ALPA ADVANCING AVIATION SAFETY AND SECURITY SINCE 1931

Paid Family Leave for U.S. and Canadian Crewmembers

As an airline pilot in the United States, you could have access to paid family leave for parental and family caregiving, along with temporary disability insurance, provided by the state where you are based. For our Canadian members, the government offers benefits and leave for employees, allowing new parents to take paid leave for up to 15 weeks with job security upon their return.

As of January 2024, 13 states and the District of Columbia have implemented comprehensive, mandatory state-paid family leave policies. The majority adopt a social insurance policy model that finances these benefits through pooled payroll taxes from employees and/or employers. If you are based in California, Connecticut, Massachusetts, New Jersey, Rhode Island, Washington, Colorado, Delaware, Maine, Maryland, Minnesota, Oregon, or the District of Columbia, you may be part of this initiative. New York is the standalone, which provides paid leave using a mandatory private insurance system. The state requires employers to purchase paid family and medical leave plans from private insurance where coverage is offered. The New York State government oversees and strictly regulates this program.

No matter where you live in the United States or Canada, identifying available paid programs can begin by reaching out to your Human Resources Department and/or your pilot group’s Family Assistance Committee to check if your airline provides any details on state-/government-paid leave. Your ALPA contract is another great resource for any provisions related to time off, usually under “Leaves of Absences.” Look for paragraphs related to Family Medical Leave Act (FMLA, U.S. only) and Maternity/Paternity Leave (MPLA). Determine what you can use for your required/desired time off such as sick leave, paid time off, vacation, Kin Care, MPLA leave, etc. These contract provisions can be a confusing, so don’t hesitate to contact your Master Executive Council’s parental/family committee and/or your local council rep for assistance.

Under FMLA, airline flight crew employees in the United States are entitled to 72 days of leave within a 12-month period if they have worked 504 hours in the past year. Most state leaves also have an available number of weeks and a cap on pay each year.

Additional U.S. resources:

Additional Canadian Resources:

For further assistance, contact us at FamilyAssistanceGroup@alpa.org.



State-Paid Leave Programs (U.S.) 

The following list of U.S. state-paid programs was last updated by the ALPA FAWG on 3/30/23.

 

AZ

EEs accrue 1 hour of paid sick time for every 30 hours worked, up to 40 hours per year. Covers sick leave for EE or family members’ care (including testing or quarantine due to COVID), closure of school or ER’s business for public health reasons (including closure due to COVID), and absences due to domestic violence, sexual assault or stalking. ER may require new EEs to wait 90 days before using accrued leave. Does not apply if expressly waived in CBA.  

Citations: Ariz. Rev. Stat. §23-371, et seq.

Resources:

Industrial Commission of Arizona
FAQs about Minimum Wage and Earned Paid Sick Time

CA

Family Sick Leave: ERs that provide sick leave must permit EEs to use leave to care for family member. Leave limited each year to amount EE would accrue in 6 months. Leave runs concurrently with CA Family and Medical Leave.

Family and Medical Leave.  ERs must provide unpaid leave after 12 months of service. EEs can take up to 12 weeks of leave in a 12-month period for childbirth, adoption, serious health condition of EE or EE’s family member, or exigency relating to family member on active duty.  Flight crew must (i) work or be paid for 504 hours and (ii) work or be paid for 60% of the “applicable monthly guarantee” during 12-month period prior to leave request. The “applicable monthly guarantee” is the minimum number of hours guaranteed under the contract, except for pilots on reserve, for whom the “applicable monthly guarantee” is the number of hours that the ER agrees to pay reserve pilots. Leave runs concurrently with CA Family Sick Leave.

Citations: Cal. Lab. Code §§233, 234

Resource: CA Dept. of Fair Employment and Housing

Family and Medical Leave: ERs must provide unpaid leave after 12 months of service. EEs can take up to 12 weeks of leave in a 12-month period for childbirth, adoption, or serious health condition of EE or EE’s family member. Must work 1,250 hours during 12-month period prior to leave request. Leave runs concurrently with CA Family Sick Leave.

