Legal Question in Medical Leave in California

prolonged fmla

can fmla be prolonged for more than twelve weeks in a year?

Asked on 11/13/07, 10:46 pm

1 Answer from Attorneys

Alden Knisbacher Knisbacher Law Offices

Re: prolonged fmla

Depending on how your employer defines the "calendar year," in your employee handbook, you may be entitled to more than 12 weeks. If the definition does not use a "rolling" calendar year -- the "year" for purposes of FMLA could be calculated based on your date of hire, or on the calendar year -- and at the end of that year, you would get another 12 weeks. (Your employer might not be aware of the regulations that talk about the definition of a year for purposes of FMLA.) In addition, if you have a disabling condition, the employer might have to provide a further leave period -- beyond your FMLA entitlement (assuming that there is a set return to work date) as a reasonable accommodation for that disabling condition

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Answered on 11/14/07, 8:26 am

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