FMLA vs. Paid Leave: What’s the Difference?

Taking time off from work for personal or family health reasons can be essential—but understanding your rights under different leave laws can be confusing. Two commonly referenced programs are the Family and Medical Leave Act (FMLA) and Paid Family Leave (PFL). While they often apply to similar situations, the differences between them matter. Knowing how each program works can help employees make informed decisions about their leave options.

What Is FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave each year. It applies in situations such as the birth or adoption of a child, a serious health condition affecting the employee or a close family member, and certain military-related circumstances. While the leave is unpaid, FMLA requires that group health insurance coverage be maintained during the leave period.

To qualify, an employee must have worked for a covered employer for at least 12 months, logged at least 1,250 hours during the prior year, and worked at a location with at least 50 employees within a 75-mile radius. Importantly, FMLA guarantees job protection—employees must be reinstated to the same or an equivalent position once their leave ends.

What Is Paid Family Leave?

Paid Family Leave (PFL) refers to state-level programs that provide income replacement when an employee needs time off for family-related reasons. These reasons often overlap with those covered by FMLA, including caring for a newborn, bonding with a child, or caring for a seriously ill family member. In some states, PFL can also be used for issues related to domestic violence or other personal safety concerns.

In New Jersey, the state’s Paid Family Leave program allows eligible employees to receive partial pay for up to 12 weeks while on leave. It is funded through payroll deductions and administered by the state’s temporary disability insurance system. However, the state’s PFL law does not automatically guarantee job protection unless the leave also qualifies under the FMLA or New Jersey Family Leave Act (NJFLA).

How Are FMLA and Paid Leave Different?

The most important difference between FMLA and Paid Family Leave is compensation. FMLA does not provide pay, while PFL offers wage replacement for qualifying employees. FMLA is a federal law with consistent standards nationwide. PFL, by contrast, varies by state—some states offer it, and others do not, with different eligibility rules, benefit amounts, and covered reasons.

Another key difference lies in job protection. FMLA ensures that employees can return to their jobs once their leave ends. PFL does not always guarantee the same protection unless the leave is taken concurrently with FMLA or NJFLA.

Can FMLA and Paid Leave Be Used at the Same Time?

In many cases, FMLA and PFL can run concurrently. For example, an employee in New Jersey taking leave to care for a newborn might be eligible for paid benefits under the state program while receiving job protection through the FMLA. If both laws apply, the time taken off typically counts toward the 12-week FMLA entitlement.

However, employers must notify employees when leave is being designated as FMLA leave. Employees should also apply separately to the state for PFL benefits. Coordinating these programs requires clear communication between the employee, employer, and the state agency.

What Is the New Jersey Family Leave Act?

In addition to FMLA and Paid Family Leave, New Jersey also has its own Family Leave Act (NJFLA). NJFLA provides up to 12 weeks of job-protected leave in a 24-month period, specifically for bonding with a child or caring for a seriously ill family member. Unlike FMLA, NJFLA does not cover an employee’s own health condition.

NJFLA applies to employers with at least 30 employees, expanding access to job protection beyond FMLA’s 50-employee threshold. This means that some New Jersey workers not eligible under FMLA may still qualify for job-protected leave under NJFLA.

What Should Employees Know When Planning Leave?

Employees should review federal and state leave laws to understand how they interact. It’s important to confirm whether the leave qualifies under FMLA, NJFLA, or the state’s Paid Family Leave program. Some employers may also require employees to use paid time off, such as vacation or sick days, during leave.

Applying for PFL typically involves submitting forms to the state, while FMLA and NJFLA requests go through the employer. Because job protection and income replacement come from different sources, planning ahead helps avoid delays and confusion.

South Jersey FMLA Lawyers at The Gold Law Firm P.C. Helps Protect the Rights of Employees

For help navigating these laws or addressing a dispute over leave, the South Jersey FMLA lawyers at The Gold Law Firm P.C. can provide legal guidance tailored to your situation. Call us today at 215-569-1999 or fill out our online form for a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we proudly serve clients in South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.