Understanding Your Rights: Paid Leave and the FMLA

The Department of Labor (DOL) recently clarified important rules about your rights under the Family and Medical Leave Act (FMLA). If you’ve ever been unsure about how paid leave works when you’re on FMLA leave—or if you think your employer may not be following the law—this information is for you.

What Is the FMLA?

The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave each year for specific family and medical reasons, such as caring for a newborn, recovering from a serious health condition, or tending to a sick family member.

Employers are required to comply with FMLA regulations, which include maintaining your health benefits during leave and allowing you to return to the same or equivalent job afterward.

How Paid Leave Works With FMLA

Sometimes, employers or state programs provide paid leave benefits. The DOL has clarified that when an employee is receiving paid leave through a state program (like California’s Paid Family Leave), their employer cannot force them to also use their accrued paid time off (PTO), vacation, or sick leave at the same time.

Here’s an example:

If you’re receiving state-paid leave benefits for six weeks to care for a family member, your employer can’t deduct your PTO or vacation balance unless you choose to use it. Employers that try to double-dip by using your PTO without your consent are violating the law.

What Should You Do if Your Employer Is Violating These Rights?

Unfortunately, some employers fail to follow these rules. They may:

• Force you to use your PTO or vacation time while you’re receiving state-paid leave.

• Deny your FMLA leave outright or interfere with your ability to take it.

• Retaliate against you for taking leave by demoting you, reducing your hours, or creating a hostile work environment.

Protect Yourself and Your Rights

If your employer isn’t following FMLA regulations or is penalizing you for taking leave, you don’t have to face it alone. At WorkRight Law, we fight for employees who are being treated unfairly.

You have a right to:

• Take the leave you need without worrying about losing your job.

• Receive the full benefits you’re entitled to under state and federal laws.

• Work in an environment free from retaliation or mistreatment.

If you believe your employer is violating your FMLA rights, we can help. Our experienced attorneys specialize in employee rights and have helped countless workers just like you. Don’t let your employer take advantage of you.

Call WorkRight Law today at 562-760-8803 or fill out this form to schedule your free consultation. Let us fight for the justice and fairness you deserve!