Legal Question in Medical Leave in Oklahoma
Can you ''renew'' your FMLA?
If I start a FMLA in Sept. 2008 because I am ill but I do not use all 12 weeks, can I ''renew'' my FMLA again in Sept 2009 if I am still not well?
1 Answer from Attorneys
Re: Can you ''renew'' your FMLA?
The FMLA time off period is available every year. An employer can set its system up so that the one year period is fixed (eg, January 1 - December 31), or it can make the one year period begin on the first day an employee takes FMLA (eg, if you took your first day of FMLA on Sept. 1 2008, then on Sept. 1, 2009 you would start a new 12-month FMLA period).
There are some details and fine points in FMLA that can be confusing; both employees and employers can sometimes get it wrong. Employees are generally legally entitled to FMLA benefits, and employers have a legal duty to provide FMLA benefits. If you or your employer have FMLA questions, an attorney should be able to help you out. If you believe your employer is denying or interfering with receiving the benefit, you should contact an attorney for help.