QUESTION

Is it true that if I only use 35 hours of FMLA last quarter, it will not be used towards my total hours and I will lose my benefits and shift?

Asked on May 09th, 2013 on Labor and Employment - Georgia
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2 ANSWERS

Law Practice Mgmt & Technology Attorney serving San Jose, CA
Partner at Peck-Law
1 Award
I'm not sure I understand the question, but the use of FMLA cannot be used as a negative factor in regards to your rights to receive the benefits of employment that you had prior to taking FMLA leave (intermittent or otherwise). You are entitled (under most circumstances) to reinstatement to the same or equivalent position - including reinstatement to the same benefits, terms and conditions of employment. (There are some exceptions in terms of accrued seniority, vacation, etc...) You are also entitled to continue on with your benefits throughout leave, although you would be also required to continue contributing to premiums etc during leave if you did so prior to taking leave. In sum, the use of protected FMLA leave cannot be used to reduce your benefits entitlements. However, it is hard to tell from your question just what the employer has done so as to determine whether your FMLA rights have actually been impacted. You would be well served with a consultation with a lawyer in this area to see what your rights and options are going forward, if for no other reason than to be educated as to your entitlements, protections and obligations in terms of further FMLA leave and other employment rights.
Answered on May 10th, 2013 at 11:54 AM

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I DO NOT THINK ANY OF THAT IS THE LAW, BUT I DO NOT KNOW ENOUGH FACTS TO GIVE YOU A RELIABLE ANSWER EMPLOYER IS FREE TO ADOPT RULES AND POLICIES, SO LONG AS THEY DO NOT VIOLATE THE LAW.
Answered on May 10th, 2013 at 11:53 AM

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