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FMLA and Unemployment
Benefits & Compensation
FMLA and Unemployment
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I have a pregnant employee who was in a serious car accident.  She has been on FMLA due to her injuries.  She will only have another 2 weeks of FMLA left when her baby is born.  If
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Re: FMLA and Unemployment

posted at 4/17/2013 11:58 PM EDT on Workforce Management
Posts: 15
First: 4/11/2013
Last: 5/8/2013
In Response to Re: FMLA and Unemployment:
In our company we allow employees to continue being on leave even after they exhaust their FMLA. They go on STD after 5 business days and LTD after 6 months. If they cannot return to work after 1 year they are terminated. (For pregnancies it is the usual 12 weeks max). So in this case they could take time off to have their baby (even if FMLA was exhausted) but they have to return per DOctor's orders. IF they want more time off to bond with baby that is up to the SUpervisor's discretion (depening on business conditions) and NO PAY.  
Posted by evabraham

Your company sounds like more the exception than the rule, but I could be wrong; there may be a number of companies that offer a similar leave policy. 
My guess would be that your company's leave policy predates FMLA and one of the provisions of FMLA is that a company could not use FMLA as the basis for rolling back existing leave policies.  I am also guessing that your company has a significant number of employees and therefore there are more employees available to backfill positions that are vacant for up to one year. 
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