Citations: Cal. Gov’t Code §§12945-12945.6

Resources:

California Department of Fair Employment and Housing
California DOI - FAQ

COVID Leave: ERs must provide paid leave if EE or family member has COVID, needs to quarantine or is receiving a vaccine. Maximum leave of 80 hours. 2022 COVID-19 Supplemental Paid Sick Leave provides covered employees up to 80 hours of COVID-19 related paid leave from January 1, 2022 to December 31, 2022. Pay is based on EE’s regular pay rate, capped at $511 per day and $5,110 in the aggregate. ER cannot require use of other ER-provided leave (paid or unpaid) before or in lieu of using state leave. If EE takes other ER-provided leave for COVID that pays as much as or more than state leave, ER can credit this against state leave. 

Citations: Cal. Lab. Code §248.2

Resource: 2022 COVID-19 Supplemental Paid Sick Leave FAQs (ca.gov)

 

CO

ERs must allow EEs to earn and use up to 48 hours of paid sick leave per year, with no waiting period. Must permit carryover of up to 48 hours unused leave to following year. Leave must accrue at rate of 1 hour for every 30 hours worked. Can use for preventive care or treatment of health condition of EE or EE’s family member, absences due to domestic violence, sexual assault or harassment, or for closure of school or ER’s business for public health reasons. EEs covered by CBA with equivalent or more generous leave provisions are exempt. Additional leave must be provided during public health emergency(“PHE”), including COVID. As of January 8, 2023, the conditions covered by Colorado’s latest PHE declaration are COVID-related only. From November 11, 2022 until January 8, 2023, the conditions covered by Colorado's PHE declaration at the time include health needs related to not just COVID, but also flu, respiratory syncytial virus (“RSV”), and similar respiratory illnesses. 

Starting January 1, 2023, most Colorado workers (full-time, part-time and seasonal) will see a new deduction on their paychecks of 0.45% of their wage which represents employee required contributions to Colorado’s new, voter-approved Paid Family and Medical Leave Insurance Program.  The FAMLI program is funded by premiums made by both employers and employees. Contributions made in 2023 will establish the fund that will eventually pay out benefits to Colorado workers in 2024. The gap year is needed to build the funds before benefits can be paid.

Citations: Col. Rev. Stat. Ann. §8-13.3-401, et seq.

Resources:
Colorado Dept of Labor and Employment:

GA

ERs that provide sick and/or disability leave must permit EEs who work at least 30 hours per week to use at least 5 days of leave per calendar year to care for immediate family members. (NOTE: 30 hour per week rule could exempt most pilots from coverage.)

Citations: Ga. Code Ann. §34-1-10

Resource: Georgia Dept. of Labor

HI

ERs must provide up to 4 weeks of unpaid leave per year after 6 consecutive months of service for childbirth, adoption, or care for serious health condition of EE or EE’s family member. EE can substitute up to 10 days of accrued paid leave for any part of the 4-week period. 

Citations: Haw. Rev. Stat. Ann. §398-1, et seq.

Resources:

Hawaii Dept. of Labor and Industrial Relations
Hawaii Wage Standards Division: Family Leave
Hawaii Dept of Human Resources Development: Family Leave

IL

ERs that provide sick leave must permit EEs to use such time for absences due to an illness, injury, or medical appointment of the employee’s child, spouse, [domestic partner], sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee’s attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee’s own illness or injury.   Disability benefits are not considered sick leave for this purpose. ER can limit annual use of family leave to amount of sick leave EE would accrue over 6-month period. 

Citations: 820 Ill. Comp. Stat. §191/1, et seq.

Resources:

Illinois Dept. of Labor (IDOL) 
Employee Sick Leave Act FAQs (PDF)

MA

Parental and Child Care Leave. ERs must provide 8 weeks of unpaid leave after completion of probationary period of no more than 3 months. If no probationary period, must provide leave after 3 consecutive months of full-time employment. Covers childbirth and adoption. If two EEs work for same ER, EEs are entitled to total of 8 weeks. 

