Hello,

If you breach your lease, the landlord would have a "duty to mitigate" by putting the unit back on the market as soon as it is in rentable condition to cut his potential losses. This includes advertising the unit and showing it to any prospecive tenants. He would have an action against you for any lost rent until he was able to rent it again. You might be able to talk to the lanlord, explain you situation and agree to some sort of liquidated damages (maybe a month's rent in advance) to release you from the remainder of the lease. Make sure to get everything in writing if he agrees to protect against any future claim.



Under the FMLA covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.

Question: How is the 12-month period calculated?

Here are four possible answers:

the calendar year;
any fixed 12-month "leave year," such as a fiscal year, or a year starting on the employee's "anniversary" date;
the 12-month period measured forward from the date any employee's first FMLA leave begins; or
a "rolling" 12-month period measured backward from the date an employee uses FMLA leave.


So you would have 6 weeks left in the 12 month period and then another 12 month period could start from the time you first took leave depending on how your employer calculated it. You would need to check with the employer to see which method they use.



In North Carolina if you voluntarily resign due to having to care for a parent, that would not disqualify you from collecting unemployment as long as you notified the employer in advance.

Where an individual leaves work due solely to a disability incurred or other health condition, whether or not related to the work, he shall not be disqualified for benefits if the individual shows:

a. That, at the time of leaving, an adequate disability or health condition of the employee, of a minor child who is in the legally recognized custody of the individual, of an aged or disabled parent of the individual, or of a disabled member of the individual's immediate family, either medically diagnosed or otherwise shown by competent evidence, existed to justify the leaving and prevented the employee from doing other alternative work offered by the employer which pays the minimum wage or eighty-five percent (85%) of the individual's regular wage, whichever is greater; and

b. That, at a reasonable time prior to leaving, the individual gave the employer notice of the disability or health condition.

Thanks.

Matt

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