Pay and Benefits During Family and Medical Leave

Family and medical leave is generally unpaid, though employees have certain rights to substitute accrued paid leave for the otherwise unpaid time. You must continue providing any group health benefits at the same level and under the same conditions as if the employee were actively employed. This includes medical, dental, vision, mental health and other coverages, and coverage for dependents. If the employee does not return from the leave, you can recover benefit premiums paid during the leave under certain conditions. For more information, see “Health Insurance Cost Recovery” in Return to Work After Medical Leave.

Alert content: Employers cannot require employees on CFRA and/or FMLA leave who receive pay under a¹