When to retroactively designate FMLA leave for surgery?

In this situation, often the employer has no idea that the absence might be FMLA qualifying until later—when FMLA is actually requested for the bigger, related event, such as for surgery. In fact, this situation is often discovered on the FMLA medical certification.

How many weeks of unpaid leave do you have under FMLA?

The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.

When does my 12 weeks of FMLA leave renew?

In this system, the 12-month period officially begins on the first day an employee takes FMLA leave. The employee has 12 weeks of leave, total, to use during that 12 months. Then, if an employee needs FMLA leave after the initial leave year ends, the employee’s next leave year begins on the first day of the employee’s next FMLA leave.

Can a company deny you FMLA leave if you have already used it?

If you are an eligible employee who has met FMLA’s notice and certification requirements (written information from your doctor), and you have not already used up your FMLA leave for the 12-month period, you may not be denied FMLA leave.

In this situation, often the employer has no idea that the absence might be FMLA qualifying until later—when FMLA is actually requested for the bigger, related event, such as for surgery. In fact, this situation is often discovered on the FMLA medical certification.

The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.

What are my rights when I return to work after FMLA?

If you are eligible for FMLA leave, you do have certain rights when you return to work. The rights include getting your old job back, or one that’s similar in title, duties, and pay. An employer can choose to offer medical leave even if they don’t have to legally provide it.

In this system, the 12-month period officially begins on the first day an employee takes FMLA leave. The employee has 12 weeks of leave, total, to use during that 12 months. Then, if an employee needs FMLA leave after the initial leave year ends, the employee’s next leave year begins on the first day of the employee’s next FMLA leave.