Is FMLA Paid? State-by-State Paid Family Leave vs. FMLA

TL;DR: FMLA is unpaid, it provides zero dollars in wage replacement. However, 13 states have paid family leave programs that provide 60-100% of wages during FMLA-qualifying leave. If you live in one of these states, you can get paid during FMLA. If you don't, FMLA leave is entirely unpaid unless your employer offers paid leave or short-term disability. Here's how FMLA and state PFL compare in every state.

"Is FMLA paid?" is the most common question about the Family and Medical Leave Act. The answer is no, but that doesn't mean you can't get paid while on FMLA leave. FMLA and state paid family leave (PFL) are two separate laws that run on two separate tracks, and understanding how they connect is the difference between 12 weeks of unpaid stress and 12 weeks of a real paycheck. Here's how it works in every state, with the exact wage-replacement percentages and weekly caps for all 13 paid-leave states.

FMLA: Unpaid by Design

FMLA was designed as a job-protection law, not a wage-replacement program. When Congress passed it in 1993, the compromise was: we'll protect your job, but we won't make employers pay you. That trade-off is still baked into the federal FMLA statute today, nothing about it has changed since it took effect on August 5, 1993.

FMLA provides:

• Up to 12 weeks of job-protected leave (26 weeks for military caregiver leave)

• Continuation of health insurance on the same terms as if you were working

• Restoration to your same or an equivalent job when you return

FMLA does NOT provide:

• Any wage replacement

• Any government payment

• Any requirement that employers pay you

That last point trips people up. Employers are legally required to hold your job open. They are not legally required (under FMLA) to pay you a single dollar while you're gone. Those are two completely different promises, and only one of them involves money.

FMLA vs. State PFL: Two Different Laws Doing Two Different Jobs

Here's the distinction that actually matters:

FMLA and state PFL aren't competitors. They're not something you choose between. In every state that has both, they run concurrently, the same weeks of leave count against your FMLA entitlement and trigger your PFL wage-replacement benefit at the same time. FMLA is the umbrella that keeps your job safe. PFL is the check that shows up in your bank account underneath it.

States That Pay You During FMLA Leave

Thirteen states have created their own paid family leave programs that provide wage replacement during FMLA-qualifying leave. The numbers below (wage-replacement percentage and maximum weekly benefit) come straight from each state's own program rules.

A few notes on the numbers above, since several states use tiered formulas rather than one flat percentage: California pays 90% of wages for lower earners (roughly $65,120/year and under) and 70% above that, up to the weekly cap. Washington, Colorado, and Maine also blend a higher percentage for lower earners with a reduced percentage above a wage threshold. Rhode Island's "60%" is a commonly used shorthand for a formula based on 4.62% of your highest base-period quarter wages. In every case, the maximum weekly benefit in the table is the hard cap, the most the program will pay regardless of your income.

Maryland deserves a special call-out: it's the newest program on the books, but it isn't paying anyone yet. Maryland HB 102 (2025) delayed both payroll contributions and benefit payments to no earlier than January 1, 2027, possibly as late as 2028. If you live in Maryland today, you're not yet a PFL state for practical purposes, even though the law is on the books.

How it works: FMLA protects your job. State PFL pays you. They run concurrently. You don't choose one or the other, you get both, filed as two separate claims with two separate agencies.

A Real Example: How FMLA and PFL Pay Work Together

Say you live in Washington and you're taking 12 weeks off to bond with a new baby. Here's what actually happens:

1. You notify your employer and request FMLA leave. Your employer must hold your job (or an equivalent one) for those 12 weeks and keep your health coverage active.

2. Separately, you file a claim with Washington's Employment Security Department for Paid Family and Medical Leave.

3. If you qualify, WA PFML pays you 90% of your average weekly wage, up to $1,647 a week, for up to 12 weeks.

4. Your FMLA clock and your PFL clock run on the same 12 weeks, you're not stacking two separate 12-week leaves back to back.

The result: 12 weeks of job protection under FMLA, paid for by a state benefit under WA PFML, filed as two different applications with two different agencies but covering the exact same calendar weeks. That's the pattern in all 13 PFL states, the specific percentage and cap change, but the mechanics don't.

States Where FMLA Is Entirely Unpaid

In the remaining 37 states, FMLA leave is unpaid. You have no legal right to wage replacement unless:

• Your employer offers paid parental leave

• Your employer provides short-term disability insurance

• You use accrued PTO, vacation, or sick leave

• You purchased a private disability insurance policy

The largest states with no paid leave: Texas, Florida, Georgia, Pennsylvania, Ohio, North Carolina, Virginia, Arizona, Tennessee, Indiana, and 27 others. If your state isn't in the 13-state table above, FMLA leave is unpaid by default, full stop, no exceptions written into federal or state law.

How to Get Paid During FMLA in a Non-PFL State

If you don't live in a PFL state, here are your options.

1. Employer-Provided Short-Term Disability

About 40% of private-sector workers have access to employer-provided STD. It typically pays 50-70% of wages for 6-8 weeks (longer for C-sections and complications). STD only covers your own medical condition (including pregnancy recovery) not time off to care for a family member.

