FMLA vs Paid Family Leave: What's the Difference?

Introduction

If you're planning to take time off for a new baby, a sick family member, or your own health, you've probably heard about both FMLA and "paid family leave." But they're not the same thing—and understanding the difference can save you money and protect your job.

FMLA: Job Protection, Not Pay

The **Family and Medical Leave Act (FMLA)** is a federal law that guarantees eligible employees:

• Up to **12 weeks of unpaid leave** per year
• **Job protection** (your position or an equivalent one)
• **Continued health insurance** coverage during leave

**What FMLA doesn't provide:** A paycheck. Your leave is unpaid unless you use accrued PTO or your employer chooses to pay you.

Paid Family Leave: Wage Replacement

**Paid Family Leave (PFL)** programs are state-run insurance programs that replace a portion of your wages while you're on leave. As of 2024, these states have mandatory PFL:

| State | Wage Replacement | Duration | |-------|------------------|----------| | California | 60-70% | Up to 8 weeks | | New York | 67% | Up to 12 weeks | | New Jersey | 85% | Up to 12 weeks | | Washington | 90% (up to cap) | Up to 12 weeks | | Massachusetts | 80% | Up to 12 weeks | | Colorado | 90% | Up to 12 weeks | | Oregon | 100% (up to cap) | Up to 12 weeks |

**What PFL doesn't guarantee:** Job protection. That's why you often need **both** FMLA and PFL.

How to Use Them Together

In most cases, FMLA and PFL run **concurrently** (at the same time). Here's how it works:

1. You apply for FMLA through your employer (job protection) 2. You apply for PFL through your state's program (wage replacement) 3. Your 12 weeks of leave counts toward both programs simultaneously

**Example:** You take 8 weeks of maternity leave. During those 8 weeks: - FMLA protects your job (8 of your 12 weeks used) - PFL pays you 67% of your wages

Key Differences at a Glance

| Feature | FMLA | State PFL | |---------|------|----------| | Pay | Unpaid | Partial wage replacement | | Job Protection | Yes | Usually no | | Federal/State | Federal | State-specific | | Employer Size | 50+ employees | Varies by state | | Funding | N/A | Payroll tax |

Conclusion

FMLA and paid family leave serve different purposes. FMLA protects your job; PFL puts money in your pocket. If both are available to you, use them together for the best protection.

**Check your state:** Visit our [State Leave Laws](/states) page to see what's available where you live.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*