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Do you get Paid While on FMLA?

Unfortunately, no not under the law. Now, some companies will provide compensation, for example, for maternity or paternity leave. That’s an increasing benefit that people are offering. They also have sick time, or personal time, or vacation time that you may be able to use in conjunction with the family medical leave, and many companies will require that.

People ask me all the time, “Well, I wanted to take FMLA, but my company said I had to take my sick time instead.” Really what they’re saying is you have to exhaust your sick time while you’re on FMLA. Your sick time, your vacation time, your PTO time does not extend that Family Medical Leave Act leave past the 12 weeks. Some other companies have short-term disability payments, which if you’re disabled, can’t perform the essential functions of your job, and otherwise qualify within that, usually that product is usually an insurance product, then you can get paid while you’re out on family medical leave depending upon the cause of the medical condition that put you on family medical leave.

Now, another interesting side note to that is the medical condition doesn’t have to have anything to do with your job. It’s not like Worker’s Comp where you have to be injured on the job in order to get your leave under Worker’s Comp. Under the Family Medical Leave Act, if you have that serious health condition, and that’s generally something that’s certified by a doctor, that will take you off of work for three days or more then you are eligible for that unpaid leave.

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