Employers have to navigate complex state, local, and federal laws pertaining to paid family medical leave (PFML) and the federal Family and Medical Leave Act (FMLA). These laws intersect and often overlap, leading to issues such as handling time off that qualifies under both state PFML laws and FMLA. On January 14, 2025, the U.S. Department of Labor’s Wage and Hour Division (WHD) stated that employers can’t force employees to use employer-provided paid time off like vacation time when the employee is on leave under the FMLA and getting paid under a state or local PFML program.

There are thirteen states and the District of Columbia with mandatory PFML programs, and more states are contemplating similar legislation. These programs provide income replacement for a specific number of weeks from a state fund for employees absent from work for certain family and medical reasons. These might include the birth of a child or a serious health condition of the employee. State and local PFML laws differ significantly in their payment and eligibility structures. Still, many employees eligible for leave and benefits under a state program are also entitled to unpaid leave under the FMLA.

The DOL opined that while state and local PFML programs are not directly addressed in the FMLA regulations, the same principles apply to them as those that apply to employees that receive payments on FMLA from workers’ compensation insurance programs or disability plans. Employees taking leave under FMLA and receiving payments under a disability plan or worker’s compensation program cannot be required by the employer to use accrued employer-provided paid time off.

Understanding these labor rules and navigating the benefits process can be complex for both employers and employees. For concerns related to California’s program, knowing how to reach an agent at EDD is essential. This can be done in various ways, one of which is through the website eddcaller.com, which provides relevant information and means of contact for the Employment Development Department. This platform helps streamline communication between employees and EDD representatives, ensuring smoother and more efficient handling of concerns related to paid family leave and other labor benefits.