3rd Trimester

Do you get paid during FMLA?

I saw a lot of people talking about FMLA when saying how much time they had off in one of the previous posts... just wondering, are you paid during those 12 weeks or is it like taking 12 unpaid weeks? Do you guys that take it get any ADDITIONAL paid weeks from work when you take FMLA?

Re: Do you get paid during FMLA?

  • For me, FMLA just guaranteed my job security while I was on leave.  I got paid a % of my salary through short term disability.  And that was only 8 weeks.  So i took 4 weeks unpaid. 
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  • it depends on if you pay into short term disability.  If you do, then you'll get paid for FMLA. 

    I will not be getting paid.... but that's because I don't qualify for FMLA because I have not been with the school district for at least 12 months.  Booo

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  • FMLA only guarantee's your job for 12 weeks. Whether or not you get paid for that time is up to your company's policy, PTO, vacation time, etc.
  • Once I use up my paid time off, the rest will be unpaid.  FMLA just protects your job status for 12 weeks, they don't pay you anything. 
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  • I think whether or not you get paid during the 12 weeks depends on you/your company's disability coverage.

    For me, I'll be paid 100% for the first 6 weeks (it would be 8 weeks for a c-section) and unpaid for the last 6 weeks. However, you can use vacation time to get paid for some of those last 6 weeks if you choose (I'm not planning to do this - I don't want to use up all my vacation time).

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  • I get paid out any PTO I had banked, then my STD kicks in. I am not sure how long the STD will pay, but I plan to take the 12w to which I'm entitled under FMLA.
  • You can be covered for 12 weeks *unpaid* through FMLA. Short term disability is what pays you while you're on leave, and usually only at a percentage of your pay.
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  • Every employer is different, and the rules are usually pretty complicated.  Where I work, we get 12 weeks of FMLA in a calendar year if we have worked in the county for at least 12 months already.  Our maternity leave after LO is born counts toward our FMLA, as does any time before the birth (bedrest, etc). 

    Once we begin taking FMLA, we have to go through a period of 20 working days where we use up any sick/annual leave we have.  Any part of the 20 days that cannot be covered by our leave is leave without pay.  After that 20 working days, we receive 100% of our salary until birth if we are on short term disability. After birth, we get 100% of our salary for 6 weeks (with a vaginal delivery) or 8 weeks (with a c-section).  After that time, we can still take any additional remaining FMLA left (until we have been off for a total of 12 weeks) but it is unpaid.

    Sorry for the long reply...like I said, complicated!

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  • FMLA is the family medical leave act. It is not a paid leave it is just a law that means that if you are out of work to care for yourself or a close relative your job is not allowed to punish you for it in any way and they have to hold your position. Some small places of employment don't have to abide by this law though. I don't know about other states but I do know that in WI it is 12 weeks per year of job protection. You can take it unpaid but if you would like to be paid you must use it in combination with another for of leave such as sick, vacation, or PTO. If you need more information on it there are a lot of articles that are very helpful online and on most parenting websites.
  • thanks everyone! I get 12 weeks paid through my company so I never did the research for this, but its interesting to know because I always hear about people who say they got no time- paid or unpaid. I suppose that's not really true since there is the FMLA.
  • image Spring Mommy:
    thanks everyone! I get 12 weeks paid through my company so I never did the research for this, but its interesting to know because I always hear about people who say they got no time- paid or unpaid. I suppose that's not really true since there is the FMLA.

    You have to work for a company for over a year to qualify for FMLA, and the company has to have over 50 employees.  People in new jobs or who work for small companies (there may be other situations...I'm not sure) don't qualify, so they get nothing at all.


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  • Ditto others--FMLA has nothing to do with whether you are paid while on leave.  It just protects your job. 

    Pay is based on other things--like whether your bosses are just nice enough to pay your maternity leave in certain situations, whether you can get short term disability, whether you need to take vacation and sick leave, etc.

  • Oh, yeah and FMLA does not cover everyone.  So yes, there can be people who technically don't qualify for ANY leave, even unpaid.  I don't qualify, for example, but I have a nice boss.  :)  For others, they may technically qualify for 12 weeks of unpaid leave, but not feel comfortable taking all 12 weeks due to pressure from their employers.
  • My firm pays for our maternity leave (12 weeks), but the FMLA does not require this. 
  • My company pays 100% for 6 wks (or 8 for c section). Anything after that you are required to take your vacation and then not get pd for anything after that.
  • image Spring Mommy:
    thanks everyone! I get 12 weeks paid through my company so I never did the research for this, but its interesting to know because I always hear about people who say they got no time- paid or unpaid. I suppose that's not really true since there is the FMLA.

    Not true necessarily.  I do not get FMLA because my company has under 50 employees (they do that on purpose, we are at like 47 I think, there are other laws that my company does not have to abide by if they stay under 50).  So even though I have been here 4.5 years I do not get FMLA.  Luckily they will still offer me 8 weeks off, 4 paid at 100% after I use up all my vacation/sick time.

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  • FMLA just guarantees they keep your job for you - it's up your company's policy whether or not you get paid during that time off.  Mine is partly paid, and part unpaid.
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