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We have an employee who just returned from FMLA and is requesting another leave. Since she just came back do we have to approve her second request?

The federal Family & Medical Leave Act (FMLA) entitles eligible employees of covered employers up to 12 work weeks of unpaid, job protected leave for specified family and medical reasons.

An eligible employee is one who has worked for a covered employer for at least 12 months, has at least 1,250 hours of service for the covered employer during the 12-month period preceding the leave, and works at a location where the covered employer has at least 50 employees within a 75 mile radius.

Eligible employees may take up to 12 workweeks of leave within a 12 month period for the birth or placement of a child, to care for oneself or an immediate family member with a serious health condition, or any qualifying exigency arising out of the fact that the employee’s immediate family member is a covered military member on active duty.

FMLA leave can be taken all at once, intermittently, or on a reduced schedule. Regardless of the reason or type of leave taken, an employee continues to remain eligible for FMLA leave as long as eligibility criteria are met or until the full 12 weeks of entitled leave within the established 12-month period are exhausted. So, for example, an employee takes 8 weeks of leave to care for her newborn. The employee returns to work at the end of her leave but, only a few days later, must have emergency surgery and takes the remaining 4 weeks of her FMLA leave entitlement to recover. This is permissible since the employee has leave time remaining.

The FMLA doesn’t stipulate a time frame between leaves. The eligibility for leave depends on the eligibility criteria and leave entitlement within the established 12 month period used by the employer.

This entry was posted on Saturday, September 12th, 2015 at 8:00 pm and is filed under
Benefits, Labor Laws.
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