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What Happens When My 12 Weeks of FMLA Are Exhausted
The Family and Medical Leave Act (FMLA) is a federal law that entitles eligible employees to take unpaid, job-protected leave for certain family and medical reasons. FMLA leave is available for up to 12 weeks in a 12-month period. But what happens if you exhaust your 12 weeks of FMLA leave? Here’s what you need to know.
If you have exhausted your 12 weeks of FMLA leave, you may be eligible for other types of leave, such as short-term disability leave or workers’ compensation. You may also be able to negotiate an unpaid leave of absence with your employer. However, your employer is not required to grant you additional unpaid leave.
Continuation of Health Insurance Coverage
Under FMLA, your employer is required to continue your health insurance coverage during your leave. However, you may be required to pay for your health insurance premiums during your leave. If you do not pay your premiums, your health insurance coverage may be terminated.
Return to Work
When you return to work after your FMLA leave, you are entitled to be reinstated to your former position or an equivalent position. Your employer cannot retaliate against you for taking FMLA leave. If you believe that you have been discriminated against because you took FMLA leave, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
Tips and Advice for Employees
If you are about to exhaust your 12 weeks of FMLA leave, here are a few tips to help you plan for your return to work:
- Talk to your doctor about your medical condition and when you expect to be able to return to work.
- Contact your employer to discuss your return to work date and any accommodations you may need.
- If you are unable to return to work immediately, explore other options such as short-term disability leave or an unpaid leave of absence.
It is important to remember that FMLA is a federal law that provides important protections for employees. If you have any questions about FMLA, you should contact your employer or the EEOC.
FAQs on FMLA Leave
Q: What is the maximum amount of FMLA leave I can take?
A: You can take up to 12 weeks of FMLA leave in a 12-month period.
Q: What are the qualifying reasons for FMLA leave?
A: You can take FMLA leave for the following reasons:
- To care for a newborn child
- To care for an adopted child
- To care for a seriously ill family member
- To recover from a serious illness
- To attend military deployment
Q: Do I have to pay for my health insurance premiums during my FMLA leave?
A: You may be required to pay for your health insurance premiums during your FMLA leave. If you do not pay your premiums, your health insurance coverage may be terminated.
Q: What happens if I am unable to return to work after my FMLA leave?
A: If you are unable to return to work after your FMLA leave, you may be eligible for other types of leave, such as short-term disability leave or workers’ compensation. You may also be able to negotiate an unpaid leave of absence with your employer.
Conclusion
FMLA is a valuable law that provides important protections for employees. If you have exhausted your 12 weeks of FMLA leave, there are still other options available to you. It is important to talk to your doctor, your employer, and the EEOC to learn more about your rights and options.
Are you interested in learning more about FMLA?
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