Family Medical Leave Question

seeleyhr

Employee has used up PTO. We run the 12 weeks of FML from the date of the leave request for 1 year period. My question is, the employee just returned from surgery and came back. Now she has injured the arm and is off again. Do we have to start the 12 weeks over again from the new injury or can we tell her that the FML up is used for the year and she is not entitled to anymore. Can we then refill her position without guaranteeing her a job when she returns? She is a switchboard operator and we have to pull people from other positions to fill in.

PAhr

The employee only gets twelve weeks per year not twelve weeks per accident or illness. If she did not use all twelve weeks with her last accident, you must apply whatever time she has remaining. If all twelve weeks have already been used you should inform her that she has exhausted all her FMLA entitlement and you may not be able to assure the employee a position upon her return.

Whatever

What does your company policy state? FMLA gives 12 weeks for accident(s) or Illness(es)within a 52 week period. This is the minimum. Many companies are more generous. If states 12 weeks within a one year period than that is all the ee is entitled to.
I have never heard (but I do not know everybody)of an FMLA year commencing with the date of the request for the leave. Usually, it starts from the date that the leave begins.