New Paid Leave Laws Affecting Surrogates in 2024-2025: What You Need to Know

Both surrogates and intended parents engaged in surrogacy journeys should know about paid family leave in their state. Paid Family Leave (PFL) laws can reduce the financial burden on intended parents when surrogates experience pregnancy-related conditions that prevent them from working. Additionally, intended parents can utilize paid family leave programs to bond with their newborn children.

We recommend consulting with your surrogacy lawyer about how these laws can be incorporated into your surrogacy contract. Here is a summary of new PFL laws coming into effect in 2025:

State	Effective Date	Changes/Benefits
California	January 1, 2025	Increased Paid Family Leave (PFL) and Disability Insurance (DI) benefits Applications for PFL and DI can be submitted 30 days before anticipated leave. Employers cannot require employees to use vacation time before accessing PFL benefits. Mandatory paid sick leave increases from three to five days annually.
Maine	Contributions Begin: January 2025; Benefits Available: May 2026	Up to 12 weeks of paid leave within a 12-month period. Coverage for pregnancy-related conditions. Income replacement based on average weekly wage, with higher rates for lower earners. Retaliation against employees using PFML is prohibited
Massachusetts	January 1, 2025	Maximum weekly PFML benefit is increased to $1,170.64. Employees can supplement PFML benefits with accrued paid leave. Strong job protection provisions remain.
Connecticut	January 1, 2025	Broaden eligibility criteria for employees and family members, qualifying reasons for leave, and accrual rates​ Accrual: 1 hour for every 30 hours worked. Can carry over up to 40 hours of unused sick leave annually. Eligibility for paid leave begins by the 120th day of employment.
Michigan	February 21, 2025	The Earned Sick Time Act (ESTA) enhances protections for Michigan workers, making paid sick leave more accessible Accrual: 1 hour for every 30 hours worked. Up to 72 hours leave annually (40 hours paid plus 32 hours unpaid for smaller employers). Leave covers personal or family illness, injury, or health condition, and preventative care.
Washington	January 1, 2025	Expansion of family member definitions for leave coverage. Comprehensive paid medical leave program remains, including pregnancy and childbirth recovery. Additional leave for pregnancy complications. Job protection during leave periods.
Oregon	January 1, 2025	Applies to employers with more than 25 employees:  Eligible for up to 12 weeks of paid benefits annually, with an additional 2 weeks for pregnancy-related conditions. Family leave for bonding or caring for a family member Safe leave for domestic violence or harassment, and  Leave for legal processes relating to foster child placement or adoption

Remember that these laws are just the ones from 2025, some states have existing laws that provide PFL for pregnancy disability or care of a family member. They also represent minimum requirements, and some employers may offer more generous leave benefits. Always check with your employer and surrogacy agency about specific policies and protections available to you. 

If you have any questions about how these new paid leave laws may impact you as a surrogate or an intended parent, please contact a qualified surrogacy lawyer. Attorney Ralph Tsong has spent over a decade practicing employment law and understanding the highly technical aspects of family leave law. He now applies that knowledge to help intended parents and surrogates understand how leave law can benefit them.

Contact us today to ensure you're fully informed about and protected under the latest regulations.