Am I being treated fairly on FMLA

I use FMLA for fibromyalgia. My limitations are such that sometimes I cannot work at all, other times I can work a few hours, etc. Three weeks ago, I went on FMLA leave to have breast reduction surgery due to fibromyalgia. I haven't been released from the doctor yet when this morning, 3 weeks later, I received a call from the human resource manager at this very large hospital/insurance company that I am employed with, stating that my FMLA has expired and I have been placed on medical leave. This means that when I am able to return to work, which was to be tomorrow, I have to check with her first to make sure I still have a job since I am not protected anymore by FMLA. My problem is they say FMLA is on a rolling 12 month period. I dont understand that because I first used FMLA a year ago in May. I thought after 12 months, in May, I would have the 12 weeks again but this isn't how 'they' do it. Please help me understand if they can treat me this way!!!!

2 answers  |  asked Jul 23, 2003 10:04 AM [EST]  |  applies to Illinois

Answers (2)

Adam Kielich
Employers are permitted to adopt one of several 12 month eligibility calculations. It sounds like your employer adopted a rolling formula, which is not beneficial to the employee. Take a look at these links for more information about these calculations.

https://www.dol.gov/whd/regs/compliance/whdfs28h.pdf

https://www.kielichlawfirm.com/fmla-twelve-month-period-eligibility/

posted by Adam Kielich  |  Dec 31, 2017 11:12 AM [EST]
Aaron Maduff
Am I being treated fairly on FMLA

A lot of this depends upon their FMLA policy -- they have some flexibility. However, since more than 12 months have passed and since it is a different calendar year, I find it hard to believe that you are out of FMLA. I would want to see the policy. Please feel free to call us or any of the other fine employment lawyers on this site.
Aaron Maduff

posted by Aaron Maduff  |  Jul 28, 2003 10:30 AM [EST]

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