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Jul26

definition of “extended leave”

What is the definition of “extended leave” under FMLA both for continuous and intermittent leave?

Extended leave is not a term that is used in the FMLA statute or regulations. From the point of view of federal law, there is no difference between FMLA that lasts for two hours and FMLA that lasts for 12 weeks.

There is no provision under FMLA for longer leave than 12 weeks, unless a member of the military or their family is involved. In that case, FMLA can last as long as 26 weeks — but the federal Department of Labor still does not refer to that as extended leave.

It sounds like this phrase is specific to your particular employer. We would have to know how it is used in contact to understand what the employer means. (In some cases, the employer may refer to extending FMLA when they merely mean that the employee has been approved for FMLA.)  

A few employers offer unpaid leave beyond the 12 weeks required under FMLA, and may call that extended leave.

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3 Responses to “definition of “extended leave””

  1. » definition of “extended leave” Human Resource Blog « Human Resources 123 Says:

    [...] more from the original source: » definition of “extended leave” Human Resource Blog Comments [...]

  2. Walter r. Jarrett Says:

    Is there a set time limit if the employee is not able to return to work after 12weeks of FMLA that the employer can extend the FMLA, How long can a employer extend FMLA to the employee ?

  3. hrlady Says:

    Hi Walter,
    A leave that extends beyond an employee’s FMLA leave entitlement is no longer considered FMLA leave. Whether an employer is required to extend an employee’s leave to a personal leave of absence depends on the situation and the employer’s policies.
    For example, when an employee exhausts his FMLA entitlement it must be considered whether the employee’s condition is a covered disability under the federal Americans with Disabilities Act (ADA). Let’s say an employee was on FMLA leave to receive chemo. He exhausted his leave but tells you he can return to work in a week. In this case, the extra week of leave is considered a reasonable accommodation under the ADA.
    As an alternate example: Let’s say an employee took FMLA leave in order to care for an ill family member. He exhausts his FMLA leave. He’s still caring for his family member and doesn’t know when he’ll be able to return to work. In this case, the employee is legally entitled to leave time. So, providing more leave time and the amount of such time is at the company’s discretion.
    HTH!

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