FAQ on Paid Family Leave

Paid family leave is a state law passed to lengthen compensation for disability for individuals who must take time off from work to care for a seriously ill member of the family. Some confuse the Family Medical Leave Act, a federal law, with paid family leave, which is only in effect for some states. As of April 1, 2009 Washington, California and New Jersey offered paid family leave, according to Parents for Paid Leave.

What is the Difference Between the Family Medical Leave Act (FMLA) and Paid Family Leave (PFL)?

• FMLA does not require an employee contribution, but Paid Family Leave requires employees to be a participant in a state disability insurance program or any other insurance plan that is participated in on a voluntary basis, according to Difference Between Net. In addition, Paid Family Leave guarantees a paycheck during time off whereas FMLA guarantees time off when you need it, but does not mandate payment during the leave period.

How is Paid Family Leave Funded?

• PFL funding is based on an employee's contribution to the State Disability Insurance Fund. In California, for example, the contribution is 8 percent of an employee's pay, according to Difference Between Net.

Who is Eligible for Paid Family Leave?

• One of the key requirements for eligibility is whether an employee has paid into the State Disability Insurance Plan. Self-employed individuals, government employees and employees of small businesses are all eligible provided they make payments, according to the California Employment Development Department.

  Individuals are not eligible for Paid Family Leave if they receive State Disability Insurance, Unemployment Compensation or Workers Compensation. Also not eligible are those in custody because of a crime conviction, according to Stanford University Benefits.

Must All Paid Family Leave Benefits Be Taken at the Same Time?

• No, there is no minimum time period for an employee to take advantage of this benefit.

Is There a Waiting Period Before One Can Take Paid Family Leave?

• In all states where paid family leave is offered, the waiting period is a seven day non-payable period; however, according to Paid Family Leave, a company can require an individual to use accrued vacation or sick time before getting paid family leave.

How Quickly Will Paid Family Leave Benefits be Provided?

• In all states where paid family leave is offered, those who file for paid family leave will receive benefits within two weeks after an insurance claim is filed, assuming paperwork is completed correctly.