Center for American Progress

Self-Employed Workers’ Access to State Paid Leave Programs in 2026
Report

Self-Employed Workers’ Access to State Paid Leave Programs in 2026

States are leading the way in providing self-employed workers with opportunities to gain paid leave coverage, but more must be done to improve these programs and make them more accessible.

In this article
Maryibeth Coote, a self-employed owner of Jonathan David Woodworking, works in Center Township, Pennsylvania on March 21, 2017. (Getty/Brendan Smialowski)

Introduction and summary

To date, 14 states and Washington, D.C., have passed paid family and medical leave laws.1 These laws provide covered workers with wage replacement benefits when they need time away from work to address their own serious health needs, care for a seriously ill or injured loved one, or bond with a new child.

Default Opt Ins

Variable Opt Ins

Most of these state laws, though not all, include the opportunity for self-employed workers—including freelancers, independent contractors, and sole proprietors—to access paid family and sick leave coverage. Access to these benefits is critical for the self-employed, who experience the same health and family needs as all workers but almost always lack any form of paid leave unless they have access to an insurance system.

Prior Center for American Progress work in this series (see below) has explored in greater detail why these workers need paid leave and the essential benefits leave provides.2 This issue brief explains the status of coverage for self-employed workers under state paid leave programs.

See also

The availability of paid leave for self-employed workers in the states

For employees, coverage under state paid leave laws is generally automatic. Employees have a legal right to coverage, and they—and/or their employers—are legally required to contribute to the program. In contrast, no existing state paid leave program automatically covers self-employed workers.3 While counts of the number of self-employed workers vary substantially, there are at least 16.8 million self-employed workers in the United States, making up more than 10 percent of all employed people in the country.4 States that have extended the opportunity for paid leave coverage to self-employed workers have done so on a voluntary, opt-in basis.5

Twelve of the 15 existing state paid leave programs generally6 allow—or will allow, when the programs are fully operational—self-employed workers to voluntarily opt in to coverage: California,7 New York,8 Washington,9 Massachusetts,10 Connecticut,11 Oregon,12 Colorado,13 Maryland,14 Minnesota,15 Maine,16 Virginia,17 and Washington, D.C.18 Nationwide, 30 percent of self-employed people live in states that currently provide paid leave benefits and allow self-employed people to opt in; when all currently passed paid leave programs are up and running, that number will rise to about 34 percent.19

Opting in to a state paid leave program typically involves submitting an application or notice to a state agency or enrolling through an online portal, providing required documentation, and then complying with the state’s rules.20 Self-employed people must pay contributions into that program’s insurance system. In exchange, subject to state-specific eligibility rules, self-employed people become eligible for cash benefits, set as a percentage of their self-employment income, when they are unable to work because of covered medical, parental, or caregiving needs. The following subsections provide further information on how these programs work.

Benefits

State paid leave programs provide cash benefits from an insurance fund to those who cannot work due to serious health or family needs.21 Typically, covered needs include addressing one’s serious health needs, caring for those of a loved one, or bonding with a new child. In addition, some programs cover needs in relation to military deployment or sexual or domestic violence.22 If self-employed people opt in and meet the eligibility requirements, they can apply for and receive cash benefits to cover lost income when they cannot work for a covered reason.

Benefits are set as a percentage of self-employment income, up to a weekly cap. This can be either a flat rate, where all workers receive the same percentage of their income, or a progressive rate based on income.23 Typically, progressive-rate programs replace a higher percentage of income than flat-rate programs. Most commonly, progressive-rate programs replace 90 percent of a worker’s pay below a certain amount and replace income above that amount at a lower percentage, usually 50 percent.24 This creates a sliding scale where lower-income workers—including lower-income self-employed workers who opt for coverage—receive a higher percentage of their income.

