FMLA Pay Requirements

Answer:

Last week, we received a call from a client who was employed in Orange County, California. The client asked a very common question that comes up when an employee is required to take leave under the FMLA or the California Family Rights Act, the CFRA. The question was, “Is my employer required to pay me when I’m on leave?” Generally speaking, an employer is not required to pay you while you’re on leave. What the employer is required to do is, if you have any type of leave, general leave, vacation time, they’re required to make that available for you during the time you’re using your FMLA time or CFRA time.

Oftentimes, in these types of cases, there are disability issues that come up or accommodations or work restrictions that come up. This means that there is other recourse available for employees besides just the FMLA or the CFRA. If you believe that you have an issue in the workplace, related to your leave, give our office a call for a consultation.