Does FMLA count as Employment in a Relo Package?

I've been out on leave since feb I return in may, so out 2.5 months.
My relocation package requires me to complete 12 months of employment and further states cannot voluntarily leave prior to 12 months.
I was hired in may 2016.
If I leave june 22, have I completed my obligations?
Or
Does the 2.5 months of approved fmla not count towards the 12 months employment?

1 answer  |  asked Apr 26, 2017 07:27 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
The Family Medical Leave Act is a federal law. It does not apply to employees unless they have worked for the same employer for at least one year.

A relocation package or agreement is a contract. Assuming you were relocated by the same employer you may qualify for FMLA.

No lawyer can answer contract or relocation agreement questions without sitting down with you and reviewing the agreement (i.e. what did you agree to do and for how long), company policies and your facts. If you have been out for a condition you knew you would need time off for before you relocated and did not disclose to your employer you definitely need to schedule a consultation with an employment lawyer. I suggest you do so regardless.

posted by V Jonas Urba  |  Apr 26, 2017 07:45 AM [EST]

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