Benefits are available for a period of weeks, with 12 weeks being the most common maximum time limit per need.25 The exact available duration varies by state and may vary by purpose.26 If appropriate, self-employed workers may be able to take benefits on an intermittent basis, rather than as a single unit, to cover recurring absences such as medical appointments.27

Costs

The costs to opt in vary widely by state. Contributions are typically set as a percentage of a self-employed person’s income, adjusted annually. Among the states with opt-in options, Colorado is at the low end with an opt-in contribution of 0.44 percent of income,28 while California is at the high end with a typical opt-in cost of an astronomical 8.84 percent of income.29 All other programs are below 1 percent. (see Figure 1) Every program, with the exception of Washington, D.C.,30 and California,31 caps contributions, usually applying them only to income up to a certain amount, most commonly at the maximum amount subject to taxation for Social Security,32 which is currently $184,500.33

In six state programs, self-employed people pay the same amount as employees at the same income level. This can mean either that costs are split between employees and employers, but self-employed people pay only the employee share—as in Colorado, Oregon, Washington state, Maine, and Virginia34—or that only employees contribute, and self-employed people pay the same amount as employees, as in Connecticut.35

In six other state programs, self-employed workers must pay a higher share of income than employees. In four states, employers and employees both contribute,36 but self-employed workers must pay both the employer and employee shares, potentially resulting in much higher rates than employees pay.37 In Washington, D.C., employees do not contribute to the cost of the program, but self-employed workers who opt in pay the full employer contribution.38 

Eligibility and waiting periods

For employees, eligibility typically depends on meeting a minimum amount of covered earnings or time worked over a fixed period prior to the use of leave.39 For the self-employed, benefit eligibility is tied to requirements workers must meet following their decision to opt in to the program. These requirements could include a minimum passage of time after opting in, making paid contributions for a minimum period of time or minimum amount of covered income, or both.40 In Washington, D.C., and New York, workers who fail to opt in within a set timeframe following becoming self-employed face a longer waiting period—one year in Washington, D.C., and two years in New York.41 To be eligible to opt in, most programs require self-employed people to commit to remaining in the program for a specific period of time, typically three years.42

How many self-employed people have opted in?

The number of self-employed people who opt in has remained shockingly low across all state programs that offer the option. The 10 fully operational programs that allow individuals to opt in report that for the most recent available time period, an approximate 133,500 total self-employed people opted in out of 5.1 million self-employed people in those states, a rate of about 2.64 percent. (see Figure 2) Opt-in rates vary but remain low in all states, from just 0.06 percent in California up to 11.37 percent in New York (for disability only). (see Figure 2)

Exactly why program usage remains low merits further research and examination. One likely driver of low usage is low awareness: Workers cannot use a program they do not know exists. Lack of awareness is an ongoing challenge for paid leave programs—both for employees and self-employed workers—requiring continual outreach and educational investments. Because of the opt-in system, the stakes are even higher for self-employed workers, as they must proactively enroll in the program, typically for some period of time prior to using it. However, many self-employed workers do not seek out information about paid leave until they have an urgent need for it, at which point it may be too late. More research is needed to identify best practices in education and outreach to engage self-employed workers as well as implement these practices in all states.

Even when workers are aware of programs, other barriers may exist. In California, for example, the exceptional cost of opting in puts coverage out of reach for many self-employed people, which likely contributes to California’s particularly low opt-in rate. In 2026, covered employees must pay in at a rate of 1.3 percent of their income.43 California’s program is fully employee funded, with no employer contribution, so this contribution represents the full amount being paid into the fund on behalf of employees. However, self-employed workers who opt in to the program must typically pay 8.84 percent of their net profit—nearly seven times the rate of an employee making the same amount.44 Making matters worse, self-employed people are eligible for fewer weeks of benefits—a maximum of 39 weeks of disability benefits, compared with 52 weeks for employees.45 As a result, self-employed people must pay much more for less.

In New York, self-employed workers face a different challenge. Those wishing to opt in to the state’s paid family leave program must do so within 26 weeks of becoming self-employed. If they do not, they face a mandatory two-year waiting period after electing paid family leave coverage before they can access the benefits. In other words, they must pay premiums for a full two years before becoming eligible for these benefits.46 This deadline is not widely known, and many self-employed people inadvertently miss their window to opt in without triggering the waiting period.47 As noted above, other programs have waiting periods after workers opt in before they can qualify for benefits, but none are nearly as long as New York’s two-year waiting period.

More work remains to ensure that opportunities to opt in to state paid leave programs are well understood and designed to meet the needs of the self-employed workforce. In addition, the three state paid leave programs that do not currently broadly allow self-employed workers to opt in should be amended to include this crucial option.

Conclusion

The self-employed need paid leave, allowing them to heal, to bond, and to care without jeopardizing their economic security. State paid leave programs giving these workers the opportunity to choose coverage are crucial first steps that should be studied and expanded. These policies should pave the way for true national paid leave for all—including paid leave for the self-employed.

