Georgia  |  Medical Leave

Legal Question

Asked on: 12/25/12, 1:47 pm

I HAVE RETURNED FROM knee SURGERY and I was out six weeks and NOW I NEED A SURGERY FOR A TORN ROTATOR CUP which will take 10-12 weeks of recovery that is more than 12 weeks for my job to be secured is this correct? Are they a waiting period for 1 year before I can claim F.M.L.A. AGAIN FOR THE ROTATOR SURGERY?

1 Answer


Answered on: 12/25/12, 3:05 pm by Gregory Fidlon

The FMLA permits up to 12 weeks of job protected leave for covered conditions in any 12-month period. For example, if the employee took FMLA leave from 11/1 - 12/13/12, the employee has used 6 weeks and has an additional 6 weeks of FMLA leave remaining until 12/13/13, at which point the employee will have another 12 weeks of FMLA leave available.


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Law Offices of Gregory R. Fidlon, P.C. 1200 Abernathy Road, Bldg. 600, Suite 1700 Atlanta, GA 30328

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