Citations: Mass. Gen. Laws Ann., part I, title xxi, ch. 149, §§105D, 148C; part I, title xxii, ch. 175M 

Resource: Massachusetts Dept. of Labor Standards

Earned Sick Time. ERs must allow EEs to earn and use up to 40 hours of paid sick leave per year. Use can be subject to 90-day waiting period from date of hire. Leave must accrue at rate of 1 hour for every 30 hours worked and can be capped at 40 hours per year. Must permit carryover of up to 40 hours unused leave to following year. Can use to attend medical appointments or for treatment of EE or EE’s family member or to address effects of domestic violence.

Paid Family and Medical Leave. ERs must provide up to 20 weeks per year of paid leave for EEs who are incapacitated due to serious health condition, up to 12 weeks to care for family member with serious health condition, up to 12 weeks to bond with a new child and up to 26 weeks to care for a family member who is sick or injured due to military service. Maximum leave of 26 weeks per year. Funded through combination of EE and ER assessments. In certain circumstances, a covered individual may take intermittent or reduced schedule leave for the individual's own serious health condition, or to care for a family member's serious health condition or to care for a service member. However, an individual may not take intermittent or reduced schedule leave for child bonding unless the employer and covered individual specifically agree. 

 

Resources: 

About medical leave
Paid Family and Medical Leave in Massachusetts
Parental Leave in Massachusetts    
Employment Leave

MD

Flexible Leave. ERs that have paid leave policies must permit EEs to use leave to care for family member. Paid leave includes any paid time off that EE earns and is available, but does not include leave covered by ERISA plan, such as leave under an LTD plan.

Citations: Md. Code Ann., Lab. & Empl. §3-801, et seq.; §3-1301, et seq.

Resource: Employees and Employers - Important Guidelines

Sick and Safe Leave. ERs must provide paid sick leave to EEs who work 12 hours per week. Leave must accrue at rate of 1 hour for every 30 hours worked and can be capped at 40 hours per year. Must permit carryover of up to 40 hours unused leave to following year but can cap total accrual at 64 hours. ER can front-load leave at start of year, in which case carryover not required. EEs can use accrued leave beginning 106 days after date of hire. Can use for preventive care or treatment of health condition of EE or EE’s family member, maternity/paternity leave or for absences due to domestic violence, sexual assault, or stalking. Preempts local sick leave ordinances passed on and after 1/1/17.

Resources: 

MD Office of Small Business Regulatory Assistance (OSBRA)  
Healthy Working Families Act (PDF)

MN

ERs must provide EEs with up to 12 weeks of unpaid leave after 12 months of service. Can use leave (or any available sick leave provided by the ER) to care for family member, or for absences due to domestic violence, sexual assault or stalking. ER must also allow EEs to use up to 16 hours unpaid leave during any 12-month period to attend school conferences or school-related activities related to the employee's child, provided the conferences or school-related activities cannot be scheduled during nonwork hours. Any maternity or paternity leave provided by ER must be extended to adoptive parents. 

Citations: Minn. Stat. §181.940, et seq. 

Resource: 

Minnesota Dept. of Labor and Industry
A Guide to Minnesota's Laws About Sick and Safe Leave (mn.gov)
Minnesota Pregnancy and Parental Leave, FMLA

NJ

Family Leave. ERs must provide EEs with up to 12 weeks of unpaid leave within any 24-month period after 12 months of service. EE must have worked at least 1,000 hours for the ER before taking the leave. EEs can use leave for childbirth, adoption, or foster care, or for serious health condition of EE or family member. Leave to care for family member or in the case of the foster care placement, birth or adoption of a healthy child, may be taken on reduced schedule basis. ER can require exhaustion of accrued paid leave first.

Citations: N.J. Stat. Ann. §34:11B-1, et seq.; §43:21-25, et seq.; §43:21-39.1, et seq.

Resource: NJ Department of Labor & Workforce Development

Paid Sick Leave. ERs must provide paid sick leave to all EEs at the rate of 1 hour for every 30 hours worked, up to 40 hours per year. Can require 120-day waiting period from date of hire before using leave. Can use for preventive care or treatment of adverse health condition of EE or EE’s family member; for absences due to domestic violence, sexual assault, or stalking; for closure of school or ER’s business for public health reasons; or to attend school-related conferences or functions. State-paid sick leave law preempts local ordinances.

