As 2025 comes to a close, now is an opportune time to review the numerous changes set to take place with regard to state paid leave laws in 2026. Let's take a look:

1. New and Expanded Benefits

Delaware and Minnesota have enacted new paid leave programs, with each set to go live on Jan. 1, 2026. Delaware's program will provide up to 12 weeks of paid time off annually for eligible workers to care for new children, or up to six weeks in a two-year period for workers' own medical problems, family members' illnesses, or reasons related to family members' military duty. 

Unlike the Family and Medical Leave Act (FMLA), Delaware's new law does not exempt businesses with fewer than 50 employees. Instead, businesses with less than 10 employees are permitted, but not required, to participate in the program, while businesses with 10 to 24 employees are required to participate only in the parental leave benefit. Businesses with 25 or more employees are required to participate in the full program.

Minnesota's new program, meanwhile, provides employees with up to 12 weeks for personal medical leave and up to 12 weeks for family leave, capped at 20 weeks of total paid leave per benefit year. Covered employees will receive partial wage replacement, calculated based on how the employee's wage compares to the state average wage. All employers are covered under the new law, regardless of size or number of employees.

In addition to the newly-established programs in Delaware and Minnesota, several other states are planning expansions to their existing paid leave laws in 2026. Those states include Colorado, Connecticut, Oregon, Rhode Island, Washington, and Maine. Furthermore, while unpaid, New Hampshire is implementing a childbirth leave policy in 2026.

2. State Legislation to Watch

The implementation of Delaware and Minnesota's programs in January brings the total number of paid leave programs to 14 nationwide (13 states plus the District of Columbia). This trend is set to continue in 2026, with legislative bills pending in several states, including Virginia, Hawaii, Illinois, Michigan, New Mexico, and Pennsylvania. All in all, 2026 is set to be another pivotal year for paid leave laws.

Employers are recommended to stay on top of all updates to paid leave programs to ensure that they are in compliance with the law. As such, consultation with legal counsel is highly recommended.