Can employer force me to use FMLA concurrently with PFML?

[u/Gundalf-the-Offwhite]

Employer (state agency) has informed me today, after I have been on PFML for 12 weeks (return to work on Monday) that they are “designating FMLA to run concurrent with PFML.”

I told them I don’t want to. Nor did they give me notice they were going to do this at the start.

Is this legal? It doesn’t feel like it should be.

All information I’ve been reading hasn’t been very clear on this.

[u/ace1062682]

Yes, this is completely standard procedure. FMLA is only job protection and an umbrella under which your PFML runs. The P stands for paid

[u/glitterstickers]

As of 2026, yes, they can. The loophole was closed

[u/SoThenIThought_]

Hi

--- [Disclaimer about periodicity of appearance here] ---

Yes it's me, Connor. Only here seldom and fighting to get more time here. I am the mod and creator and work at the law firm to which I was referring vetted appeal packages or initial eligibility packages. - Connor, nice to meet you. If you need to get me back you'll need to use channels I more commonly use, my work cell and email - see your chat message.

To the issue.

TLDR: The Nomenclature ruins the distinction between a state paid benefit and a federal job protection (that is entitled already under state law)

--- FMLA - Federal --- Family and Medical Leave Act

• Not Paid
• A job protection of limited scope
• AkA FMLA

--- Washington Paid Leave --- Washington Paid Family and Medical Leave aka "Paid Leave"

• aka "PFMLA" for Paid Family Medical Leave

What State law entitles this: https://app.leg.wa.gov/RCW/default.aspx?cite=50A.35.010

Me; To me it looks like you guys are arguing semantics really cuz it doesn't really matter; For your purpose is it really only matters when you run out of money and you would know that cuz you log into the claim all the time. The employer cannot terminate this sort of protection. The state protection effectively runs concurrent and parallel to - or otherwise superseding - the federal protection, so even if one were to be affected the effective value of the protection is almost identical. You really have to get into the weeds on the law to argue that it's not. IANAL

[u/Ok-Definition-5279]

Hey there, also state employee. I am currently on both FMLA and PFMLA. Mine is designated for 480 hours (as I’m sure yours is). It is strange that this was not sent to you prior to your leave start date. As soon as HR had approved mine, I received a letter that my FMLA was approved. Your job at your agency has nothing to do with PFMLA, except for you to be able to do your TAR hours under that designation (when ESD decided to approve it). Question: was yours approved at continuous AND intermittent leave? (For FMLA) that is how mine is. Except I will be out the full 12 weeks so the intermittent use is pretty much null.

[u/Jcarlough]

Yes.

[u/mgmom421020]

Of course they can.

[u/generate-me]

No

[u/TacCityGuy]

Paid medical family leave means you’re paid. Family medical leave of absence protects you in the point you return to a position of the same compensation and responsibility