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

In Washington, the Family and Medical Leave Act (FMLA) does not require employers to pay employees who are on FMLA leave. However, employers can choose to pay employees on FMLA leave if they want to. Employers may be required by their state or federal laws to pay some employees while they are on FMLA leave, such as those receiving unemployment or workers’ compensation benefits. Under the FMLA, employers must allow eligible employees to take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. This includes leave for the birth of a child; to care for a seriously ill family member; for a serious health condition; or for any qualifying exigency related to a family member serving in the military. When employees come back from FMLA leave, the employer must restore them to the same job or an equivalent job with equivalent benefits, pay, and other terms and conditions of employment. An employee may also be entitled to use any accrued paid leave during their FMLA leave. To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months, have worked at least 1,250 hours during the 12-month period immediately before their leave, and must work at a location with at least 50 employees within a 75-mile radius. Please refer to your state or local laws to see if you may be entitled to any additional benefits.

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

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