Alex What did John do with his FMLA leave?
John notified his employer and sought a medical leave to undergo chemotherapy treatment, which it granted. Thereafter, he used his full 12 weeks of leave under the FMLA, but when he requested an additional leave of absence to continue treatment, ABC Company denied his request, explaining that he had exhausted his FMLA leave.
When to retroactively designate FMLA leave for surgery?
In this situation, often the employer has no idea that the absence might be FMLA qualifying until later—when FMLA is actually requested for the bigger, related event, such as for surgery. In fact, this situation is often discovered on the FMLA medical certification.
When to take FMLA leave for medical reasons?
You can take FMLA leave as either a single block of time (for example, three weeks of leave for surgery and recovery) or in multiple, smaller blocks of time if medically necessary (for example, occasional absences due to diabetes). You can also take leave on a part-time basis if medically necessary (for example, if after surgery
What does the family and Medical Leave Act provide?
(Q) What does the Family and Medical leave act provide? The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.
John notified his employer and sought a medical leave to undergo chemotherapy treatment, which it granted. Thereafter, he used his full 12 weeks of leave under the FMLA, but when he requested an additional leave of absence to continue treatment, ABC Company denied his request, explaining that he had exhausted his FMLA leave.
Can you get FMLA if you have elective surgery?
Employers should avoid giving knee jerk denials to leave request for elective surgery as some may actually qualify for FMLA leave. Always ask your employee to have his or her doctor complete the medical certification before evaluating whether the employee is eligible for FMLA.
Can you get FMLA leave for cosmetic surgery?
As a good lawyer, the answer really is that it depends. He may qualify for FMLA leave. Run of the mill cosmetic day surgery, without complications, is likely not covered by the FMLA definition of a “serious health condition”.
When is an employer subject to the FMLA?
Under the FMLA, an employer is subject to the Act if it is “engaged in commerce or in any industry affecting commerce [and] employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current of preceding calendar year.”