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Family Medical Leave Act
Jun 11, 1998

I was diagnosed with AIDS in 12/97. In 2/98 I went out of short term disability from my company, because I was having a hard time adjusting to the medicines and dealing with my emotions. When I went out the attendance manager gave me papers to fill out for disability and FMLA.

It was my understanding that the FMLA was for when I returned to work, if I needed to use it. But, I found out that they have been using the FLMA time along with by disability. When I spoke to someone in HR to ask why would I be using both at the same time and they said that is how the FMLA works. In the meantime, the company has been bought by another company, and when I return I will be an employee of another company. HR says I cannot apply for FMLA under the new company they will just use any remaining time I have left. But, I have been out since February and it will probably be at least another month before I go back, so I will have used up 12 weeks. Is there any way I can find out if they are administering the FMLA correctly, because this does not seem right to me.

Response from Ms. Franzoi

Family Medical Leave Act

It sounds like the company is administering the FMLA correctly. The FMLA period does run simultaneously with an employee's sick leave. The 12 week period can be taken continuously or, under certain circumstances, intermittently. In an acquisition situation as you described, the new employer would start counting from the original date of your FMLA leave with the seller. The only thing you could check would be to see if there is any law in your state that provides for a more generous leave period (this is true with respect to certain states) and if so, you might be eligible for a longer period of leave.

Lynn Franzoi



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