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

No, the Family and Medical Leave Act (FMLA) does not require employers in New Hampshire to pay employees on FMLA leave. Under FMLA, employers are obligated to provide 12 weeks of unpaid leave for employees who qualify under the FMLA. Qualification is based on the size of the employer and the amount of time the employee has worked for the employer. Employees who qualify for FMLA leave can take up to 12 weeks of unpaid leave for specific reasons, such as medical or family issues, or for active duty military service. Employees who take FMLA leave are entitled to have their employer-sponsored health insurance benefits continued while they are on leave. Employers must also reinstate employees to their same or an equivalent position upon returning from leave. However, employers are not obligated to continue paying employees during their FMLA leave. Employees may be able to receive some compensation during their FMLA leave through their employer’s paid leave, disability, or other leave policies. Additionally, employees may be eligible for state or federal programs that provide temporary income assistance while they are on FMLA leave. Employers should provide information and resources to employees who need to take FMLA leave.

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