Do you check "paid family leave" when the company has paid during the FMLA (not through 3rd party insurer) and the earnings are a part of the gross earnings? Thanks

[MichaelDC · Accepted solution]

First, a little definition distinction: The 1993 Family and Medical Leave Act (FMLA) entitles eligible employees to take an unpaid, job-protected leave of up to 12 workweeks in a 12-month period for family- and medical-related reasons.

Because FMLA is unpaid, it doesn't fit the definition of paid family leave.

If you were paid while you were off, it should be included in the W-2 you received from the employer and is taxed just the same as regular wages.  For example, if you're getting regular paychecks while you're home recovering from major surgery, serious injury, chemotherapy, or pregnancy complications, you're receiving PFL pay. You can check "Paid Family Leave"

If you not paid while off while on FMLA there is nothing you need to do different on your taxes.

If you have additional questions or details regarding this, please feel free to post in the comments for further clarification.