FMLA vs PFL: The DBL Center explores the differences
Since New York introduced Paid Family Leave, there has been a lot of confusion. Brokers, HR directors, employers and employees are just beginning to understand what PFL means and who it will affect.
One point of confusion: Many people believe the Family and Medical Leave Act (FMLA), the federal law put into place during the Obama administration, is the same as New York’s PFL.
In fact, the two are loosely related, and can be applied in conjunction with each other.
But they are not the same thing.
FMLA vs PFL: What Is The Difference?
For starters, FMLA is a federal level law, while PFL provides benefits to employees at the state level.
The key difference in FMLA vs PFL is that FMLA is not a paid leave. It offers no compensation to employees taking time off. PFL in New York, on the other hand, provides both job protection and income for employees on leave.
Read on as The DBL Center, your expert in Paid Family Leave in the New York Tri-State area, explains more you should know about FMLA vs PFL.
What Is the Family and Medical Leave Act (FMLA)?
The Family Medical Leave Act was signed into law by the federal government to protect the jobs of employees who have to take time off for medical reasons of their own or to care for a sick or disabled family member.
When the employee returns from leave, the employer must be able to provide that employee with the same position they had before or one that is equivalent in pay, benefits, and status. While the employee is out on leave, the employer must also maintain their benefits at the same level as when they were working.
FMLA vs PFL: Who Can Make a Claim?
FMLA legislation applies to people who take medical leave for themselves or take time off to care for a loved one.
On the other hand, Paid Family Leave applies only to employees taking time off to care for family members. Employees can make a PFL claim to take time off to care for ill or disabled family members, infants, adopted or foster children within the first year of care, or any family member while a spouse in the military has been deployed.
Employees who are ill or injured, themselves, would need to file a DBL claim in New York to receive income while they cannot work. They are not eligible for PFL. However, the employee’s job would be protected on the federal level by FMLA if they meet the other requirements, such as total number of hours worked for that employer.
Eligibility Requirements for FMLA vs PFL
FMLA applies to companies with 50+ employees. PFL is available to any eligible employee working for a business with one or more employees. This makes PFL available to more New Yorkers than FMLA.
The employment requirements for PFL are also less stringent. Employees working 20+ hours per week must have worked for 26 consecutive weeks at their current, covered employer to make a PFL claim. Part-time employees who work less than 20 hours per week must have worked at least 175 days for their current employer.
On the other hand, employees must have worked at least 1,250 hours each month for the past 12 months at their current employer to qualify for job protection under FMLA.
FMLA vs PFL: Other Important Differences
There are a few other differences in FMLA vs PFL, such as how the federal government and the state government define family. For instance, the FMLA does not protect the jobs of employees who take time off to care for an in-law. Employees would make a PFL claim, instead, for income and job protection.
The rules of FMLA vs PFL also differ slightly for members of the military and their spouses.
Finally, the federal government offers FMLA time off in increments of 15 minutes, while employees make a PFL claim for time in days, which will gradually increase to a maximum of six weeks by 2021.
NJ Family Leave Act: What Is It?
To further complicate things, if you live in the New York tri-State area, you may also have heard of the New Jersey Family Leave Act. Where does NJ FLA fit in?
New Jersey’s FLA, similarly to the federal FMLA program, does not provide New Jersey workers with paid leave. It only offers job protection to those employees. New Jersey employees would make a TDB (Temporary Disability Benefits) claim to receive income if they are unable to work due to medical reasons.
Similar to PFL in NY, the FLA is broader than the FMLA in its definition of “parents.” New Jersey employees can take time off to care for in-laws, step-parents, foster parents, adoptive parents, or anyone with a parent-child relationship with the employee.
Putting It All Together
New York’s new PFL coverage puts our home state on the cutting edge of protecting and providing for employees caring for family members. It exceeds FMLA coverage in many ways, including a broader scope and paid benefits for claimants.
However, the FMLA was an important stepping stone toward PFL adoption. It is also important to protect employees in other states, who may not have access to PFL benefits to protect their jobs and provide them with a living wage during leave.
As a broker, it’s important to understand the difference in FMLA vs PFL. If your customers ask, you want to be prepared with the right answers. Presenting yourself as an expert in PFL coverage will help you gain the trust of your customers and pave the way to referrals and increased profits through the sale of enriched DBL and ancillary benefits.
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