Resource: Department of Labor and Workforce Development (nj.gov)

Temporary Disability Leave. State provides disability insurance benefits to EEs who are temporarily unable to work due to non-occupational illness or injury. Maximum duration is 6 months. Benefit is 85% of average weekly wage up to maximum amount. Covers EEs who are unable to work because underlying condition puts them at high risk for COVID. Funded through combination of EE and ER assessments.

Resource: Division of Temporary Disability and Family Leave Insurance   

NY

Paid Sick Leave. The Sick Leave Law provides that, starting on September 30, 2020, employees in the State of New York must begin accruing sick leave and must be allowed to begin using this leave beginning on January 1, 2021.  The Sick Leave Law applies to all employers in the State of New York, but the amount of leave required to be provided, and whether the leave is required to be paid or unpaid, depends on the employer’s size and net income. The Sick Leave Law requires, at a minimum, that sick leave, whether paid or unpaid, accrue at a rate of 1 hour of leave for every 30 hours worked.  Alternatively, an employer may make the total amount of required sick leave available to employees at the beginning of each calendar year, provided the employer does not later reduce available sick leave based on the actual hours worked by an employee. 

Paid Family Leave. ERs must provide at least 12 weeks of paid sick leave per year to all EEs, funded through post-tax payroll wage deductions. ERs may but are not required to contribute. COVID-related quarantine is covered. Benefit 67% of EE’s average weekly wage, capped at 67% of statewide average weekly wage. EEs entitled to job reinstatement upon return from leave and health coverage continuation while on leave. Paid Family Leave provides paid time off to bond with a new child, care for a family member with a serious health condition, or to assist loved ones when a family member is deployed abroad on active military service. This time can be taken all at once, or in increments of full days. Effective January 1, 2023, the definition of "family members" expands to include siblings. This includes biological siblings, adopted siblings, step-siblings and half-siblings. These family members can live outside of New York State, and even outside of the country.

COVID Vaccine Leave. ERs must provide at least 4 hours of paid leave per COVID vaccine injection, including booster shots. Cannot be charged against any other leave to which EE is entitled. New York state has extended its law requiring paid COVID-19 vaccination leave through Dec. 31, 2023. The extension was in the form of an amendment to the original law, which was scheduled to expire Dec. 31, 2022.

Citations: N.Y. Workers’ Comp. Law §200, et seq.; N.Y. Labor Law §196-c

Resources:  

New York Dept. of Labor
New York State Paid Family Leave
New York Paid Sick Leave (ny.gov)
New York State Paid Sick Leave - General Information 

OR

Family Leave. ERs must provide EEs with up to 12 weeks of unpaid leave within any 1-year period after 180 days of service. EE must have averaged at least 25 hours per week during the 180-day period prior to the leave. EEs can use leave for childbirth or adoption if taken within 12 months of birth or adoption. Can also use for care of family member with for serious health condition, treatment of own serious health condition that renders EE unable to perform at least 1 essential function of job or to care for child who has illness, injury or condition that requires home care. Can take leave if child’s school or day care is closed due to public health emergency, including COVID. In response to an increase in pediatric cases of respiratory syncytial virus, or RSV, the governor declared a public health emergency on November 14, 2022. The declaration extends to March 6, 2023, unless extended or terminated earlier. Can use up to 2 weeks as bereavement leave if taken within 60 days of notice of death of family member. Women taking pregnancy disability leave are entitled to an additional 12 weeks. EEs must be permitted to use accrued paid leave, and ER can require exhaustion of accrued paid leave first. Upon return, EE must be restored to original or equivalent position. EE benefits must be maintained during leave period, and EEs entitled to health coverage continuation while on leave.

Sick Time. ERs must allow EEs to earn and use up to 40 hours of paid sick leave per year. Use can be subject to 90-day waiting period from date of hire. Leave must accrue at rate of 1 hour for every 30 hours worked, and accrual can be capped at 40 hours per year. Must permit carryover of up to 40 hours unused leave to following year. ER can front-load leave at start of year, in which case carryover not required. Can cap total accrual at 80 hours and can limit use to 40 hours per year. Can use for preventive care or health condition of EE or EE’s family member, to care for newborn or newly adopted child, for death of family member, to seek legal assistance in connection with health of EE or EE’s child, to obtain services or to relocate due to domestic violence, sexual assault, or stalking, or for closure of EE’s workplace or child’s school. ER may allow EE to donate accrued sick time to coworker.