2. Employer-Provided Paid Parental Leave

Some employers offer paid leave as a benefit. This is entirely voluntary, no federal or state law requires it outside the 13 PFL states. Check your employee handbook, and ask HR directly whether "paid leave" in your policy runs concurrently with FMLA or on top of it.

3. Accrued PTO and Sick Leave

Your employer can require you to use accrued paid leave during FMLA, this is called "substitution" under the FMLA regulations. If you have 3 weeks of PTO banked, that's 3 weeks of pay layered on top of your unpaid FMLA weeks, not an extra 3 weeks tacked onto your 12.

4. Private Disability Insurance

You can purchase a private short-term disability policy. Premiums typically cost 1-3% of your annual income. You must purchase the policy before you become pregnant, pregnancy is treated as a pre-existing condition if you're already pregnant when you apply, and the claim will be denied.

Frequently Asked Questions

Is FMLA paid leave?

No. FMLA is unpaid, job-protected leave. It provides zero dollars in wage replacement. However, you may qualify for pay through state PFL, short-term disability, or employer benefits that run alongside it.

Which states pay you during FMLA?

13 states: California, New York, New Jersey, Washington, Massachusetts, Connecticut, Oregon, Colorado, Rhode Island, Minnesota, Delaware, Maine, and Maryland (Maryland's benefits don't begin until 2027, so it isn't paying claims yet).

Why is FMLA unpaid if it's a federal law?

Congress structured FMLA in 1993 as a job-protection guarantee, not an insurance program. Paying wage replacement would have required a funding mechanism (like the payroll taxes that fund state PFL programs) and that wasn't part of the original bill. States have since built their own paid programs to fill the gap federal law left open.

Can I get unemployment during FMLA?

Generally no. Unemployment requires you to be able and available to work. If you're on FMLA for your own health condition, you're not able to work. If you're caring for a family member, you're choosing not to work. Either way, you typically won't qualify for unemployment benefits during FMLA leave.

Does FMLA pay for maternity leave?

No. FMLA provides up to 12 weeks of unpaid leave for maternity, bonding, or your own pregnancy-related medical recovery. You can get paid through state PFL, short-term disability, employer-provided paid parental leave, or accrued PTO. FMLA itself contributes nothing financially.

How do I get paid during FMLA?

File a claim with your state's PFL program if you live in one of the 13 PFL states, file a short-term disability claim with your employer's insurance carrier, use accrued PTO under your employer's substitution policy, or rely on employer-provided paid leave if your handbook offers it.

Do FMLA and state PFL use the same application?

No. FMLA is requested through your employer's HR department using DOL-approved medical certification forms. State PFL is a separate claim filed directly with your state's PFL agency, for example, the EDD in California or the Employment Security Department in Washington. You typically need to file both.

Does my employer have to tell me if my state has paid family leave?

Most PFL states require employers to post a notice about the program and, in some cases, notify new employees individually. But employers don't always get this right. If you live in one of the 13 PFL states, don't wait for HR to bring it up, file your claim directly with the state agency.

What happens if I live in a PFL state but my employer is too small for FMLA?

You may still qualify for state PFL benefits even if your employer is too small to trigger federal FMLA job protection. Several state programs, including Massachusetts, Connecticut, Oregon, Colorado, and Minnesota, extend PFL wage benefits to employers with as few as one employee, even though federal FMLA only applies at companies with 50 or more employees within 75 miles.

Is FMLA pay taxed?

FMLA itself pays nothing, so there's no FMLA income to tax. State PFL benefits, however, are generally treated as taxable income for federal purposes, and some states tax them too. Check with your state PFL agency and a tax professional for your specific situation.

Can I use FMLA and PFL for the same reason?

Yes. That's the whole point of how the two laws interact. If you qualify for both, the same qualifying reason (a new child, your own serious health condition, caring for a family member) triggers both your FMLA job protection and your state PFL wage benefit, and both run on the same calendar weeks.

What if my state's PFL benefit runs out before my FMLA leave does?

FMLA can entitle you to more weeks than your state PFL program pays for. For example, Rhode Island and California PFL only pay for 8 weeks, but FMLA protects your job for up to 12. In that gap, your job stays protected under FMLA, but you won't receive a PFL check for the remaining weeks unless you have PTO, STD, or other coverage to fall back on.

Key Takeaways

• FMLA is unpaid, it protects your job, not your income

• 13 states offer paid leave , 60-100% of wages, with weekly caps ranging from $900 to $1,765

• Maryland's program exists on paper but isn't paying claims until 2027

• 37 states offer nothing. FMLA is entirely unpaid there

• STD, PTO, and employer leave can provide pay in non-PFL states

• FMLA and PFL run concurrently, you file two separate claims but get both job protection and pay for the same weeks

• Check your state's PFL program, you may have benefits you don't know about

Related Resources

• FMLA overview: eligibility, weeks, and how it works

• FMLA pay: a deeper look at every way to get paid during leave

• State-by-state paid family leave programs

• Compare FMLA and state leave laws in your state

• Check your FMLA eligibility