How Can Employees Get Paid While They’re on FMLA Leave?

Jan 17 2024

Josh Goodbaum: Hi, Amanda.

Amanda DeMatteis: Hi, Josh. Nice shirt!

Goodbaum: Haha. Yeah, we’re twins. But, what are we talking about?

DeMatteis: What are we gonna talk about? You tell me.

Goodbaum: Alright. So, we talk a lot about the FMLA, and as folks who watch our videos know by now, the FMLA is unpaid leave. It is job-protected leave, but your employer doesn’t have to pay you while you’re on FMLA leave. So, for a lot of people, that’s a big problem. And the question then is, “Well, can I take FMLA leave and still get paid?” There are a few ways to do that. So, tell the folks about how they might get paid while they’re taking FMLA leave.

DeMatteis: Yeah, there’s a few ways to do that.

The first is CT Paid Leave, which is this wonderful resource that Connecticut employees have. It’s really, really easy to do. You open up Google or any other search engine and just type in ‘CT paid leave.’ It’s gonna bring you to their website; it’ll walk you through exactly how you apply, what you need to do, what your employer needs to do, and that could provide you with some compensation while you’re out on FMLA leave. So, really great resource – use it. If you have questions, ask an employment lawyer about it.

Another way is banked time that you have at work. Maybe you have some sick time or some PTO – whether that be vacation time or personal time – that you have available to you. You can use that contemporaneously with your FMLA leave, and that could provide you with some compensation while you are out recovering from your own health condition or taking care of a family member that is sick and needs your attention during that time.

The third way – and this only applies when it’s your serious health condition that’s keeping you out of work – is maybe you have a short-term disability policy that’s available to you. And if you do, you might be able to apply for benefits under that policy and get paid. Now, it’s often not 100% of your wages, but hey, when you’re out of work and you’re recovering from some type of health issue, anything is better than nothing. You want to talk to your employer about whether there’s a short-term disability policy available to you, apply for those benefits, start receiving that compensation, and that may be a way to bridge the gap while you’re getting yourself ready to go back to work.

So, there are options, and the best way is: ask your employer. Your employer might be able to provide you with this information. If you’re not getting the information that you need from your employer, call an employment lawyer and let us guide you in the right direction to help you through this troubling time.

Goodbaum: Great information. Thanks so much, Amanda, and thanks to you all for watching. Take care!

Share this Post

josh goodbaum discussing getting paid while on fmla leave

About the Author

Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C.

Advocating for Employees
since 1977

Best Lawyers

Let Us Review Your Case

    We will respond to your message promptly. Although we will keep your message strictly confidential, please note that contacting us does not create an attorney-client relationship.

    Client Experiences

    During a very difficult employment situation, I was referred to Joe Garrison. Recognizing the volatile and time sensitive nature of my employment situation, Mr. Garrison met with me immediately (on the weekend no less). He listened to the details of my case, was able to think through possible creative solutions to offer the employer, and was responsive to my myriad of questions. He understood my concerns about litigation versus settlement, and he worked to find the best resolution possible. I am grateful to have had his support at a very difficult time. —J.C., New Haven, CT

    You will never meet a more knowledgeable and compassionate professional than Steve Fitzgerald. My employment situation was very complex, and Attorney Fitzgerald kept me focused while remaining extremely adept and “thinking on his feet.” Should the need present itself again, I would never seek anyone else’s counsel regarding employment issues. I cannot recommend him highly enough. — J.R., New Haven, CT

    Nina Pirrotti provided outstanding legal advice and was trustworthy, dependable, and responsive. From the start, I was confident that her knowledge and experience would obtain favorable results. On a more personal note, I enjoyed working with her and her staff and felt I was included in every part of the process. The dedication, concern, and interest in me as a client was greatly appreciated, and Nina has earned my highest recommendation. — J.H., Monroe, CT

    I recently found myself in need of a lawyer in handling a dispute with my former employer. I was fortunate to retain Josh Goodbaum as my legal counsel. His legal skills knowledge and professionalism shone through in every step of the process resulting in a very positive result. I highly recommend Josh if you find yourself in need of legal counsel. — S.R., Guilford, CT

    When I go to a lawyer for advice, I am usually anxious, particularly the first meeting. Amanda DeMatteis was clear in describing my options and immediately set me at ease. Realistic assessment is important, and Amanda was clear as to how to set up the case and the direction she felt we should go. I had total confidence in her abilities and knew I was being well represented against a large corporation. More importantly, we were successful! —N.M., Haddam, CT

    Advocating for Employees since 1977

    American Law Institute Super Lawyers American College of Trial Lawyers Best Lawyers The College of Labor and Employment Lawyers
    Back to Top
    (203) 815-1716