Endnotes

  1. These states are California, New Jersey, Rhode Island, New York, Washington state, Massachusetts, Connecticut, Oregon, Colorado, Maryland, Delaware, Minnesota, Maine, and Virginia. See Molly Weston Williamson, “The State of Paid Family and Medical Leave in the U.S.” (Washington: Center for American Progress, 2026), available at https://www.americanprogress.org/article/the-state-of-paid-family-and-medical-leave-in-the-u-s/.
  2. Molly Weston Williamson, “Why Self-Employed Workers Need Paid Leave” (Washington: Center for American Progress, 2023), available at https://www.americanprogress.org/article/why-self-employed-workers-need-paid-leave/.
  3. The one exception is the covered business entity provision in Massachusetts’ law. However, in practice, this provision likely does not cover any workers. For more information, see Molly Weston Williamson, “Creative Options To Provide Paid Leave for Self-Employed Workers,” Center for American Progress, October 11, 2023, available at https://www.americanprogress.org/article/creative-options-to-provide-paid-leave-for-self-employed-workers/.
  4. Author’s calculations based on U.S. Bureau of Labor Statistics, “Labor Force Statistics (CPS): Table A-9. Selected Employment Indicators,” available at https://www.bls.gov/webapps/legacy/cpsatab9.htm (last accessed September 2026). Calculations combine incorporated and unincorporated self-employed workers and use 11-month annual averages from 2025, reflecting the fact that the CPS was not taken in October 2025 due to the federal government shutdown.
  5. Molly Weston Williamson, Sherry Leiwant, and Julie Kashen, “Constructing 21st Century Rights for a Changing Workforce: A Policy Brief Series” (New York: A Better Balance, 2019), pp. 7–8, available at https://www.abetterbalance.org/wp-content/uploads/2020/12/ABB_Policy-Brief1-pdf.pdf.
  6. In Delaware, those who may see themselves or be colloquially referred to as self-employed but are paid as employees (i.e., via W-2) can opt in to coverage. For example, a person who is the sole employee of a business of which they are the owner, such as an S corporation, could opt their business and therefore themselves into coverage. See The Delaware Code online, “Del. Code tit. 19 § 3717,” available at https://delcode.delaware.gov/title19/c037/index.html#3717 (last accessed June 2026). However, those who are self-employed and not paid as employees of anyone, such as unincorporated sole proprietors or those operating as single-member LLCs, are not able to opt in. Christopher Counihan, director, Delaware Department of Labor Division of Paid Leave, personal communication with the author by email, May 8, 2024, on file with author. Given this more limited access, for the purposes of this analysis, this brief does not count Delaware among the states that allow the self-employed to opt in.
  7. California Legislative Information, “Cal. Unemp. Ins. Code § 708.5,” available at https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=UIC&sectionNum=708.5 (last accessed June 2026); California Employment Development Department, “Disability Insurance Elective Coverage (DIEC),” available at https://edd.ca.gov/en/payroll_taxes/Disability_Insurance_Elective_Coverage/ (last accessed June 2026).
  8. The New York State Senate, “N.Y. Workers’ Comp. Law § 212(4)(b),” available at https://www.nysenate.gov/legislation/laws/WKC/212 (last accessed June 2026); New York State, “Self-Employed Individuals,” available at https://paidfamilyleave.ny.gov/self-employed-individuals (last accessed June 2026).
  9. Washington State Legislature, “Wash. Rev. Code § 50A.10.010,” available at https://app.leg.wa.gov/RCW/default.aspx?cite=50A.10.010 (last accessed June 2026); Washington Paid Family and Medical Leave, “Self-employed: Electing coverage,” available at https://paidleave.wa.gov/elective-coverage/ (last accessed June 2026).
  10. The 194th General Court of the Commonwealth of Massachusetts, “Mass. Gen. Laws tit. XXII, ch. 175M, § 2(j),” available at https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175M/Section2 (last accessed June 2026); Commonwealth of Massachusetts, “Paid Family and Medical Leave coverage for self-employed individuals,” available at https://www.mass.gov/info-details/paid-family-and-medical-leave-coverage-for-self-employed-individuals (last accessed June 2026).
