What are my options now?

[Michael09]

What is the name of your state (only U.S. law)? Michigan.

Hi: I have been working for an automobile company for more than 11+ years as a direct employee and 18+ years including time as consultant. As my mother is ill and needed support, I have had to go on FMLA. Now, I am told that FMLA is valid only for 3 months and that I have to report to work by mid October or my employment will be terminated. My mother is still not well and doctors think, it will atleast 3 more months before she will be better.

Now I am at a loss:
1. Since I have already started FMLA - would I be able to continue the same for longer period? Are there any exceptions in the law that I can use?
2. Are there any other alternatives to extend the leave and still hold to the job?

Any replies will be appreciated vey much.

Thanks,
Michael

 

[mlane58]

Now I am at a loss:
1. Since I have already started FMLA - would I be able to continue the same for longer period? Are there any exceptions in the law that I can use?

No FMLA is for only 480 hours per year and there isn't another federal or state law that I am aware of that would let you extend that leave.

2. Are there any other alternatives to extend the leave and still hold to the job?

No

 

[pattytx]

FMLA is 12 weeks per year. Period. The employer may provide an additional personal LOA, but that would not protect your job; only FMLA does that.

Best wishes for your mom.

 

[Michael09]

Thanks for your reply.

FMLA is 12 weeks per year. Period. The employer may provide an additional personal LOA, but that would not protect your job; only FMLA does that.

Best wishes for your mom.

Appreciate your fast reply and input.

How about "Sabbatical" , I have seen people taking it for an year and then coming back again. Will that work?

 

[eerelations]

Sabbaticals are not legally-protected leaves the way FMLA leave is. Employers may offer sabbaticals at their whim.

 

[Michael09]

I may try "Sabbatical" if no other option.

Sabbaticals are not legally-protected leaves the way FMLA leave is. Employers may offer sabbaticals at their whim.

Thanks a lot ... You are all great bunch and I appreciate the same.

ARE THERE ANY OTHER SAFE OPTIONS FOR ME?

WHAT HAPPENS WHEN I LOOSE JOB. WILL I BE ELIGIBLE FOR ANY COMPENSATION AT ALL?

WILL THIS TERMINATION MEAN BAD FOR THE EMPLOYMENT HISTORY?

HOW WILL FUTURE EMPLOYERS LOOK AT THE SAME?

 

[pattytx]

And besides, "sabbaticals" are, literally defined, leaves of absence for the purpose of continuing education, training, or sometimes, teaching others.

Whatever anyone wants to call it, once the 12 weeks provided by FMLA is exhausted, your job is no longer protected by law.

 

[commentator]

When you are terminated for not being able to come back to work when FMLA ran out...this happens to people ALL the time. One of those funny little reasons we need some sort of health care changes, you know? But as for future employers looking poorly at this, do NOT worry about it. If I were an employer, I would be impressed by someone who felt they had a responsibility to care for an ill family member. So you never know. Terminated for misconduct (when you really did it!) is the only kind of termination you should worry about in future job interviews.

And for gosh sakes DO NOT RESIGN to "protect your future reference" or any such trash as this that the employer might try to get you to do. They have their minds on the bottom line, not making things work for you. If they would give you a sabbatical, that'd be lovely for you, but they sure don't have to by law, and probably will not. For many reasons, one of which is that if you are out of work under these circumstances, you are eligible for unemployment benefits, and that hurts their bottom line a little. But they cannot demand that you do not sign up for them. That is quite illegal for them to do, and you would be dumb to cooperate with that sort of idea from the employer.

If you are let go when your FMLA runs out, then you can file for your unemployment insurance. Do this immediately, even though you are not able to work again at this time. This will set up your claim, you have wages in the quarters to lock in a claim for benefits for a year. (If you waited six months or so down the road to file the claim, your quarters would have passed and you might not have enough quarters with money in them to set up a claim) Unemployment insurance eligibility runs out after a while of no work, so it is not a "last ditch" thing you do like filing for welfare programs. It is an insurance due to being put out of work through no fault of your own. This is what is happening to you, because you must care for your mother and there is no other way to deal with her illness, no one you can get to help you with her care so that you can continue to work at the job you now have.(I assume you've looked into all these other options before allowing your employers to terminate you, right?)

In your particular state, in your particular circumstances, you may or may not be able to being drawing unemployment insurance immediately. Having to leave work to care for a sick family member is not exclusionary in Michigan, but the "able and available and seeking full time work" may still be in force. File the claim and let them tell you.