Does FMLA Have To Be Paid Leave?

Not per the Federal Law, but:

  • Some states have their own requirements and their own laws on Family leave, Medical Leave,or both!
  • Tax credits are available if companies do provide paid FMLA leave (OBBBA).

General FMLA FAQs

Check out this link, which include a lot answers to some serious questions, even info about Military Provisions, airline flight crew employees, and the Uniformed Services Employment and Reemployment Rights Act too!

https://www.dol.gov/agencies/whd/fmla/faq

Employer Credit FAQs

The Internal Revenue Code Section 45S provides a tax credit for employers who provide paid family and medical leave to their employees. Eligible employers may claim the credit, which is equal to a percentage of wages they pay to qualifying employees while they’re on family and medical leave. The credit is effective for wages paid in taxable years beginning after December 31, 2017, and before January 1, 2026. For more information, see Notice 2018-71.

This webpage dives into the credit extended by the OBBBA in 2026.

https://www.irs.gov/newsroom/section-45s-employer-credit-for-paid-family-and-medical-leave-faqs

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Wendy Sellers
Wendy Sellers, known as “The HR Lady®,” is a dedicated HR consultant and business partner of all size businesses, a conference speaker, and management trainer who specializes in understanding the unique culture and goals of organizations in order to improve business outcomes.

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