What Happened?

A report from the Congressional Research Service (CRS), Congress' nonpartisan research arm, published Sept. 30, finds that only 27 percent of private-sector employees had employer-provided paid family leave as of March 2023. ​

No federal mandate requires private employers to provide paid family leave, but the Family and Medical Leave Act of 1993 (FMLA) entitles eligible workers to unpaid, job-protected leave for specified family and medical needs.

As of April 2025, the U.S. was the only member of the Organisation for Economic Co-operation and Development (OECD) not providing paid leave to new mothers employed in the private sector, according to the CRS report.

Why Does it Matter to Me?

According to the report, your access to paid family and medical leave depends on your employer, your insurance coverage, or the state where you live. It also found paid leave is more common among professional workers, full-time employees, and people at large companies. Part-time workers, lower-wage earners, and employees at small businesses are less likely to have it.

A 2017 Pew Research Center study cited in the report found that 62 percent of leave-takers in households earning under $30,000 received no pay, compared with 26 percent in households earning $75,000 or more. Among workers who needed leave, 26 percent of Black workers and 23 percent of Hispanic workers said they could not take it, versus 13 percent of White workers.

Both Sides, Now

The U.S. was the only Organisation for Economic Co-operation and Development (OECD) member country as of April 2025 not providing paid leave to new mothers employed in the private sector, and the report lists potential benefits for workers and employers, including earnings stability, morale, job tenure and productivity-related outcomes No federal mandate requires private employers to offer paid family leave, but 15 states, including the D.C., have enacted mandatory family and medical leave insurance programs.

What Happens Next?

As of September 2026, thirteen states, including D.C., are actively paying benefits under mandatory leave insurance programs, with durations ranging from 12 to 52 weeks. Maryland and Virginia have enacted programs but are not scheduled to begin paying benefits until 2028.

The federal government does not require private-sector employers to offer paid family leave. While President Trump has worked to expand it in certain ways, he has not publicly supported its expansion nationwide. Will Congress act to close the gap between workers who get paid during family leave and those who do not?

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