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

The Family and Medical Leave Act (FMLA) requires certain employers to provide their employees with job-protected and unpaid leave for certain medical and family reasons. In Virginia, employees are entitled to a minimum of 12 weeks of FMLA leave in a 12-month period for qualifying reasons. It is important to note that employers do not have to pay employees for their leave, unless the employer has a separate policy that provides for paid leave. The FMLA does not change any existing leave or vacation policies an employer may have. Therefore, if an employer has an established policy that provides paid leave for certain reasons, the employee may be entitled to receive paid leave during their FMLA leave. In addition, employers may opt to voluntarily provide employees with paid leave for FMLA purposes, but are not required to do so by law. In some cases, an employer can require an employee to use accrued paid leave, such as vacation or sick days, while taking FMLA leave. An employer can also require the employee to substitute any accrued paid leave for unpaid FMLA leave, as long as the employer informs the employee that they are able to do so. In summary, while employers are not required to pay an employee during their FMLA leave, they may be able to receive paid leave due to their employer’s existing leave policies or if the employer decides to provide paid leave for FMLA purposes. Employees may also be able to use accrued paid leave during their FMLA leave.

Related FAQs

Does the FMLA require employers to hold a job for an employee on FMLA leave?
When can I request FMLA leave?
What rights do employees have if their FMLA-protected leave is denied?
Does an employee's job status affect his/her eligibility for FMLA leave?
Can I take FMLA leave to care for a family member if the family member is not the employee's parent, spouse, or child?
How does the FMLA affect an employee's eligibility for benefits?
Can an employer deny an employee's request to take FMLA leave?
Do I have to take FMLA leave in one continuous block?
Can I take FMLA leave for my own medical appointment?
Does the FMLA cover military caregiver leave?

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