What are the 3 different kinds of leave with the FMLA?

Family and Medical Leave (FMLA)

Family and Medical Leave (FMLA)
Funeral Leave.
Government Contracts.
Holidays.
Jury Duty.
Personal Leave.
Sick Leave.
Vacations.

Does FMLA transfer from one job to another?

Yes. An employer can transfer an employee to an alternative position during intermittent or reduced schedule leave. FMLA regulation 825.204 applies. The position into which the employee transfers must have the same pay and benefits as the previous position, although the duties may be different.

Can you fire someone after FMLA leave?

An employer may terminate an employee regardless of FMLA leave status if there is a legitimate, nondiscriminatory reason such as: If an employee fails to meet the goals of a corrective action program designed to improve performance prior to leave, the employee may be terminated upon return from FMLA leave.

What happens if you go over 12 weeks of FMLA?

At the end of the 12 weeks, your employer must allow you to return to your job, or a job with equal pay and benefits. If your company designates you as a key, salaried employee, they can exempt you from the FMLA.

Can I collect unemployment if I’m on FMLA?

Generally no, you are not eligible for unemployment benefits if you take medical leave under the Family and Medical Leave Act and you cannot work. Thus, if you initiate FMLA leave and you are unable to work in any capacity, you are ineligible for benefits.

What is intermittent leave under FMLA?

The FMLA guarantees qualified employees up to 12 weeks of unpaid leave within a one-year period. Such intermittent or reduced-schedule leave is FMLA leave that an employee takes in blocks of time that are less than the full amount of the employee’s total entitlement.

How long is a job protected under FMLA?

12 weeks
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

What if I find another job while on FMLA?

The FMLA does not prohibit an employee from working another job while on FMLA leave. However, FMLA regulation 825.216(e) states: “If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave.

How long after returning from FMLA can you be fired?

Your employer may not terminate you if you are on FMLA leave as long as you don’t go over 12 weeks of FMLA leave per year. When you return from FMLA leave, your employer must employ you in your former position or one that is substantially similar.

How long is a job-protected under FMLA?

Can FMLA be extended longer than 12 weeks?

There is no formal provision in the FMLA for extended leave beyond 12 weeks. However, it is possible for workers to negotiate an extension on a case-by-case basis by discussing their situation with their employer and requesting additional unpaid leave during a family or medical crisis.

What happens if you run out of FMLA time?

Basically, as long as you return to a job as good as the job you’d held before taking leave, your employer has complied with the FMLA. Once those twelve weeks are used up, the employee is no longer protected by FMLA and may be terminated for absenteeism if he or she misses work, even for health-related reasons.