FMLA clarificaton

Kolette

Just need a clarification - A person only gets 12 weeks of FMLA in the 12 month period even if there are separate incidents of incapacity - RIGHT? For instance if someone is out for six weeks for a heart attack and later in the same 12 mo. period, their parent needs assistance with a major surgery, they can only get up to six weeks for that - RIGHT?

dbutton111

Yes, that's correct.

Irie

Yep - 12 weeks in a 12-month period ~ period.

ACU Frank

For added confusion, read the new regs on Intermittent Leave.

HR Jones

Since it is a different reason for leave, you are also able to re-check their eligibility to see if they worked the required 1,250 hours.

jimbomt

<<<Since it is a different reason for leave, you are also able to re-check their eligibility to see if they worked the required 1,250 hours.>>>>

HR jones, are you saying that an employee has to satisfy the 1,250 hours for each separate incident, after the first and before the second occurred?

HR Jones

Not for separate incidents for the same health condition; but yes, an employee has to satisfy the 1,250 hour requirement if they are requesting leave for a different health condition/reason, even if it is in the same year.

dusty moshier

Be aware also of the amendment providing up to 26 weeks for service members with a serious health condition. The 12 weeks for the other categories are included within this 26 week provision, but this 12 month period runs from the commencement of this leave, and the other categories of FMLA leave may have different starting points for the 12 month period depending on the method your company has selected.