Does my employer have to pay me while I'm on FMLA leave?

Families Medical Leave Act (FMLA) leave allows employees to take up to 12 weeks of unpaid job-protected leave each year in California. During this leave, employers are required by law to keep an employee’s job open and provide health insurance coverage. However, employers are not required to pay employees during FMLA leave. Not all employers are required by state or federal law to pay employees while they take FMLA leave. Whether or not an employer pays their employees while they take FMLA leave depends on the employer’s policies. Some employers might choose to pay employees while they are on FMLA leave, but there is no legal obligation for them to do so. Employees may use other sources of income to help them get through the leave period. This could include state or federal disability benefits, paid time off, vacation time, or short-term disability insurance. It is important for employers to be aware of FMLA law so that they can decide whether or not to pay an employee during their leave. Employees in California are entitled to take up to 12 weeks of job-protected leave each year under the FMLA. During this time, the employer must keep the employee’s job open and maintain their health insurance coverage. Whether or not the employer pays the employee during the leave period is up to the employer and their policies.

Related FAQs

Does the FMLA protect employees from being fired while on FMLA leave?
Does the FMLA cover self-care or preventive care leave?
What if my employer retaliates against me for taking FMLA leave?
Are there any restrictions on how much FMLA leave I can take in a 12-month period?
Does the FMLA require employers to continue to make benefits available to employees on FMLA leave?
Can FMLA leave be taken on an intermittent basis?
Can an employee take FMLA leave for a family member's medical appointment?
What types of family members are covered by the FMLA?
Can I take FMLA leave if I am pregnant?
Do I have to take FMLA leave in one continuous block?

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