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.

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

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