State leave laws continue to expand in 2026: What multistate employers should know

The new year, as always, brings with it new developments in labor and employment law. Likewise, the ever-growing labyrinth of state and local paid leave laws, including paid sick leave and family and medical leave laws, continues to develop in 2026. Some states have expanded their existing leave provisions, while others are enacting wholly new leave programs. As paid leave requirements grow and change, so too do compliance difficulties and litigation risks for multijurisdictional employers. Below is a summary of key developments in state and local leave laws, as well as states to watch as the year progresses.

State leave laws going into effect in 2026

Delaware. Under the Healthy Delaware Families Act, eligible employees now may take up to 12 weeks of paid leave per year to care for a new child, or six weeks of paid leave per year to address a personal serious health condition, assist while a loved one is on an overseas military deployment, or care for a family member with a serious medical condition. The Healthy Families Act provides state-funded wage replacement benefits, and most employers with 10 or more employees are required to participate. Although payroll deductions began in 2025, benefits under this law have just become available to eligible employees effective January 1, 2026.