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Answers to tricky HR questions: Back-to-back FMLA absences

Jim Giuliano
by Jim Giuliano
June 2, 2009
1 minute read
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Our team of experts fields real-life everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: Do we have to do anything special when someone takes back-to-back leaves under the Family and Medical Leave Act?
Question
What happens when employees take FMLA leave for one serious medical condition, and then develop another illness while they’re out?
Answer
Their FMLA leave can simply be extended (with proper documentation, of course), says employment attorney Lawrence Peikes. The common situation comes up when an employee plans to be out for a few weeks for a surgical procedure and then needs another few weeks to recover from complications that develop; all count toward the 12-week allotment.
The key fact to explain to employees: They don’t get a new 12-week entitlement each time a new serious health condition pops up — whether the conditions are back-to-back or separate.

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