  11. Connecticut General Assembly, “Conn. Gen. Stat. § 31-49m,” available at https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-49m (last accessed June 2026); Connecticut Paid Leave, “I’m a Sole Proprietor or Self-Employed,” available at https://www.ctpaidleave.org/for-businesses-and-employers/a-sole-proprietor?language=en_US (last accessed June 2026).
  12. Oregon Legislature, “Or. Rev. Stat. § 657B.130,” available at https://www.oregonlegislature.gov/bills_laws/ors/ors657B.html (last accessed June 2026); Paid Leave Oregon, “You can choose coverage,” available at https://paidleave.oregon.gov/self-employed/overview.html (last accessed June 2026).
  13. Justia U.S. Law, “Colo. Rev. Stat. § 8-13.3-514,” available at https://law.justia.com/codes/colorado/title-8/labor-i-department-of-labor-and-employment/labor-conditions/article-13-3/part-5/section-8-13-3-514/ (last accessed June 2026); Colorado Family and Medical Leave Insurance Program, “Opting in to FAMLI,” available at https://famli.colorado.gov/individuals-and-families/opting-in-to-famli (last accessed June 2026).
  14. Westlaw, “Md. Code, Lab. & Empl. § 8.3-201,” available at https://govt.westlaw.com/mdc/Document/NA8B6B17136D311F097FF824067A6721D?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) (last accessed June 2026). Note that while paid leave benefits will start for employees no later than January 3, 2028, the self-employed opt-in option may not be available until July 1, 2028. Ibid.; Maryland General Assembly, “Md. Code, Lab. & Empl. § 8.3-701(a)(1),” available at https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gle&section=8.3-701&enactments=False&archived=False (last accessed August 2026).
  15. Minnesota Legislature, “Minn. Stat. § 268B.11,” available at https://www.revisor.mn.gov/statutes/cite/268B.11 (last accessed June 2026); Minnesota Paid Leave, “Self-employed: Opt in to Paid Leave,” available at https://pl.mn.gov/self-employed/opt-paid-leave (last accessed June 2026). 
  16. Maine Legislature, “Me. Stat. tit. 26 § 850-G,” available at https://legislature.maine.gov/statutes/26/title26sec850-G.html (last accessed June 2026); Maine Department of Labor, “For Self-Employed Mainers,” available at https://www.maine.gov/paidleave/selfemployed/index.shtml (last accessed June 2026). 
  17. Virginia Law, “Va. Code § 60.2-815,” available at https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-815/ (last accessed October 2026). Benefits will begin in Virginia on December 1, 2028. Virginia Law, “Va. Code § 60.2-802,” available at https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-802/ (last accessed October 2026).
  18. Council of the District of Columbia, “D.C. Code § 32-541.05,” available at https://code.dccouncil.gov/us/dc/council/code/sections/32-541.05 (last accessed June 2026); Office of DC Paid Family Leave, “Self-Employed Individuals,” available at https://dcpaidfamilyleave.dc.gov/self-employed/ (last accessed June 2026).
  19. Author’s calculations based on American Community Survey 2024 1-year Estimates “Class of Worker for the Civilian Employed Population 16 Years and Over.” American Community Survey, ACS 1-Year Supplemental Estimates, Table K202402, available at https://data.census.gov/table/ACSSE2024.K202402?t=Class+of+Worker&g=010XX00US$0400000. Calculations combine incorporated and unincorporated self-employed workers.
  20. Commonwealth of Massachusetts, “Opt in and contribute to PFML as a self-employed individual,” available at https://www.mass.gov/info-details/opt-in-and-contribute-to-paid-family-and-medical-leave-as-a-self-employed-individual (last accessed June 2026); Office of DC Paid Family Leave, “Self-Employed Individuals”; Washington Paid Family and Medical Leave, “Self-employed: Electing coverage.”
  21. Williamson, “The State of Paid Family and Medical Leave in the U.S.”
  22. Ibid.
  23. Ibid.
  24. National Partnership for Women and Families, “State Paid Family and Medical Leave Insurance Laws” (Washington: 2026), pp. 18–22, available at https://nationalpartnership.org/wp-content/uploads/2023/02/state-paid-family-leave-laws.pdf.
  25. Molly Weston Williamson, “The State of Paid Family and Medical Leave in the U.S.” (Washington: Center for American Progress, 2026), available at https://www.americanprogress.org/article/the-state-of-paid-family-and-medical-leave-in-the-u-s/. 
  26. National Partnership for Women and Families, “State Paid Family and Medical Leave Insurance Laws,” pp. 8–9.
  27. Ibid., p. 10.
