Alex What happens if you are out on FMLA for 12 weeks?
If you are out on FMLA leave due to paternity or maternity care, then generally speaking, the 12 weeks of unpaid leave is all you get. Some employers may offer paid leave and some employers may offer longer than 12 months. However, if your employer just offers you what is federally mandated,…
Can an employee take FMLA leave to care for a sibling?
As an initial matter, courts have quickly shut the door on employees seeking FMLA protection to care for their siblings: Smith v. Women’s Healthcare: ” [t]he care of a sibling…is not protected under either state or federal law;” therefore, care for a sister is “a matter of [an employer’s] discretion.”
Do you have to renew 12 weeks of family leave?
Your strategy might not work. An employee’s 12 weeks of leave under the federal Family and Medical Leave Act (FMLA) don’t automatically renew at the beginning of the calendar year. The FMLA gives employers four options for calculating the leave year.
What happens after 12 weeks of medical leave?
Continued Leave. After the 12 weeks of medical leave is over, your employer may allow you to continue your leave of absence. This depends on the individual company and may also depend on how they view you as an employee.
What happens at the end of 12 weeks of FMLA?
At the end of the 12 weeks, your employer must allow you to return to your job, or a job with equal pay and benefits. If your company designates you as a key, salaried employee, they can exempt you from the FMLA. After the 12 weeks of medical leave is over, your employer may allow you to continue your leave of absence.
Your strategy might not work. An employee’s 12 weeks of leave under the federal Family and Medical Leave Act (FMLA) don’t automatically renew at the beginning of the calendar year. The FMLA gives employers four options for calculating the leave year.
As an initial matter, courts have quickly shut the door on employees seeking FMLA protection to care for their siblings: Smith v. Women’s Healthcare: ” [t]he care of a sibling…is not protected under either state or federal law;” therefore, care for a sister is “a matter of [an employer’s] discretion.”
What should I do when my FMLA expires?
Given the upcoming expiration of your FMLA, you have some options available: contact me immediately about your return to work; request an extended leave without pay. If you elect to request an unpaid leave, please know that one