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

In Washington, the federal Family and Medical Leave Act (FMLA) provides employees with job-protected and unpaid leave of up to twelve weeks in a twelve-month period. The FMLA applies to all employers with fifty or more employees, and also to all public agencies and public and private elementary and secondary schools regardless of the number of employees. When an employee takes FMLA leave in Washington, the employer generally does not have to pay the employee. However, an employer may choose to do so at their discretion. For example, some employers may agree to pay an employee while they are on FMLA leave if they have adequate savings or if they use their paid time off. Additionally, some employers may require an employee to use their accrued paid vacation or leave time when taking FMLA leave. In Washington, employees are protected from being retaliated against for taking FMLA leave. This means that an employer cannot reduce a worker’s wages, hours, or other terms and conditions of employment in response to the employee’s use of FMLA leave. In summary, employers in Washington generally do not have to pay employees while they are on FMLA leave; however, employers may choose to do so or require employees to use their accrued paid leave time. Additionally, employees are protected from retaliation for taking FMLA leave.

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

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