Does the FMLA require employers to pay employees on FMLA leave?

No, the FMLA does not require employers to pay employees who are on FMLA leave in California. Under the Family and Medical Leave Act (FMLA), employees can take up to 12 weeks of unpaid leave for a number of different qualifying reasons, including for the birth or adoption of a child, to care for a sick family member, or for their own serious health condition. Employers are not required to pay employees who take FMLA leave, although they may choose to do so. Employers who do choose to pay employees while they are on FMLA leave typically have a policy outlining how they will do so. Some employers may continue to pay employees their full wages while they are on leave, while others may opt to pay a portion of their wages or other types of benefits. Employees should contact their employer to determine their policy on FMLA leave and payment. Additionally, employees in California may be eligible for State Disability Insurance benefits while they are on FMLA leave. These benefits will provide partial wage replacement for a certain period of time, but to be eligible for these benefits, employees must have worked for a certain amount of time and paid into the system. Employees should contact the California Employment Development Department for more information on how to apply.

Related FAQs

Does the FMLA cover military caregiver leave?
Can I use my vacation or sick days while taking FMLA leave?
Does the FMLA cover absences due to severe weather or natural disasters?
Does the FMLA guarantee job protection if an employee needs to care for an ailing family member?
Can I take FMLA leave to care for a seriously ill family member who lives overseas?
How do I file a complaint if my FMLA rights are violated?
Can an employee be required to pay for health benefits while on FMLA leave?
Can I take FMLA leave to care for a newborn or adopted child?
Are there any exemptions to FMLA employee eligibility?
Does the FMLA cover parental leave?

Related Blog Posts

FMLA Law: What You Need to Know About Your Rights - July 31, 2023
Navigating the FMLA Leave Process: A Step-By-Step Guide - August 7, 2023
Employee Eligibility Requirements for FMLA Leave - August 14, 2023
Understanding How FMLA Leave Works in Your State - August 21, 2023
Explanation of Eligible Uses for FMLA Leave - August 28, 2023