Employment Law Questions? Ask an Employment Lawyer.
Hello! I am a licensed attorney, admitted to practice in state and federal court. I have aAs you know, employees are allowed up to 12 weeks of unpaid leave under FMLA. It is up to the employer how much time the employee generally needs and must base their decision on the circumstances that resulted in the FMLA. Accordingly, if the employee is otherwise eligible for FMLA, and the employee’s physician only recommended 8 weeks of off time, then the employer is not obligated to provide any more than 8 weeks, but may choose to do so if they wish.
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