PFML vs FMLA: What's the Difference?
Last updated: January 2026
The key difference between Minnesota PFML and federal FMLA is that PFML provides paid leave while FMLA is unpaid. Minnesota Paid Family and Medical Leave (PFML) replaces a portion of your wages (up to $1,473/week in 2026), while the Family and Medical Leave Act (FMLA) only guarantees unpaid, job-protected leave. PFML also covers more workers—there's no minimum employer size—while FMLA only applies to employers with 50+ employees. Many workers qualify for both and can use them together.
Minnesota PFML
- Paid leave (up to 90% of wages)
- All employers (no size minimum)
- Up to 20 weeks combined
Federal FMLA
- Unpaid leave (job protection only)
- 50+ employees required
- Up to 12 weeks per year
Side-by-Side Comparison
| Feature | Minnesota PFML | Federal FMLA |
|---|---|---|
| Pay | Paid (up to 90% of wages) | Unpaid |
| Maximum Benefit | $1,473/week (2026) | $0 (unpaid) |
| Employer Size | All employers | 50+ employees within 75 miles |
| Employee Eligibility | $3,500+ in base period wages | 12 months employed, 1,250 hours worked |
| Leave Duration | Up to 20 weeks combined per year | Up to 12 weeks per year |
| Job Protection | Yes | Yes |
| Who Pays | State fund (employer + employee premiums) | No cost (unpaid leave) |
| Where to Apply | pl.mn.gov (state portal) | Your employer's HR |
| Safety Leave | Covered | Not covered |
Qualifying Reasons for Leave
| Reason | PFML | FMLA |
|---|---|---|
| Bonding with new child (birth, adoption, foster) | ||
| Your own serious health condition | ||
| Caring for family member with serious health condition | ||
| Military family qualifying exigency | ||
| Safety leave (domestic violence, stalking, sexual assault) |
Can You Use PFML and FMLA Together?
Yes! If you qualify for both PFML and FMLA, you can use them together. Here's how it works:
- Concurrent use: PFML pays you while FMLA protects your job. You get the best of both.
- Employer may require: Your employer can require PFML and FMLA to run at the same time.
- More protection: Using both gives you federal AND state job protection.
Example: Using Both Together
Sarah works at a company with 100 employees and is having a baby. She qualifies for both PFML and FMLA. She takes 12 weeks of leave. During this time:
- →PFML pays her up to 90% of her wages (up to $1,473/week)
- →FMLA guarantees she can return to her same job
- →Both run at the same time, using up her 12 weeks of each
Which Should You Use?
Use PFML if...
- • You need paid leave (money while you're out)
- • Your employer has fewer than 50 employees (FMLA doesn't apply)
- • You haven't worked 12 months yet (FMLA requires this, PFML doesn't)
- • You need leave for safety reasons (domestic violence)
Use FMLA if...
- • You want federal job protection (in addition to state)
- • You've already used all your PFML benefits this year
- • You qualify (50+ employee company, 12+ months, 1,250 hours)
Use BOTH if...
- • You qualify for both programs
- • You want maximum protection (paid leave + federal job guarantee)
- • This is the recommended approach for most workers
How to Apply for Each
Applying for PFML
- 1.Go to pl.mn.gov
- 2.Create an account or log in
- 3.Complete the application online
- 4.Upload required documentation
- 5.Wait 2-4 weeks for approval
Applying for FMLA
- 1.Notify your employer (HR department)
- 2.Request FMLA paperwork
- 3.Have your doctor complete medical certification
- 4.Submit to employer within 15 days
- 5.Employer has 5 days to respond
There is no state or federal portal for FMLA—it's handled by your employer.
Ready to Apply for PFML?
Use our free tools to prepare your application and estimate your benefits.
Frequently Asked Questions
What is the main difference between PFML and FMLA?
The main difference is that Minnesota PFML provides paid leave (partial wage replacement up to $1,473/week), while federal FMLA only provides unpaid job-protected leave. PFML also covers more workers since there's no minimum employer size requirement, while FMLA only applies to employers with 50+ employees.
Can I use PFML and FMLA at the same time?
Yes, PFML and FMLA can run concurrently if you qualify for both. This means you get paid benefits from PFML while also having FMLA job protection. Your employer may require them to run together, or you may be able to use them separately in some cases.
Do I qualify for FMLA if my employer has fewer than 50 employees?
No, FMLA only applies to employers with 50 or more employees within a 75-mile radius. However, Minnesota PFML has no employer size requirement, so you may still qualify for paid leave even if you don't qualify for FMLA.
Which should I apply for first, PFML or FMLA?
Apply for PFML first through pl.mn.gov to get paid benefits. Then notify your employer about FMLA if you qualify (employer has 50+ employees and you've worked there 12+ months). Your employer's HR department can help coordinate both.
Is PFML job-protected like FMLA?
Yes, Minnesota PFML includes job protection similar to FMLA. Employers cannot retaliate against employees for taking PFML leave, and you're entitled to return to your same or equivalent position. However, FMLA provides additional federal protections if you qualify for both.
How long can I take leave under PFML vs FMLA?
PFML provides up to 12 weeks for family leave and 12 weeks for medical leave (up to 20 weeks combined) per year. FMLA provides up to 12 weeks total per year. If using both concurrently, you get paid PFML benefits during your FMLA-protected leave.
Does PFML cover more reasons for leave than FMLA?
PFML and FMLA cover similar qualifying reasons: bonding with a new child, serious health conditions, caring for family members, and military family needs. PFML also covers safety leave for domestic abuse situations, which FMLA does not explicitly cover.