Does the law guarantee paid time off?
No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12week FMLA leave entitlement if the employee is properly notified of the designation when the leave begins.
Other Family Medical Leave Act (FMLA) FAQs
-
What is the purpose of the Family and Medical Leave Act?
The Family and Medical Leave Act of 1993 (FMLA) was created as a way of providing employees with a means of coping with the challenging demands of family and home. It … more -
Which employees are eligible to take FMLA leave?
Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 … more -
What does the federal Family and Medical Leave Act (FMLA) govern?
The Family and Medical Leave Act (FMLA) allows certain employees up to twelve weeks of unpaid, jobprotected leave per year. The FMLA calls for notification … more -
Who is covered by the federal Family and Medical Leave Act?
Only employers that carry 50 or more employees at a worksite, or within 75 miles, are covered by the FMLA. However, for an employee to be eligible, he or she must have … more -
What administrative body may impose remedies for a violation of the federal Family and Medical Leave Act?
The United States Secretary of Labor, through the Wage and Hour Division of the Employment Standards Administration, has administrative jurisdiction. The Department of … more -
How much leave am I entitled to under FMLA?
If you are an "eligible" employee, you are entitled to 12 weeks of leave for certain family and medical reasons during a 12month period. -
How is the 12-month period calculated under FMLA?
Employers may select one of four options for determining the 12month period: the calendar year; any fixed 12month "leave year" such as a fiscal year, a year … more -
Does workers’ compensation leave count against an employee’s FMLA leave entitlement?
It can. FMLA leave and workers' compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and the … more -
Can the employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?
Yes. An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12month period. If the employee has to use some of that leave for another reason, … more -
Can the employer count time on maternity leave or pregnancy disability as FMLA leave?
Yes. Pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition and may be counted … more
Labor and Employment Sub-categories
