I just want to renew my FMLA leave for the year and was denied because I exhausted my hours
I just want to renew my FMLA leave for the year and was denied because I exhausted my hours by 40 for the previous year.. I was unaware that I had gone over them as I thought I was still earning back time and the year before I didn't use all my FMLA. Now what do I do, I want to keep my job but I need my FMLA with my medical issues I have. What are the rules here? When can I reapply? I am scared now that I am going to lose my job. Please help!
1 answer | asked Aug 1, 2016 04:08 AM [EST] | applies to Ohio
Answers (1)
You are entitled to "a total of 12 workweeks of leave during any 12-month period," assuming you are otherwise covered and eligible. https://www.law.cornell.edu/cfr/text/29/825.200
Your employer can choose to use a calendar year, anniversary year or rolling year (i.e., 12 months from today) for the 12 month period, as long as evenly and uniformly applied.
If your employer is telling you that you do not have FMLA leave this year because you took 13 weeks of leave last year (however a year is calculated), I believe they may be mistaken. In that case, you would have had 12 weeks of FMLA, and one week of employer provided leave, in that year. This year, you are entitled to a new 12 weeks.
posted by Neil Klingshirn | Aug 1, 2016 07:04 AM [EST]
Your employer can choose to use a calendar year, anniversary year or rolling year (i.e., 12 months from today) for the 12 month period, as long as evenly and uniformly applied.
If your employer is telling you that you do not have FMLA leave this year because you took 13 weeks of leave last year (however a year is calculated), I believe they may be mistaken. In that case, you would have had 12 weeks of FMLA, and one week of employer provided leave, in that year. This year, you are entitled to a new 12 weeks.
posted by Neil Klingshirn | Aug 1, 2016 07:04 AM [EST]
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