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Does PFML replace FMLA?

Answer

No. PFML and FMLA are separate entitlements and should be treated differently.

  • PFML is a statewide insurance program that provides wage replacement, along with job protections, similar to FMLA (if eligible).
  • FMLA is a federal entitlement providing job protections and insurance maintenance for employees who qualify. FMLA is unpaid, although employees may choose to use their paid leave to substitute for the unpaid absence.
  • The use of FMLA does not diminish the benefit available in PFML.
  • The employer cannot interfere with, restrain or deny an employee’s use of PFML.