How to Get Paid While on FMLA in MN?

The Family and Medical Leave Act (FMLA) is a federal level labor law that “entitles eligible employees of covered employers to take unpaid, job-protected leave” for specific medical and family-related reasons. There are a number of nuances to be aware of when it comes to the FMLA, such as who is considered an eligible employee, what medical or personal reasons are covered under the law, and whether or not you receive pay while taking FMLA leave.

When it comes to whether or not you get paid while on FMLA leave, this is a key question for many eligible employees. And with some recent changes in the state of Minnesota that impact the answer to this question, it’s important and beneficial to know more about how FMLA leave impacts your pay and ongoing job benefits.

Does FMLA Pay You – Paid and Unpaid Leave Explained

As with any labor or employment law, there are going to be a number of different details that you might not be aware of – especially if you aren’t familiar with the FMLA, the rights you have under it, and what kind of protections it affords eligible employees.

Under the FMLA, eligible employees are entitled to the following:

• 12 work weeks of leave in a 12 month period for:
  • Serious health conditions that make an employee unable to perform the essential functions of their position.
  • The birth of a child within one year of birth.
  • To care for an employee’s spouse, parent, or child who has a serious health condition.
  • The placement of an adopted child or foster child with the employee within one year of placement.
  • Qualifying situations where an employee’s spouse, parent, or child is a covered military member on “covered active duty.”
• 26 work weeks of leave in a 12 month period to “care for a covered servicemember with a serious injury or illness” in cases where the eligible employee is the servicemember’s parent, spouse, child, or next of kin.

If an eligible employee makes use of either of the above FMLA leave options, they can expect job protection and group health plan benefits to continue when they take leave.

But when it comes to whether or not FMLA leave is paid, there are two details to be aware of under the FMLA about paid and unpaid time.

Do You Get Paid While on FMLA Leave?

FMLA leave is unpaid leave. This means that individuals taking FMLA leave will not be able to receive pay from their employer for that leave with one exception at the federal level. Employees can use their employer provided paid leave at the same time as their FMLA leave if their purpose for FMLA is covered by their employer’s paid leave policy.

So, for example, if an individual submits an FMLA leave request for a serious, personal health condition and their employer’s paid leave policy covers personal health conditions, than that individual would be able to receive paid leave from their employer.

In some cases, employers may also require that employees use their paid time off during FMLA leave.

Will I Lose My Benefits Coverage While on FMLA Leave?

As laid out by the FMLA, any eligible employee who has health insurance under their employer’s group health plan can continue their coverage during their FMLA leave. Health insurance coverage should continue as if that individual had never stopped working.

Other benefits including sick leave, vacation time, life insurance, and disability insurance, among others, will need to be available to employees when they return to work following their FMLA leave.

How Do I Get Paid While on FMLA Leave?

You’ll need to check your employer’s paid leave policy to see if:

• Your reason for FMLA leave is covered by the policy.
• If your employer requires you to use your paid leave during your FMLA leave.

But apart from these two potential ways to receive pay during your FMLA leave, you can also check to see if paid leave for family and medical reasons is covered by the state you live in at all.

For Minnesotans, certain employees under state law are eligible to take Earned Sick and Safe Time (ESST) as of January 1, 2024. ESST requires employers to provide Minnesota employees with paid lead that can be used for specific reasons like caring for a sick family member, when the individual is sick themselves, if they are handling funeral arrangements

Employees are considered eligible for ESST if:

• They are not an independent contractor.
• They are expected to work at least 80 hours in a year for a Minnesota employer.

In addition to ESST, another recent program will provide Minnesotans with more paid leave options in a similar vein to FMLA leave.

Beginning on January 1, 2026, the Paid Leave program, a Minnesota state program, will require most employers in Minnesota to offer job protected leave for eligible employees. Eligible employees will be able to request time off under this program for specific family and medical reasons including:

• When the employee themselves has a serious health condition.
• To care for a family member with a serious health condition.
• Bonding with a new child in the family.

If you are facing retaliation in the workplace for taking FMLA or state-provided leave, be sure to reach out to Wanta Thome. Workplace retaliation can be complex and a FMLA lawyer from our team can help you better understand your situation and legal rights.

Contact Our Minnesota Employee Rights Lawyers for FMLA Issues

While the FMLA provides job protection and affords eligible employees the right to request FMLA leave from their employer, some individuals face unlawful retaliation in the workplace following the use of their FMLA rights and leave. If you believe that you are currently facing FMLA retaliation from your employer or if you have been terminated after you’ve taken FMLA leave, contact Wanta Thome today.

We offer no-obligation, confidential consultations that allow us to discuss your potential case and help offer you guidance on what next steps you may want to consider.

Our team of employment lawyers have represented employees who have faced FMLA-related issues in the workplace and are here to help.