  28. Justia U.S. Law, “Colo. Rev. Stat. § 8-13.3-507,” available at https://law.justia.com/codes/colorado/title-8/labor-i-department-of-labor-and-employment/labor-conditions/article-13-3/part-5/section-8-13-3-507/ (last accessed June 2026); Colorado Family and Medical Leave Insurance Program (FAMLI), “Premium and Benefits Calculator,” available at https://famli.colorado.gov/individuals-and-families/how-famli-works/premium-and-benefits-calculator (last accessed June 2026). 
  29. California Employment Development Department, “Benefits and Premium Amounts – Disability Insurance Elective Coverage,” available at https://edd.ca.gov/en/Disability/Self-Employed_Benefit_Amounts (last accessed June 2026). For the purposes of this program, California effectively defines income for the self-employed as net profit. Those whose net profit is lower than $4,600 per year pay a flat rate of $406.64, which may be a higher effective rate than the standard 8.84 percent.
  30. Office of DC Paid Family Leave, “PFL Tax Rate Change FAQ and Preparation Guidance,” available at https://dcpaidfamilyleave.dc.gov/employer-information/ (last accessed June 2026). Note that D.C.’s paid leave law was amended to allow portions of the paid leave contribution beyond that required to maintain solvency to be redirected to the general fund, if certified by the district’s Chief Financial Officer (CFO). D.C. Code § 32-541.03(b-1). As of March 2026, the district’s CFO certified that the actual contribution rate necessary to support the paid leave program is 0.25 percent, with the remaining 0.5 percent going into the general fund to support other programs. Shira Markoff, “Cuts to DC’s Paid Leave Program Will Harm District Residents,” D.C. Fiscal Policy Institute, April 22, 2026, available at https://dcfpi.org/all/cuts-to-dcs-paid-leave-program-will-harm-district-residents/.
  31. California Employment Development Department, “Disability Insurance Elective Coverage Rate Notice and Instructions for Computing Annual Premiums,” available at https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de3dii.pdf (last accessed June 2026).
  32. Connecticut General Assembly, “Conn. Gen. Stat. § 31-49g(b)(1),” available at https://www.cga.ct.gov/current/pub/chap_557.htm (last accessed June 2026); Justia U.S. Law, “Colo. Rev. Stat. § 8-13.3-507(6),” available at https://law.justia.com/codes/colorado/title-8/labor-i-department-of-labor-and-employment/labor-conditions/article-13-3/part-5/section-8-13-3-507/ (last accessed June 2026); Maine Legislature, “Me. Rev. Stat., tit. 26 § 850-F(6),” available at https://legislature.maine.gov/legis/statutes/26/title26sec850-F.html (last accessed June 2026); Maryland General Assembly, “Md. Code, Lab. & Empl. § 8.3-601(a)(2)(ii),” available at https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gle&section=8.3-601 (last accessed August 2026); The 194th General Court of the Commonwealth of Massachusetts, “Mass. Gen. Laws tit. 22, ch. 175M, section 6(f),” available at https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175M/Section6 (last accessed August 2026); Minnesota Legislature, “Minn. Stat. § 268B.11(3),” available at https://www.revisor.mn.gov/statutes/cite/268B.11 (last accessed August 2026); Oregon Legislature, “Or. Rev. Stat. § 657B.150(6),” available at https://www.oregonlegislature.gov/bills_laws/ors/ors657B.html (last accessed August 2026); Washington State Legislature, “Wash. Rev. Code § 50A.10.030(4),” available at https://app.leg.wa.gov/RCW/default.aspx?cite=50A.10.030 (last accessed August 2026). In New York, paid family leave contributions are capped at $95,348.76 of annual income, while disability insurance premiums are not capped. New York State, “New York Paid Family Leave Updates for 2026,” available at https://paidfamilyleave.ny.gov/2026 (last accessed August 2026).
  33. Social Security Administration, “Contribution And Benefit Base,” available at https://www.ssa.gov/oact/cola/cbb.html (last accessed June 2026).
  34. For sources showing that both employers and employees pay into the programs, see Washington State Legislature, “Wash. Rev. Code § 50A.10.030(3),” available at https://app.leg.wa.gov/RCW/default.aspx?cite=50A.10.030 (last accessed August 2026); Oregon Legislature, “Or. Rev. Stat. § 657B.150(2)(b),” available at https://www.oregonlegislature.gov/bills_laws/ors/ors657B.html (last accessed August 2026); Justia U.S. Law, “Colo. Rev. Stat. § 8-13.3-507(5),” available at https://law.justia.com/codes/colorado/title-8/labor-i-department-of-labor-and-employment/labor-conditions/article-13-3/part-5/section-8-13-3-507/ (last accessed August 2026); Maine Legislature, “Me. Stat. tit. 26, § 850-F(5),” available at