FMLA vs. PFML — What You Need to Know

Recently in our work, we’ve met and had conversations with many North Dakotans who have questions about Paid Family and Medical Leave (PFML) and how it differs from the Family and Medical Leave Act (FMLA). How are they different? Can a person qualify for both? Is PFML even an option for working professionals in North Dakota?

Here, we walk you through some of the key differences between the two laws.

Family and Medical Leave Act (FMLA)

FMLA is a federal law that applies to all states in the U.S. and provides certain employees with up to 12 weeks of unpaid, job-protected leave each year. Employees are eligible for FMLA if the company they work for employs 50 or more employees within 75 miles. They must have worked for the company for at least 12 months and worked at least 1,250 hours over the last 12 months.

Employees qualify for this kind of unpaid leave when they welcome a newborn biological child or when they adopt or have a child placed with them in foster care. FMLA also comes into play when an employee must care for an immediate family member with a serious health condition, or when the employee is otherwise unable to work due to their own health condition. 

Paid Family and Medical Leave (PFML)

In contrast, PFML is a state-run program that has only been enacted and/or implemented in a handful of U.S. states. Each state varies in terms of the program offerings and protections, but PFML generally gives employees between 6 and 12 weeks of paid leave per year for family or medical reasons. This leave may also be job-protected. Eligibility also varies, but you are generally eligible for paid leave if you work in the state and earn a minimum amount of income. 

How They’re Different 

PFML and FMLA cover similar situations but are completely separate laws and offer very different benefits. The biggest difference is that PFML offers paid leave, whereas FMLA is entirely unpaid. PFML also has fewer eligibility requirements, and employers who may be exempt from providing FMLA due to their company size or other exemptions may still be subject to PFML laws depending on the state.

In states where PFML has been implemented, employees may qualify for both PFML and FMLA. Employers can require that any leave taken under PFML run concurrently with leave taken for the same purpose under FMLA; however, this means some of that unpaid FMLA leave is technically “paid” under PFML. 

Does North Dakota Have PFML? 

No. As of right now, North Dakota is not one of the U.S. states where a PFML policy has been put in place. 

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