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accrued sick time and the family medical leave act Rhode Island

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  • accrued sick time and the family medical leave act Rhode Island

    hi, any advice. I have over 140 days of accrued paid sick time. While out on my sick time my employer
    notified me i was being placed on the family medical leave act. Do they have the right to terminate my
    employment after 12 work weeks. I have 140 sick days built up and I am looking at an operation which
    will take me over the allotted 12 weeks. Will I be terminated while I am recovering? I thought the
    family medical leave act took effect after you used your built up sick time. I have to be sure before
    this surgury.

  • #2
    You are mistaken. FMLA takes effect the first day you are out. Sick days provide no job protection. Repeat - NO job protection. ONLY FMLA provides job protection, and sick time can and does run concurrently with FMLA. Regardless of how many sick days you may have, your job protection runs for 12 weeks and not a day longer. On week 13, day 1, your employer may legally terminate your employment if you are unable to return to work, no matter how many sick days you may have available.

    I don't know if you WILL be termed at the end of 12 weeks. Many employers, including my current one, will hold your job for considerably longer than that. One place I worked for would hold your job for up to a year. But your employer MAY terminate you at the end of 12 weeks, EVEN IF you have additional sick time available. Only your employer can say if you WILL be termed when FMLA runs out - we can only say that you CAN be termed when your FMLA runs out.
    Last edited by cbg; 03-16-2012, 07:18 PM.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Originally posted by cbg View Post
      ONLY FMLA provides job protection, and FMLA can and does run concurrently with FMLA.
      I'm not sure but I think cbg might have meant sick time can & does run concurrently with FMLA (or something of that sort).
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Betty is, as always, correct. It's been a very long week. I've corrected my typo. Thanks, Betty!
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          It must be one of those TGIF days for you.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

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