https://legislature.maine.gov/legis/statutes/26/title26sec850-F.html (last accessed August 2026); Virginia Law, “Va. Code § 60.2-806(D)-(E),” available at https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-806/ (last accessed August 2026). For sources showing that self-employed workers pay only the employee share in Colorado, Washington, and Maine, see Justia U.S. Law, “Colo. Rev. Stat. § 8-13.3-507(4)(a),” available at https://law.justia.com/codes/colorado/title-8/labor-i-department-of-labor-and-employment/labor-conditions/article-13-3/part-5/section-8-13-3-507/ (last accessed August 2026); Washington State Legislature, “Wash. Rev. Code § 50A.10.010(1)”; Maine Legislature, “Me. Stat., tit. 26, § 850-F(4).” In Oregon, technically, the statute leaves it to the director’s discretion to set the rate for self-employed people, but via regulation, the director set the self-employed contribution rate at 60 percent of the total rate, which is exactly equal to what employees pay. Oregon Legislature, “Or. Rev. Stat. § 657B.150(6),” available at https://www.oregonlegislature.gov/bills_laws/ors/ors657B.html (last accessed August 2026); Oregon Secretary of State, “Or. Admin. R. 471-070-2030(1),” available at https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=6880 (last accessed August 2026). In Virginia, technically, the self-employed pay only the employer share of contributions, but because the contribution is split equally between employers and employees, this amount is exactly equal to the employee share. Va. Code § 60.2-806(C)-(E). Notably, in all five of these states, smaller employers are exempted from paying the employer share of contributions, so self-employed people are, in effect, treated as if they are the employees of small employers. Oregon Legislature, “Or. Rev. Stat. § 657B.150(4)(a),” available at https://www.oregonlegislature.gov/bills_laws/ors/ors657B.html (last accessed August 2026); Washington State Legislature, “Wash. Rev. Code § 50A.10.030(5)(a),” available at https://app.leg.wa.gov/RCW/default.aspx?cite=50A.10.030 (last accessed August 2026); Justia U.S. Law, “Colo. Rev. Stat. § 8-13.3-507(5)”; Maine Legislature, “Me. Stat., tit. 26, § 850-F(5),” available at https://legislature.maine.gov/legis/statutes/26/title26sec850-F.html (last accessed August 2026); Virginia Law, “Va. Code § 60.2-806(E),” available at https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-806/ (last accessed August 2026).
  35. Connecticut General Assembly, “Conn. Gen. Stat. § 31-49g(b)(1),” available at https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-49g (last accessed August 2026).
  36. The 194th General Court of the Commonwealth of Massachusetts, “Mass. Gen. Laws, title 22, Ch. 175M, section 6(c),” available at https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175M/Section6 (last accessed August 2026); Maryland General Assembly, “Md. Labor and Employment Code Ann. 8.3-601(e),” available at https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gle&section=8.3-601 (last accessed August 2026); Minnesota Legislature, “Minn. Stat. § 268B.14(3),” available at https://www.revisor.mn.gov/statutes/cite/268B.14 (last accessed August 2026). In New York, employees cover the full cost of paid family leave coverage, and self-employed workers pay the same amount. However, employers and employees, at least on paper, split the cost of temporary disability coverage for workers’ own serious health needs, but self-employed people must cover the full cost of coverage. The New York State Senate, “NY Workers’ Comp. Law § 209(3),” available at https://www.nysenate.gov/legislation/laws/WKC/209 (last accessed August 2026); Legal Information Institute, “11 CRR NY 363.6(j),” available at https://www.law.cornell.edu/regulations/new-york/11-NYCRR-363.6 (last accessed August 2026).
  37. Ironically, in three of these states, smaller employers pay either no or a reduced employer contribution, meaning that self-employed workers pay more than they would if they were the sole employee of a business. Ibid.
  38. Council of the District of Columbia, “D.C. Code § 32-541.03(a)-(b),” available at https://code.dccouncil.gov/us/dc/council/code/sections/32-541.03 (last accessed August 2026).
  39. Williamson, “The State of Paid Family and Medical Leave in the U.S.”
