Why It Matters
Access to paid family and medical leave in the United States is uneven and largely voluntary on the corporate side, with no federal mandate requiring private-sector employers to provide it. A new Congressional Research Service (CRS) report published Sept. 30 finds that only 27% of private industry employees had employer-provided paid family leave as of March 2023, per Bureau of Labor Statistics data, while 44% had access to employer-supported short-term disability insurance as of March 2026.
15 states, including the District of Columbia, have enacted legislation creating mandatory family and medical leave insurance programs, and as of April 2025 the United States was the only Organisation for Economic Co-operation and Development member country not providing paid leave to new mothers employed in the private sector, according to the report.
The Big Picture
The Family and Medical Leave Act of 1993 (FMLA), P.L. 103-3, entitles eligible workers to unpaid, job-protected leave for specified family and medical needs. Access varies by job type: the Bureau of Labor Statistics (BLS) survey cited in the CRS report found that access was more prevalent among professional and technical occupations, high-paying occupations, full-time workers, and workers in large companies.
A 2017 Pew Research Center study found that among leave-takers, 62% of those in households earning under $30,000 received no pay during leave, compared with 26% in households at or above $75,000; 26% of Black workers and 23% of Hispanic workers reported being unable to take needed leave, versus 13% of White workers.
As of September 2026, 13 states, including DC, were paying benefits under mandatory leave insurance programs, with total benefit durations ranging from 12 to 52 weeks; Maryland and Virginia have enacted programs but are not scheduled to begin paying benefits until 2028.
The report says research links paid leave with outcomes such as improved child health and mothers' mental well-being, and it lists potential worker and employer benefits, including earnings stability, morale, job tenure and productivity-related outcomes, while also recording stakeholder concerns about costs.
The Bottom Line
The report emphasizes that under current arrangements, access to paid family and medical leave depends on an employer, insurance coverage, or state of residence, which could have adverse effects upon workers who are not provided with paid leave benefits.
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