Paid Family Leave Law FAQs

No. PFL is to be used for a full day. Employees cannot work on a day they request PFL.

Perhaps. Employees cannot use more than 26 weeks of PFL and short term disability during a 52 consecutive week period. For example, if an employee was on short term disability for 20 weeks, and the employee returned and needed PFL, the employee would have 6 weeks remaining in a 52 week period.

An employee cannot be on short term disability and PFL at the same time. When short term disability ends, the employee may begin PFL as a block of time or intermittent within 12 months of the birthdate of a child.

No. Employees cannot use PFL for their own serious medical condition.

If an employee has an event that qualifies for leave under both FMLA and PFL, the leave will run concurrently.

• For example, in 2018, if an employee is eligible to take 12 weeks of leave to care for a family member with a serious health condition, the first 8 weeks will be classified as both PFL and FMLA, and the remaining four weeks will be classified as FMLA.
• If the employee has a qualifying event for FMLA, and a different qualifying event for PFL, (e.g., caring for one’s own medical condition using FMLA and bonding with a child using PFL), the employee may take these leaves at different times.

FMLA is a federal law, whereas PFL is a state law. PFL is paid time off, and FMLA is unpaid. FMLA can be used for an employee’s own serious health condition, where PFL cannot. PFL provides coverage for additional family members that are not eligible under FLMA, including grandparents, grandchildren, and parents-in-law. PFL can be taken intermittently for bonding with a child, where FMLA may be taken intermittently, but not for bonding. PFL must be taken in increments of 1 full day, where FMLA can be taken in 30 minute (for hourly-paid employees) or ½ day increments (for salaried employees).

If the employee is collecting workers’ compensation for a total disability, PFL cannot be taken. If the employee is on a reduced earnings schedule, the employee may still be eligible for PFL.

Spouses with the same employer who want to take PFL at the same time to bond with the same child, care for the same family member, or assist loved ones for the same family member deployed abroad on military service must have their employer’s approval first. Otherwise, the employee and their spouse may take leave at different times.