Is FMLA Leave Paid?
Are you preparing to go on family leave or medical? If you are in a position that is covered by the federal Family and Medical Leave Act, you may be wondering: Is FMLA paid leave? Unfortunately, the answer is “no.” FMLA is job-protected leave, but it is unpaid. With that being said, New Jersey does offer guaranteed paid leave benefits at the state level to many workers through its Family Leave Insurance (FLI) program. Within this article, our New Jersey FMLA lawyer provides a more comprehensive overview of paid leave laws.
FMLA Leave is Job-Protected, but Unpaid
The Family and Medical Leave Act (FMLA) is an important federal law, but it is not paid leave. Eligible employees are entitled to up to 12 weeks of job‑protected leave. If you are qualified for FMLA, your employer must keep your position (or an equivalent one) and continue your group health benefits, but does not have to pay your salary during the time when you are taking leave. You may be allowed to return to your position or (or an equivalent one) when your leave ends.
Takeaway: The FMLA ensures you will not lose your job, but the leave is unpaid. The Family Leave Insurance (FLI) offers eligible employees partial wage replacement for family‑related leave.
New Jersey Has Paid Leave (Family Leave Insurance (FLI))
There is good news for workers in New Jersey. At the state level, many employees are eligible for legally guaranteed paid leave benefits for family and medical situations. Here are some of the key points that workers in New Jersey should know about our state’s FLI program:
- Coverage: Most New Jersey workers who contribute via payroll deductions are covered. The surcharge is roughly 0.33 percent of wages up to a cap.
- Qualifying Reasons: New Jersey’s FLI covers many of the same family and medical emergencies as the federal FMLA. Some of the most notable examples include: A) Bonding with a newborn, newly adopted, or foster child within 12 months, B) Caring for a seriously ill or injured family member, C) Handling domestic/sexual violence related needs, and D) Managing military deployment situations.
- Amount and Duration of Paid Leave: FLI in New Jersey offers up to 12 weeks of continuous leave, or 8 weeks (56 days) intermittently per year. It pays out at a rate of 85 percent of your average weekly wage prior to taking leave. However, there is a maximum weekly benefit of $1,081.00 for 2025 for all employees.
- Not Job Protected: Notably, the FLI itself does not guarantee job protection. With that being said, you may still be covered concurrently by federal FMLA (for employers with 50+ employees) or, even more likely, New Jersey Family Leave Act, which offers unpaid job‑protected leave to many workers who are eligible for FLI.
Contact Our New Jersey Family and Medical Leave Attorney Today
At Poulos LoPiccolo PC, our New Jersey employment attorney is standing by, ready to help you navigate an FMLA case and/or an FLI case. If you have any questions about your right to take family or medical leave, please do not hesitate to contact us today for a fully confidential consultation. We provide employment law services throughout New Jersey.
Source:
dol.gov/agencies/whd/fmla
