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FMLA - ongoing health issue = multiple 12 weeks?
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FMLA - ongoing health issue = multiple 12 weeks?
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I have an employee whose father was critically injured in a car accident. The employee took 10 weeks off under FMLA at the time of the accident to return to India to care for him (his wife and another
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FMLA - ongoing health issue = multiple 12 weeks?

posted at 9/27/2010 1:50 PM EDT
Posts: 31
First: 8/4/2000
Last: 7/8/2011
I have an employee whose father was critically injured in a car accident. The employee took 10 weeks off under FMLA at the time of the accident to return to India to care for him (his wife and another sibling were killed in the crash). Assuming the father remains in critical care more than one year (he's been in a coma for over 3 months now), is an employee entitled to another 12 weeks of FMLA after 1 year? In other words, as long as the person is in need, the employee will receive 12 weeks of FMLA every year?

Tnx.
Bd
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FMLA - ongoing health issue = multiple 12 weeks?

posted at 9/28/2010 4:06 AM EDT
Posts: 46
First: 9/14/2005
Last: 5/23/2011
They still would need to qualify for the 12 weeks. They would have to work 1250 hours in the 12 months. Does your company have a unpaid medical leave? FOr employees who either ran out of FMLA or don't qualify i.e. not having a year in with the company.
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FMLA - ongoing health issue = multiple 12 weeks?

posted at 9/28/2010 9:15 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
You also need to consider which choice the company made in calculating the period.
(1) calendar year
(2) fixed 12 month period
(3) rolling 12 months that starts at the first day of the first leave
(4) rolling 12 months measured back from the date an employee uses leave

If you haven't selected one, then FMLA law requires you to apply the one most favorable to the employee. So it is always good to choose one ahead of time!

here's a good article that discussed the various options:
http://omwlaw.portal.acrosonic.com/ViewDocument.aspx?DocumentID=141
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FMLA - ongoing health issue = multiple 12 weeks?

posted at 9/28/2010 9:16 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
And another great blog about FMLA and choice of calculation method -- with a sample court case: http://federalfmla.typepad.com/fmla_blog/leave_year/
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