  40. In California, self-employed workers need to have paid in for at least four months. California Employment Development Department, “Fact Sheet: Disability Insurance Elective Coverage Program,” available at https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de8714cc.pdf (last accessed August 2026). In Washington, D.C., self-employed workers need to have earned and reported their self-employed income for at least one of the past five completed calendar quarters. DC.gov, “7 DCMR § 3500.1(c)(2)(B),” available at https://dcregs.dc.gov/Common/DCMR/RuleDetail.aspx?RuleId=R0051396 (last accessed August 2026). In Massachusetts, self-employed workers need to have made at least two calendar quarters of contributions and must have earned self-employment income equivalent to the monetary eligibility rule for employees. The 194th General Court of the Commonwealth of Massachusetts, “Mass. Gen. Laws, tit. 22, ch. 175M, §1,” available at https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175M/Section1 (last accessed October 2026); Legal Information Institute, “458 CMR 2.06,” available at https://www.law.cornell.edu/regulations/massachusetts/458-CMR-2-06 (last accessed August 2026). In Minnesota, approved self-employed workers are eligible for benefits on the first day of the first calendar quarter after opting in. Minnesota Legislature, “Minn. Stat. § 268B.11(1)(a),” available at https://www.revisor.mn.gov/statutes/cite/268B.11 (last accessed August 2026). In New York, self-employed workers are eligible for paid family leave benefits 26 weeks after electing coverage, except as described in this issue brief. New York State, “Self-Employed Individuals.” In Oregon, self-employed workers need to have earned at least $1,000 in taxable self-employment income to qualify for benefits; in addition, they need to have been paying in for at least one quarter for reduced benefits and for at least one year for full benefits. Oregon Secretary of State, “Or. Admin. R. 471-070-2005(1),” available at https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=6880 (last accessed August 2026); Paid Leave Oregon, “Self-employed Coverage,” available at https://d1o0i0v5q5lp8h.cloudfront.net/paidleave/live/assets/resources/Paidleave-selfemployed-EN.pdf (last accessed August 2026). In Connecticut, self-employed workers are eligible for benefits after three calendar months have passed since enrollment. Connecticut Paid Leave, “CTPL-010-SPSE(d),” available at https://www.ctpaidleave.org/-/media/ctpl/english-pdfs-and-docs/consolidated-policies-document.pdf?rev=201b5a4190f34537baf1d04276138122 (last accessed August 2026). Because Washington state, unusually, sets eligibility for employees based on hours worked, rather than earnings, the eligibility standard for the self-employed allows the use of an earnings test to approximate the same amount of hours worked following the person opting in. Washington State Legislature, “Wash. Admin. Code § 192-510-030,” available at https://apps.leg.wa.gov/wac/default.aspx?cite=192-510-030 (last accessed August 2026). In Maine, self-employed workers do not need to meet the earnings requirement that applies to employees and their election becomes effective in the following quarter. Maine Legislature, “Me. Stat., tit. 26, § 850-A(9),” available at https://legislature.maine.gov/statutes/26/title26sec850-A.html (last accessed August 2026); Legal Information Institute, “e 702 C.M.R. § XII(2)(a),” available at https://www.law.cornell.edu/regulations/maine/12-702-C-M-R-ch-1-SS-XII (last accessed August 2026). In Colorado, the self-employed must have one quarter of coverage before qualifying for benefits but may be able to designate a coverage period retroactively. Colorado Family and Medical Leave Insurance Program, “Opting in to FAMLI.” will use a similar hours-based eligibility requirement for the employees, but regulations will be needed to clarify how the self-employed will qualify for paid leave following election. Maryland General Assembly, “Md. Code, Lab. & Empl., § 8.3-101(d),” available at https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gle&section=8.3-101 (last accessed October 2026); Maryland General Assembly, “Md. Code, Lab. & Empl. § 8.3-201(c),” available at https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gle&section=8.3-201&enactments=False&archived=False (last accessed August 2026). In Virginia, self-employed workers do not need to meet the earnings requirement that applies to employees, but regulations will be needed to clarify when their election becomes effective. Virginia Law, “Va. Code § 60.2-800,” available at https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-800/ (last accessed August 2026).
