Juggling Leave Laws: A Guide to State Leaves & FMLA 

“Wait… how many leaves do we have again?” 

If managing employee leave sometimes feels like you’re juggling, you’re not alone. Between earned state paid sick leave, state paid family and medical leave, and the federal Family and Medical Leave Act (FMLA), even experienced HR and benefits professionals can feel like they’re tracking three different shows at once. 

As more states roll out or expand their own paid leave programs, coordinating those rules with federal guidance gets complex quickly, especially for employers operating in multiple states. 

At Businessolver, we spend a lot of time inside this complexity through our ComplianceDashboard technology. We see firsthand where confusion happens and what information HR teams need most urgently. This guide walks through key concepts, common coordination challenges, and practical steps to help you manage leave more confidently. 

State Paid Leave vs. FMLA: Same Stage, Different Scripts 

First things first, let’s clear up the confusion. While both state paid leave and FMLA deal with employee leave, they’re not one and the same. Think of them as two different tools in your HR employee handbook toolkit. 

The Lowdown on FMLA 

The Family and Medical Leave Act (FMLA) is a federal law that’s been around since 1993. It provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. These reasons include the birth of a child, caring for a sick family member, or dealing with one’s own serious health condition. 

Key FMLA takeaways: 

• It’s Federal: Applies to all 50 states. 
• It’s Unpaid: FMLA guarantees job protection, not a paycheck. 

FMLA Rules:  

• The employer must be a “covered employer” (generally, a private-sector employer with 50 or more employees for at least 20 workweeks in the current or prior year, or a public agency). 

To qualify for FMLA, the employee must: 

• Have worked for the employer for at least 12 months; 
• Have at least 1,250 hours of service in the prior 12 months; and 
• Work at a location where the employer has at least 50 employees within 75 miles. 

The Rise of State Paid Leave 

State paid leave laws are a more recent development. Recognizing that many employees can’t afford to take unpaid time off, several states have created their own programs.  Sometimes, multiple paid leave laws (e.g. paid sick leave and paid family leave). These laws provide paid time off for many of the same reasons as FMLA, but they’re funded and managed at the state level, often through payroll taxes paid by employers and/or employees. 

The big deal about state leaves: 

• They Are Paid: This is the game-changer. Employees receive a portion of their regular wages while on leave. 
• It’s State Specific: The rules, eligibility, and benefit amounts vary wildly from state to state. What works in Colorado won’t necessarily apply in New York. 
• Coverage Can Be Broader: Some state laws cover smaller employers that aren’t subject to FMLA and may have more inclusive definitions of “family member.” 

Coordinating State and Federal Leaves: The Real Challenge 

Here’s where the juggling act really begins. When an employee’s reason for leave qualifies under both FMLA and their state’s paid leave laws, they often run concurrently, or at the same time. This is both an opportunity and a compliance headache—especially since employers have multiple responsibilities to keep track of. 

The Compliance Tightrope 

It’s not just about following the rules; employers carry a bunch of responsibilities under both federal and state laws. First, there’s staying aware—knowing about state paid leave laws (yes, they exist, and yes, they’re always changing!). Beyond that, you’re on the hook for providing required notices to employees, making sure folks know what kinds of leave are available, and keeping them in the loop on their rights and benefits. 

Don’t forget: state paid leave isn’t just about being sick. Many laws may now cover a wider range of situations, including caring for family members, bonding with a new child, mental health needs, and time off related to domestic violence or other critical needs. Some states include leave for things like military family needs or addressing certain emergencies at home. 

If you operate in multiple states, you must master the specifics for each location while also staying compliant with federal FMLA. For example, an employee in Massachusetts might be eligible for up to 26 weeks of combined family and medical leave under the state’s Paid Family and Medical Leave (PFML) law. Meanwhile, FMLA only offers 12 weeks of job protected unpaid leave. Also, Massachusetts also has earned paid sick leave that’s a possibility of tracking three leaves at once. An employer needs to know how to track both entitlements simultaneously and correctly.  Getting it wrong can lead to some serious legal and financial penalties. 

The Employee Awareness Gap 

Let’s be honest: if HR pros find this confusing, imagine how your employees feel. Many workers aren’t even aware that state paid leave benefits exist, let alone how they work with FMLA. They might assume all leave is unpaid or delay taking necessary time off because they’re worried about their finances. 

This lack of awareness means employees might not be taking advantage of benefits they are entitled to and paying for through payroll deductions. It also puts the burden on you, the employer, to educate them. Proactive communication isn’t just nice—it’s necessary for a supportive workplace culture and for ensuring your employees get the support they need. 

Tips for Smooth Coordination: Your Juggling Survival Guide 

Okay, deep breaths. You can master this. Coordinating state and federal leave is all about having a solid process, clear communication, and a proactive mindset. 

1. Get a Handle on Your State’s Laws 

You can’t coordinate what you don’t know. ComplianceDashboard doesn’t just skim the surface; we dig into the details: 

• Eligibility: Who is covered? Do you need to be full-time? How long must you have worked there? 
• Qualifying Reasons: What events trigger eligibility (e.g., bonding with a new child, caring for a sibling)? 
• Benefit Amount & Duration: How much will the employee be paid, and for how long? 
• Notice Requirements: What do employees and employers need to do to apply and report leave?

2. Communicate, Communicate, Communicate 

Don’t wait for an employee to come to you with a leave request. Be proactive! Raise awareness through multiple channels: 

• Onboarding: Make leave policies a standard part of new hire orientation. 
• Annual Reminders: Send out an email or post on your intranet during open enrollment to remind everyone about the available leave benefits. 
• Manager Training: Equip your managers to answer basic questions and direct employees to HR for more detailed guidance. They are your front line. 

The more you talk about these benefits, the more comfortable employees will be using them. 

3. Create a Coordinated Leave Administration Process 

A consistent process is your best friend. Develop a workflow for handling all leave requests that qualify under both federal and state law. This should include: 

• A single intake form: Use one form to gather all the information needed for both FMLA and state leave applications. 
• Clear designation letters: When you approve leave, send a letter that clearly states which entitlements are being used and how they are running concurrently. 

You’ve Got This 

Navigating the intersection of state paid leave and FMLA doesn’t have to feel overwhelming. By staying informed, updating your policies, and communicating clearly, you can build a compliant and supportive leave program. This not only protects your organization but also shows your employees that you care about their well-being, both in and out of the office. And that’s a win-win for everyone. 

ComplianceDashboard is proud to roll out our new earned paid sick leave content because we understand what information you need and how fast you need it.