Legal Question in Medical Leave in Florida
FMLA exhausted
If an employee exhausts his fmla allotment for the rolling year, does he (1) have to re-establish eligibility and (2) get a new certification in order to begin using fmla again?
Asked on 2/11/09, 3:07 pm
1 Answer from Attorneys
Bob McCormack
Lewis Brisbois Bisgaard & Smith LLC
Re: FMLA exhausted
It is not required that an employee re-establish eligibility. The employee will automatically be eligible to receive FMLA once that employee accrues such leave in accordance with the governing regulations. New certifications can (and should) be required for each event of qualifying leave taken by the employee. This has no bearing on where the event lies within the rolling calendar year.
Answered on 2/12/09, 8:22 am
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