How Long Is Job Protected After FMLA (And Why)?

Exact Answer: After 12 Weeks

Health is one of those factors which comes under the most priority sectors in human life. If one’s health is not well and good, then one is not going to serve his duty regularly. But what if health comes in between your duty.

To get leave and get medicated to be healthy, and again rejoin to the work without getting fired from the job, an act was formed by the government to provide justice. This act is known as FMLA. It is also known as the job-protected leave which is given every year. It also provides health benefits during the leave.

How Long Is Job Protected After FMLA?

Reasonable Unpaid Leave Per Person12 weeks
Family and Medical Leave Act Formed1993

A span of three months or a quality period of 12 weeks is provided, under the FMLA. The Family and Medical Leave Act is perfectly designed to maintain a healthy balance between their work and family responsibilities. It allows them to take for certain family and medical reasons, undertaking reasonable unpaid leaves.

This act was formed in the year 1993, under a long title of, an act to provide family and temporary medical leave over certain circumstances. It covers some eligible employees to regain their mental stability, taking a season break from their mundane routine. But it is also possible that one can come back to his work if he gets exhausted in between the FMLA leave. Or it is also possible in some cases that, one can work part-time routine if they want to, or in a work from home basis.

One may also choose to quit his or her job if he or she is not interested to come back to that present work. But this might get a little awkward if someone is under some strict contract. However, this FMLA leave gets rescheduled or reset every next year. But to get it again, the individual should renew it using another fixed 12-month period, or such as the company’s fiscal year.

Hence, it’s 12 weeks period, which the government act provides to the employees to get a break from their daily routine. It can be gained by showcasing any medical or family reasons like maternity or paternity leave. But there are no plans by which one can extend this leave from utmost 12 weeks.

Why Is Job Protected For So Long After FMLA?

Being health on the topmost priority in life, it’s quite usual to get a reasonable temporary leave, when interested. Supporting this matter, the government passed a bill naming the Family and Medical Leave Act in the year 1993. Mental health is one of that most underrated part which we often avoid in our daily life. We always think it’s just a little work pressure or mere indigestion which is stressing out our head. But it is not really like that. We need to focus on our mental stress as well. And, some serious mental problems like anxiety disorder also get a place in this FMLA list.

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One can easily take a temporary leave sitting the prescription from a practicing doctor. If one gets prescribed, then it is compulsory to provide the FMLA leave for the utmost of 12 weeks. These 12 weeks may get lessened to a lesser number of days if the employee gets better with the time. With all this, it is also necessary to keep in mind that, this leave span of 12 weeks cannot be extended to any further date. However, if the company allows studying the case of the employee, then only one can get his leave extended.

Hence, it is really necessary to take a break from the daily mundane routine, to get a better phase in life. This all gets included in the FMLA leave, but it should be a serious and considerable leave, by which one can apply for it. Although it would be unpaid leave, it is assumed that the one will not get fired from the job.

Conclusion

This leave is calculated on the number of days of leave taken by the employee divided by the number of working hours of the employee. However, in the case where the employee would not have appealed for any leave then, the leave time may get extended a little, concerning the company.

If one wants, he can also apply for any other jobs and can also give interviews, in between the break. Though the leave itself doesn’t prohibit or allow this, one can also act upon this if interested. Hence, these 12 weeks is the total period one can get showcasing any family or medical cause. But, positively nothing particular is prohibited or allowed to one and he can choose to work within it or can just focus on regaining his health.

Reference

  1. https://link.springer.com/article/10.2307/2648104
  2. https://academiccommons.columbia.edu/doi/10.7916/D8WS92ZT/download