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Family Leave Laws

United States Map
Law grants workers leave to care for a same-sex partner, even if couple is not legally recognized (3 states + D.C.)
Law grants workers leave to care for a same-sex partner, but only if couple is in a legally recognized relationship (8 states)
State lacks leave law (39 states)
State leave law includes pay during time off (3 states)
NOTE: Only married workers with same-sex spouses currently residing in marriage equality states, and all married federal employees, are eligible for federal FMLA leave to care for a spouse.

Percent of LGBT Population Covered by Laws

3% of LGBT population lives in states where workers can take leave to care for a same-sex partner, even if the couple is not legally recognized 23% of LGBT population lives in states where workers can take leave to care for a same-sex partner, but only if the couple is in a legally recognized relationship 74% of LGBT population lives in states lacking leave law 17% of LGBT population lives in states that provide pay during time off
United States Map
Law grants workers leave to care for a child for whom the worker is parenting, even if the worker lacks a legal or biological relationship to the child (7 states + D.C.)
Law grants workers leave to care for a child only if the worker has a legal or biological relationship to the child (6 states)
State lacks leave law (37 states)
State leave law includes pay during time off (3 states)
NOTE: Workers caring for children who are not their legal children can still take federal FMLA leave as the federal government does not require the person acting as a parent to be a legal parent to the child. Washington has passed a paid leave law, but it is not yet funded.

* Leave available for parents upon the adoption of a child under the age of seven only

Percent of LGBT Population Covered by Laws

23% of LGBT population lives in states where workers can take leave to care for a child for whom the worker is parenting, even if the worker lacks a legal or biological relationship to the child 6% of LGBT population lives in states where workers can take leave to care for a child only if the worker has a legal or biological relationship to the child 71% of LGBT population lives in states lacking leave law 17% of LGBT population lives in states that provide pay during time off
Leave law permits leave

Leave law includes pay during time off

Leave law does not permit leave


State State leave law permits leave for same-sex spouse or partner regardless of relationship status State leave law permits leave only for a legally recognized spouse/partner State leave law permits leave for a child, regardless of legal tie to worker State leave law permits workers leave for a child only if the worker has a legal or biological relationship to the child Federal FMLA law permits leave for a same-sex spouse/partner Federal FMLA law permits leave for a child, regardless of legal tie to worker
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming


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Data current as of 09/10/2014