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Yearly Archives: 2022

For employees, the federal Family and Medical Leave Act (FMLA) is a great benefit. It grants them twelve weeks of job-protected (but unpaid leave) each year for or the birth, adoption or foster placement of a child, the employee’s own serious health condition, or to care for a family member with a serious health condition (on the meaning of serious health condition, see here). For employers, the FMLA is a mixed bag.

For employees, the federal Family and Medical Leave Act (FMLA) is a great benefit. It grants them twelve weeks of job-protected (but unpaid leave) each year for or the birth, adoption or foster placement of a child, the employee’s own serious health condition, or to care for a family member with a serious health condition (on the meaning of serious health condition, see here). For employers, the FMLA is a mixed bag.

Whether leave taken under the federal Family and Medical Leave Act (FMLA) is paid or unpaid is an issue that can confuse employers and employees alike. The FMLA says that leave is unpaid, although employers are required to maintain their contributions to an employee’s health insurance premiums during the leave. But it’s not as simple as that. The FMLA allows accrued paid leave and compensatory time-off (“comp time”) to be substituted for unpaid leave. This turns what would otherwise be unpaid FMLA leave into paid FMLA leave.

Whether leave taken under the federal Family and Medical Leave Act (FMLA) is paid or unpaid is an issue that can confuse employers and employees alike. The FMLA says that leave is unpaid, although employers are required to maintain their contributions to an employee’s health insurance premiums during the leave. But it’s not as simple as that. The FMLA allows accrued paid leave and compensatory time-off (“comp time”) to be substituted for unpaid leave. This turns what would otherwise be unpaid FMLA leave into paid FMLA leave.