family medical leave

[marybo]

What is the name of your state?La I was out of work last year for 4 months due to breast cancer. I had ample sick leave to cover the time off and did use those funds . After I returned to work I was told I should have signed a federal family leave act. I thought that was for unpaid leave and questioned it, but they said it was mandatory. I signed it a week after returning to my job. I now need to be out again, but they say I have no sick leave and cannot take another family leave this soon, so I may loose my job. Does this sound fair/legal?

 

[cbg]

Yes, this is quite legal. The law specifically allows for FMLA to run concurrently with any paid leave you may have. If you have a condition which the employer knows qualifies for FMLA, they are REQUIRED to apply it.

Under no circumstances are they required to give you more than 12 weeks of medical leave in one 12 month period. If you are still within the same 12 months (it is not necessarily a calendar year - it can be fiscal year, calendar year, or a rolling year based on the date you first took leave) they have no obligation to allow you to take any more time, and yes, you can legally lose your job. The law has to balance your right to take medical leave with the employer's right to have an employee in your position who can come in and get the work done. No law allows you to take unlimited leave.

 

[marybo]

Marybo

Thanks, just wanted clarification on the paid/unpaid leave issue. I appreciate your input.