running out of fmla

[nibblet_jc]

What is the name of your state? Wisconsin
I am about to run out of fmla time and was told when this happens I have to start my leave. Depending on how long I would be out up to 90 days I keep my position, 120 days I get an equal position and more than that I lose my job unless they are hiring. My question is can they make me take a leave for running out of fmla time and I am able to perform my job duties even if it is on reduced hours.

 

[cbg]

Unless WI has a really strange state law, they can FIRE you when you run out of FMLA time. Barring a state law to the contrary (and I'll let Beth establish whether WI does or not) they have no legal obligation to hold your job for you once FMLA runs out, regardless of how legitimate the medical reason.

 

[Beth3]

Wisconsin does have it's own FMLA (WFMLA) with some different particulars than the federal law but it all runs concurrently. For example, the WFMLA provides up to two weeks of medical leave for an employee's serious health condition; the FMLA 12. The leave entitlement runs concurently - i.e. the first two weeks an employee is on medical leave uses up two weeks of FMLA and the two weeks of WFMLA.

I am about to run out of fmla time and was told when this happens I have to start my leave. Huh? FMLA time IS leave. Are you saying your employer's policy allows for additional leave time beyond what the FMLA requires?

Depending on how long I would be out up to 90 days I keep my position, 120 days I get an equal position and more than that I lose my job unless they are hiring. My question is can they make me take a leave for running out of fmla time and I am able to perform my job duties even if it is on reduced hours. Once your FMLA and WFMLA time are exhausted, basically your employer makes the rules after that - assuming they've elected to offer more leave time. They could terminate you after 12 weeks on FMLA leave. Your post is a little confusing but I don't see that your employer is doing anything unlawful. They don't have to allow you to work a part-time schedule if they don't want to.