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FMLA and PFML

What happens if an employee applies for both FMLA and PFML and they are approved for PFML but not for FMLA? Does this make a difference?

No. It does not make a difference.

PFML is a statewide program that has a different qualification criteria than FMLA. PFML also expands the family members who are covered by this benefit. It is possible for an employee to be approved for PFML and not qualify for FMLA.

Does FMLA run concurrently with PFML?

It depends on the circumstances. Generally if the employee qualifies for FMLA for a condition that also qualifies under PFML, then PFML and FMLA will run concurrently. Remember that it’s the employee’s choice as to whether to apply for PFML benefits. In some situations, FMLA may already be exhausted and PFML may be running on its own. Because the answer is fact-specific, please contact your labor and personnel AAG for advice.

Does PFML replace FMLA?

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