Caregivers often face the challenge of balancing work with the responsibilities of providing care to loved ones. Fortunately, two key laws in the U.S. protect caregivers: the Family and Medical Leave Act (FMLA) and Paid Family and Medical Leave (PFML) programs.
More than 25% of workers who take leave do so to care for a family member with a serious health condition. Additionally, about 16% of needed caregiving leaves are for individuals not covered under the FMLA’s narrow definition of “family,” which means some workers don't always have job protection during their leave. Most leaves are short, with 40% lasting two weeks or less and over 75% lasting eight weeks or less.
What is Covered by FMLA?
The FMLA offers eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period. This federal law applies to workers in companies with 50 or more employees and covers caregiving for a seriously ill family member (spouse, child, or parent), the birth or adoption of a child, or the employee’s own serious health condition. FMLA guarantees that workers can return to their job or an equivalent position after their leave.
However, FMLA doesn’t provide paid leave. Additionally, not all employees qualify. Those in smaller companies or who haven’t worked long enough at their current job may not be covered.
What is PFML and How Does It Differ from FMLA?
Paid Family and Medical Leave (PFML) programs, available in certain states, provide a more robust safety net by offering paid leave to caregivers. Currently 13 states and DC have adopted PFML programs that give workers wage replacement while they take time off to care for family members or for their own serious health conditions. These are:
- California
- Colorado
- Connecticut
- Delaware
- Maine
- Massachusetts
- Maryland
- Minnesota
- New Jersey
- New York
- Oregon
- Rhode Island
- Washington
- District of Columbia
Unlike FMLA, PFML programs are funded through payroll contributions from employees. In some cases, employers pay for them. These programs typically provide between 60-90% of the employee’s wages with maximum benefit limits. PFML laws vary by state, but many offer 12 weeks of paid leave, with additional time for pregnancy-related issues in some cases.
What’s Not Covered by FMLA and PFML?
While both FMLA and PFML provide caregiver support, there are limits to what’s covered. Day-to-day caregiving tasks, such as routine medical appointments or occasional childcare needs, usually don’t qualify for FMLA or PFML. FMLA specifically focuses on more serious health conditions or major life events such as the birth of a child.
Eligibility and benefits for PFML vary significantly by state. In California, workers can take paid leave to care for a broad range of family members, including grandparents and siblings, while Massachusetts limits benefits to immediate family members such as spouses and children. New York has expanded its definition of family to include siblings, whereas New Hampshire’s voluntary program covers primarily immediate family.
How to Apply for FMLA or PFML
Applying for FMLA requires you to notify your employer at least 30 days in advance when possible. You must also provide appropriate documentation, such as medical certifications. For PFML, applications are typically processed through a state-run insurance program. The process may include submitting wage documentation to determine benefit levels.
Employer Responsibilities and Compliance
Employers are required to follow FMLA regulations, which include maintaining employees’ health benefits during leave and reinstating them to their previous or an equivalent position.
Under PFML, employers in participating states must contribute to the state’s leave insurance program and often ensure continued health coverage during leave. For example, in California, New York, Washington, Massachusetts, New Jersey, and Colorado, employers must contribute to state-run PFML insurance programs funded through payroll taxes. These contributions cover paid leave benefits.
Wrapping up
Knowing your rights under FMLA and PFML can help you balance caregiving and work more confidently. While each state has its limits, being informed means you can make better decisions about taking time off without putting your job at risk. If you’re unsure about the specifics of your coverage, reach out to your HR department or state resources to plan ahead and protect your work and family life.
