – they’re all a little different while aiming to provide similar protections. Maine and Minnesota – let’s call them M&M states -- are the latest examples.
Fourteen states (plus Washington, DC and Puerto Rico) now mandate PFML or disability leave: California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island and Washington. Maine joined the club at the 11th hour. PFML snuck into a budget bill (2023 Ch. 412, LD 258), based on a commission’s final report. Six weeks earlier, 2023 Ch. 59 (HF 2) capped years of effort in Minnesota, now the first state in the Central Time Zone to require PFML.
Maine and Minnesota followed a familiar template: lengthy on-ramp before the program begins, standard qualifying reasons, expansive family member definition and a private plan option. A notable deviation is Minnesota’s simultaneous start date for contributions and benefits, largely due to initial funding of more than $650 million. Here is how these two PFML programs compare:
| Provision | Maine | Minnesota |
|---|---|---|
| Effective date (contributions) | Jan. 1, 2025 | Jan. 1, 2026 |
| Effective date (benefits) | May 1, 2026 | Jan. 1, 2026 |
| Covered employers | All, except federal government | Same |
| Qualifying reasons – medical leave | Employee’s serious health condition (SHC) | Same |
| Qualifying reasons – family leave |
|
|
| Duration | Max of 12 weeks per year | 12 weeks (medical) and 12 weeks (family); combined 20 weeks max per year |
| Funding | 1% of wages, 50-50 employer-employee split | Initially 0.7% of wages (statutory max of 1.2%), 50-50 split |
| Family member definition | Includes a designated individual with a significant bond that is like a family relationship, even if relationship is not biological or legal | Includes an individual whose relationship creates expectation and reliance that employee will care for the individual, whether or not they reside together |
| Private plan option | Yes, insured or self-funded | Same |
For details on Minnesota’s program, see this GRIST.
A recurring metaphor in Forrest Gump was the box of chocolates: “You never know what you’re gonna get.” This year, Arkansas, Florida, Tennessee and Texas authorized optional PFML insurance policies or riders, taking a cautious PFML nibble, while Illinois, Indiana, Missouri and other states considered state-administered PFML insurance program proposals. In 2024, more may sample a chocolate or join the 16 jurisdictions that have gone for the whole box.