Can I be denied FMLA if I go over the amount of days stated on the form? Also do I have to resubmit

I was approved for FMLA for a duration of one year. The doctor stated the FREQUENCY 1-3 times per month and the DURATION 8 hours per episode. Can I be denied FMLA if I go over the amount of days stated on the form? Also do I have to resubmit a new form if I go over the amount of days stated on the form?

2 answers  |  asked Jul 29, 2011 5:37 PM [EST]  |  applies to California

Answers (2)

Elisa Ungerman
The question is somewhat confusing. First of all, FMLA leave by definition is only for a period of 12 weeks, cumulatively, the equivalent of 60 work days. It sounds like you will be taking intermittent leave - using it up a day at a time. Once you use up the total of 12 weeks of leave - you no longer have the protections guaranteed by the Family Medical Leave Act and yes - you can be denied further "FMLA" leave.

Under the FMLA, your job is protected (unless you were to be laid off regardless of whether you took leave), and you are entitled to the Company continuing to pay its portion of health benefits. After the 12 weeks you lose the protections under the FMLA statute, but you may have protections under other statutes, if applicable, such as the Fair Employment and Housing Act. However, the protections may not be the same. It will depend on your situation, whether you qualify, whether the employer can accommodate you, whether there is a collective bargaining agreement or MOU in place, what other employees are allowed, etc. If you still have the issues after you have exhausted the 60 days - then you will need to engage in the interactive process with your employer to figure out where you go from there, but you will not have any more FMLA leave left until you requalify - ie work 1250 hours in a 12 month period, depending upon your employers rules on this.

posted by Elisa Ungerman  |  Jul 29, 2011 6:40 PM [EST]
Arkady Itkin
Hello.

This is a very common and important question and mistake that employer's make. Just because your FMLA has expired, doesn't mean that you are not entitled to additional leave. Under FEHA (Fair Employment and Housing Act) if you suffer from a qualifying disability / medical condition, the employer has to consider whether providing an extended leave beyond that which has been already granted can be a reasonable accommodation to your condition. You must however request that this specific accommodation - extending leave, be considered.

Thanks,

Arkady Itkin
Attorney

posted by Arkady Itkin  |  Jul 29, 2011 5:45 PM [EST]

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