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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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How do you get paid on FMLA

Customer Question

How do you get paid on FMLA
Submitted: 8 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 8 months ago.

Thank you for using Just Answer. I look forward to assisting you.

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 vacation leave, paid sick or family leave for some or all of the FMLA leave period. An employee must follow the employer’s normal leave rules in order to substitute paid leave. When paid leave is used for an FMLA-covered reason, the leave is FMLA-protected.

If you need clarification or additional information, please reply, and I'll be happy to assist you further.

Customer: replied 8 months ago.
Almostgot fired not using FMLA not the correct way
Expert:  RobertJDFL replied 8 months ago.

Right -- as noted above, if you have accrued paid vacation leave, or paid sick leave or other paid time off, and put in for FMLA, your employer can make you take that time as part of your FMLA. So, let's assume you had two weeks paid leave, and needed 6 weeks total time off to recover from a surgery. You'd still have 6 weeks total FMLA time off, but the first two weeks would be the paid time you had accumulated at work, and then the remainder unpaid. If employers didn't do this, then what would happen is an employee could take 12 weeks FMLA unpaid, and still get time off for sick leave, vacation or what not.

Really, since most people are familiar with the ins and outs, your employer should have explained that to you when you put the request for time in.

Expert:  RobertJDFL replied 8 months ago.

If you need clarification or additional information, please reply, and I'll be happy to assist you. Otherwise, kindly remember to leave me a positive rating (3-5 stars) as that is the only way experts on this site are compensated for our time and expertise, even if you have previously left a deposit. Thank you.