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Fmla????

  • Thread starter katrinagardener
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katrinagardener

Guest
What is the name of your state? MI

Just curious about FMLA. If an employer puts an employee on FMLA when the employee does not work the required amount of time in a year due to an injury(not work related) are they breaking the law? Just curious. Why is their a certain amount of time that has to be worked in a year, before an employee qualifies for FMLA.
 


pattytx

Senior Member
There are certain requirements contained in the law. How would we know why the law was structured how it was? However, think about it. It would be business-prohibitive for an employer to save a job where the employee works half-time or less for 12 weeks, or where the employee has been at that employer for only a few weeks or months.

If any employer chooses to offer job-protection when the employee would not otherwise qualify for it under FMLA, they are certainly free to do so. However, should they change their minds later on, recourse would be a nonissue, since they were not required to offer it in the first place.
 

cbg

I'm a Northern Girl
If an employer puts an employee on FMLA when the employee does not work the required amount of time in a year due to an injury(not work related) are they breaking the law?

Not exactly. An employer may always offer more leave than the law requires. What would be illegal would be if, later, the employee asked for FMLA once they had become eligible, and the employer turned them down saying that their allotment had been used during a period when they did not meet the eligibility requirements.

Why is their a certain amount of time that has to be worked in a year, before an employee qualifies for FMLA.

Because the law says so. If you want a more detailed response, you'll have to ask Congress. They're the ones who made the law.
 

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