No, your employer is not required to pay your salary during FMLA leave. The Family and Medical Leave Act (FMLA), passed in 1993, was designed to provide employees with job-protected, unpaid leave for certain family and medical reasons. However, not all employees are protected by the FMLA. There are certain requirements that both the employee and the employer must meet in order for the FMLA to apply.
While this federal law offers crucial protections, it does not obligate employers to continue paying your salary during the leave period. However, understanding your rights under the FMLA can help you make informed decisions about your time off and verify that your employer is meeting their legal obligations.
When Can You Take FMLA Leave?
The FMLA allows eligible employees to take up to 12 weeks of unpaid leave within a 12-month period for specific reasons, such as:
- Your own serious health condition that makes it impossible to perform your job.
- Caring for a family member (spouse, child, or parent) with a serious health condition.
- Bonding with a new child, whether by birth, adoption, or foster placement (as long as leave is taken within a year of the child joining your family).
- Dealing with urgent needs related to a family member’s active military duty.
These protections can be lifesavers during critical times in your life, but they come with limitations. Unless your employer offers paid leave as part of their company policy—or you qualify for additional state benefits—FMLA leave is unpaid.
Why Is FMLA Leave Unpaid?
The FMLA was designed to provide job protection for employees facing serious personal or family health issues without causing undue burden on employers. The employee’s job remains protected, and their position must be restored when they return. While employers are required to maintain the employee’s health insurance benefits while on leave, the law does not obligate them to continue paying wages during this time.
The expectation is that the employee can rely on other forms of financial assistance, such as personal savings, short-term disability insurance, or state-provided paid family leave (where applicable), during their time off.
Common Violations of FMLA Rights
FMLA violations are taken seriously, and employees have legal recourse if their rights are infringed. Below are some of the most common violations that employees may encounter:
- Denying a legitimate FMLA leave request.
- Failing to maintain health insurance benefits during leave.
- Retaliating against an employee for taking FMLA leave, including firing, demoting, or otherwise penalizing them.
If you believe that your FMLA rights have been violated, it is important to retain any documentation related to the violation, such as denied leave requests, termination letters, any changes to your benefits, and any documents or communications that provide proof of retaliation. These records will be essential if you decide to pursue legal action later.
How An Employment Lawyer Can Help
If you suspect that your employer has violated your FMLA rights, it is essential to act quickly. The first step is to consult with an experienced employment law attorney who can evaluate the specifics of your case and determine the best course of action. Some potential steps may include:
- Sending a formal written complaint to your employer detailing the violation.
- Filing a complaint with the U.S. Department of Labor or the State labor department.
- Taking legal action if necessary to seek remedies such as back pay, reinstatement, or damages.
An experienced employment attorney at our firm can provide the legal counsel you need to navigate these complex situations and ensure that your rights are upheld.
Contact an Employment Law Attorney Today
At The Noble Law, we understand how challenging it can be to navigate a workplace dispute, especially when it intersects with personal or family health challenges. If you are preparing to take FMLA leave or believe your employer has failed to honor your rights, reach out to The Noble Law. We have built our reputation on advocating for employees in situations just like yours. Let us help you make sense of your options so that you can make an informed decision about your next steps.
About The Noble Law Firm
The Noble Law is a women-owned employment law firm with offices in North Carolina and South Carolina, founded by Laura Noble in 2009. Specializing in wrongful termination, workplace harassment, workplace retaliation, workplace mediation, and neutral third-party investigations, the firm is committed to leveling the playing field for employees. Their focus is on delivering positive outcomes with empathy and integrity, while also driving societal change in employment law.
The firm emphasizes diversity, collaboration, and innovation, fostering a balanced work environment that values the personal lives of its staff. With a strong commitment to technology and efficiency, The Noble Law provides personalized attention to a select group of clients, handling cases involving harassment, discrimination, retaliation, and more. The team’s extensive litigation experience allows them to deliver thorough and assertive representation.
