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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116140
Experience:  20+ Years of Employment Law Experience
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I am on FMLA would you be able to answer questions about how

Customer Question

I am on FMLA would you be able to answer questions about how it works?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under FMLA, you are entitled to 12 weeks of leave in any rolling 12 month period. This means that if you used 8 week of leave and then come back several months later, you have only 4 weeks of leave remaining under FMLA under the rolling 12 month period. So if you exceed that 12 weeks and cannot return to work, the employer has the option to return you to work or can terminate you once you go beyond that 12 weeks of leave. After the 12 weeks, the employer has no legal duty to keep you employed or allow you to return to work.
If the employer terminates you because you could not return in 12 weeks, then when you are able to return to work, you can file for unemployment as your termination was not through any fault of your own and collect unemployment.
As to whether or not your employer WILL terminate you or will keep you employed, that is solely up to the employer's discretion after you have exhausted your 12 weeks of FMLA leave in any 12 continuous month period.
Customer: replied 1 year ago.
If the employers year starts in January do they count the number of days inn December that I was out?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
For FMLA it is NOT a calendar year unless the employer says it will be. For FMLA it is any "rolling 12 continuous month period" So if you took leave in December 2015 and returned February 2016, then your 12 month period does not end until February 2016 to finish using the 12 weeks.
Customer: replied 1 year ago.
But if February 2016 is the ending date for the first 5 weeks then I took it again in April 13, 2016 what does that mean
Customer: replied 1 year ago.
Does it mean in Feb. 2016 I had already exhausted the time limit
Customer: replied 1 year ago.
IF THEY TERMINATE MY POSITION FOR BEING OUT ON FMLA DOES THAT MEAN I AM NOT eligible for unemployment?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If your 5 weeks ended in February, you had 7 more weeks to take between February and the following February, 2017. So if all you took was 5 weeks up to February 2016, then you can still take up to 7 more weeks and they cannot fire you and have to reinstate you to your job.
If they terminate you from your position because you exceed the FMLA time and still could not return to work, you would be eligible for unemployment benefits only when you are actually able to work. So yes, when you are able to work, you would be eligible for unemployment if fired for this reason.
Customer: replied 1 year ago.
Thank you
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
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