Legal Question in Medical Leave in New York

Exhausting FMLA

I coordinate FMLA for a company with over 100 intermittent leaves on file. If I have an employee with an approved intermittent leave for condition 1 and the same employee goes out for condition 2 and exhausts FMLA in that new leave, what then happens to the approved intermittent leave for condition 1? Does that leave now end due to exhaustion of benefits? We are on a rolling backwards calender, therefore the employee may regain time later. Would we be required to re-check eligiblity upon restoration of leave time?


Asked on 10/09/07, 11:29 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Exhausting FMLA

It makes sense that you should recheck elligibility, but I think you are asking about the sum total benefits in a given calendar year: if the statutory requirements have not been exceeded in condition 2, then I think they would apply to condition 1.

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Answered on 10/09/07, 11:53 am


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