Do You Get Paid On FMLA In CA?

When it comes to taking time off work for various family and medical reasons, employees often have questions about their rights and compensation. One common question that arises is whether employees get paid while on Family and Medical Leave Act (FMLA) in California.

Family and Medical Leave Act (FMLA)

The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave each year for certain family and medical reasons. This law is designed to protect employees’ jobs and health benefits while they are on leave for qualifying events such as the birth of a child, caring for a family member with a serious health condition, or dealing with their own serious health condition.

Payment During FMLA Leave

It’s important to note that FMLA leave is unpaid. This means that employees are not entitled to receive their regular salary or wages from their employer while they are on FMLA leave. However, employees may be able to use any accrued paid time off, such as vacation or sick days, during their FMLA leave to continue receiving payment.

California’s Paid Family Leave Program

While the FMLA provides job protection for eligible employees, California has its own program called Paid Family Leave (PFL) that provides partial wage replacement to employees who need time off to bond with a new child or to care for a seriously ill family member.

Eligibility for Paid Family Leave in California

Employees in California may be eligible for Paid Family Leave benefits if they have taken time off work to care for a seriously ill family member or to bond with a new child within the last 18 months. To qualify, employees must have paid into the State Disability Insurance (SDI) program through automatic payroll deductions.

Combining FMLA and PFL

It’s important to understand that employees in California may be able to take both FMLA leave and Paid Family Leave concurrently. This means that employees who are eligible for both programs may be able to receive partial wage replacement through PFL while they are on FMLA leave.

Employer Policies and Benefits

Employers in California may have specific policies and benefits that affect employees’ leave and payment options. It’s important for employees to review their employer’s policies and discuss their options with the HR department to fully understand their rights and benefits while on leave.

Seeking Legal Advice

If you have questions about your rights to paid leave or wage replacement while on FMLA in California, it may be advisable to seek legal advice from an employment attorney who can provide guidance based on your specific circumstances.

Do You Get Paid On FMLA In CA?

Conclusion

In conclusion, FMLA leave in California is unpaid, but employees may have options for receiving partial wage replacement through the state’s Paid Family Leave program. Understanding your rights and benefits while on leave is crucial, and seeking legal advice can help clarify any questions or concerns you may have.

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Nancy Sherman

Nancy Sherman has more than a decade of experience in education and is passionate about helping schools, teachers, and students succeed. She began her career as a Teaching Fellow in NY where she worked with educators to develop their instructional practice. Since then she held diverse roles in the field including Educational Researcher, Academic Director for a non-profit foundation, Curriculum Expert and Coach, while also serving on boards of directors for multiple organizations. She is trained in Project-Based Learning, Capstone Design (PBL), Competency-Based Evaluation (CBE) and Social Emotional Learning Development (SELD).