  41. In Washington, D.C., workers must opt in during the first open enrollment window for which they are eligible, typically meaning within 60 days of becoming self-employed, to avoid this longer waiting period. Council of the District of Columbia, “D.C. Code § 32-541.05,” available at https://code.dccouncil.gov/us/dc/council/code/sections/32-541.05 (last accessed August 2026); Office of DC Paid Family Leave, “Self-Employed Individuals.” In New York, workers must opt in within 26 weeks of becoming self-employed to avoid the longer waiting period. Legal Information Institute, “11 CRR NY 363.6(j),” available at https://www.law.cornell.edu/regulations/new-york/11-NYCRR-363.6 (last accessed August 2026).
  42. The 194th General Court of the Commonwealth of Massachusetts, “Mass. Gen. Laws, Title 22, ch. 175M, § 2(j),” available at https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175M/Section2 (last accessed August 2026); Washington State Legislature, “Wash. Rev. Code § 50A.10.010(1),” available at https://app.leg.wa.gov/rcw/default.aspx?cite=50A.10.010#:~:text=The%20self%2Demployed%20person%20is,date%20of%20filing%20the%20notice (last accessed August 2026); Maryland General Assembly, “Md. Code, Lab. & Empl. § 8.3-201(c)(1),” available at https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gle&section=8.3-201&enactments=False&archived=False (last accessed August 2026); Oregon Legislature, “Or. Rev. Stat. § 657B.150(6),” available at https://www.oregonlegislature.gov/bills_laws/ors/ors657B.html (last accessed August 2026); Justia U.S. Law, “Colo. Rev. Stat. § 8-13.3-514(1),” available at https://law.justia.com/codes/colorado/title-8/labor-i-department-of-labor-and-employment/labor-conditions/article-13-3/part-5/section-8-13-3-514/ (last accessed August 2026); Connecticut General Assembly, “Conn. Gen. Stat. § 31-49m,” available at https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-49m (last accessed August 2026); Virginia Law, “Va. Code § 60.2-815(A),” available at https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-815/ (last accessed August 2026); Maine Legislature, “Me. Stat., tit. 26, § 850-G(1),” available at https://legislature.maine.gov/legis/statutes/26/title26sec850-G.html (last accessed August 2026). In Minnesota, the commitment is two years, or 104 consecutive calendar weeks. Minnesota Legislature, “Minn. Stat. § 268B.11(1)(a),” available at https://www.revisor.mn.gov/statutes/cite/268B.11 (last accessed August 2026). In Washington, D.C., the three-year minimum commitment applies only to those who did not opt in during the first open enrollment period for which they were eligible. Council of the District of Columbia, “D.C. Code § 32-541.05(a)(2),” available at https://code.dccouncil.gov/us/dc/council/code/sections/32-541.05 (last accessed August 2026); Council of the District of Columbia, “7 DCMR § 3402.7,” available at https://dcregs.dc.gov/Common/DCMR/RuleList.aspx?DownloadFile=%7BA0D8288B-C342-46D2-ABFD-63C9D2A9150F%7D (last accessed August 2026).
  43. California Employment Development Department, “Contribution Rates, Withholding Schedules, and Meals and Lodging Values,” available at https://edd.ca.gov/en/Payroll_Taxes/Rates_and_Withholding#:~:text=SDI%20Rate,for%20each%20employee%20is%20%241%2C378.48 (last accessed August 2026).
  44. California Employment Development Department, “Disability Insurance Elective Coverage Rate Notice and Instructions for Computing Annual Premiums,” available at https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de3dii.pdf (last accessed October 2026). Those whose net profit is less than $4,600 pay a flat rate of $406.64, which may be a higher effective rate than the standard 8.84 percent.
  45. California Unemployment Insurance Code § 708.5(i) limits DIEC benefits for the self-employed to 39 times the worker’s weekly benefit amount. In contrast, for employees, disability benefits can be paid as much as 52 times the worker’s weekly benefit amount. California Legislative Information, “California Unemployment Insurance Code § 2653,” available at https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=UIC&division=1.&title=&part=2.&chapter=2.&article=2 (last accessed August 2026).
  46. Legal Information Institute, “11 CRR-NY 363.6(j).”
  47. Meghan Racklin and Molly Weston Williamson, “The Time Is Now: Building the Paid Family and Medical Leave New Yorkers Need” (New York: A Better Balance, 2025), available at https://www.abetterbalance.org/the-time-is-now/.

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