Do we have to continue benefits accrual during FMLA leave?
HRCalifornia
It depends on the benefit.
There is no law that requires an employer to continue to accrue vacation and sick leave for an employee when they go out on a leave of absence. It is best to develop a policy that addresses this issue and to apply it uniformly to all leaves of absence so as to avoid any adverse impact.
Under the Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA), an employer is obligated to continue health benefits for up to 12 weeks. If the FMLA leave is related to caring for a servicemember, the leave is up to 26 weeks, and the employee
HRCalifornia Resources
All resources require membership. For full access to every form, checklist and tool on HRCalifornia — plus the HRCalifornia Helpline for live expert support — become a member.