Paid Family and Medical Leave. Beginning January 1, 2023, ERs will need to provide at least 12 paid weeks family leave each year, to be funded through combination of EE and ER assessments. Can use for serious health condition of EE or EE’s family member, to care for newborn or newly adopted child, or to deal with domestic violence, sexual assault or harassment. stalking, or for closure of EE’s workplace or child’s school. Depending on reason for leave, may be able to also take additional 4 weeks unpaid leave.

Citation: Or. Rev. Stat. Ann. §653.601, et seq.; §659A-150, et seq.

Resources:

Oregon BOLI: How Can We Help You?
Oregon Family Leave Act (OFLA)
Oregon BOLI: Sick Time

 

WA

Family Sick Leave. ERs with paid sick leave policies must permit EEs to use leave to care for family member. Leave runs concurrently with state-paid leave.  

Citations: Wash. Rev. Code §49.12.265, et seq.; §49.46.200, et seq. 

Resource: Washington State Dept. of Labor and Industries

Paid Sick Leave. ERs must provide paid sick leave at the rate of 1 hour for every 40 hours worked, with no restrictions on accrual or usage. Must permit carryover of up to 40 hours unused leave to following year. Use can be subject to 90 day waiting period from date of hire. Can use for preventive care or treatment of EE or EE’s family member, for absences due to domestic violence, sexual assault or stalking or for closure of school or ER’s business for public health reasons (including COVID). If EE leaves employment and is rehired within 12 months, accrued leave must be restored. 

Paid Family and Medical Leave (eff. 1/1/20). ERs must provide at least 12 paid weeks family leave and 12 weeks paid medical leave (or up to 16 weeks combined family and medical leave) each year.  Paid time off is available to care for a family member with a serious health condition, bonding with a new baby or child, or for certain military-related events. Extra 2 weeks available for female EE with serious health condition due to pregnancy. Funded through ER and EE contributions. EE must work at least 820 hours during (i) the first 4 of the last 5 calendar quarters or (ii) the last 4 calendar quarters before taking leave. Can use leave for EE’s own serious health condition (medical leave) or to care for family member (family leave).

Resources: 

Washington Labor & Industries
Paid Sick Leave
Paid Family & Medical Leave
Benefit Guide

WI

ERs must provide EEs with annual unpaid leave of up to 6 weeks for birth or adoption, up to 2 weeks for care of family member with serious health condition and up to 2 weeks for EE’s own serious health condition. EE must have worked for ER for 52 consecutive weeks and completed 1,000 hours in preceding 52-week period to be eligible for leave. EE can substitute other paid or unpaid leave, but ER cannot require substitution. Group health coverage must continue during leave period. 

Citations: Wisc. Stat. Ann. §103.10

Resources:  

WI Dept. of Workforce Development
WI Family Medical Leave

 

Notes: 

  1. The summaries in the chart do not include such details as the definition of “family member” or “serious health condition,” coordination with federal FMLA, or notice and certification requirements, all of which vary by state. Additional details can be found in the online resources, and the summaries should be treated as a starting point and not as a substitute for those resources.
  2. The applicability of many of the laws summarized above depend on the size of the employer, and all of the laws will be fully applicable to the airlines employing ALPA-represented pilots.  As a result, provisions relating to applicability based on employer size are not addressed in the summaries.
  3. The chart is focused on general sick leave laws, including kin care. Several states have more narrowly applicable leave laws relating to pregnancy and maternity, adoption, domestic violence, child bereavement, etc., which are not addressed in the chart.
  4. The chart does not include (i) municipal sick leave ordinances, (ii) laws of states without ALPA pilot bases (CT, ME, RI, VT), (iii) laws that do not apply to flight crew (CA paid family leave) or (iv) laws that do not apply to collectively bargained employees (MI).