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Family Medical Leave Act Question Maine

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  • Family Medical Leave Act Question Maine

    I am seeking input or clarification on a discussion that I recently had at my work in regards to the Federal Family Medical Leave Act. Exempt non-union positons at my employment are governed by a personnel policy, that policy states that employees may accure up to 1300 hrs or 32.5 weeks of sick leave. It may be rolled over year to year. I was recently told that eventhough a person may have that much time on the books, per the FMLA, once a person is out for more than 12 weeks that person could still be let go eventhough they have more than 20 weeks left on the books.

    That does not sound accurate to me as I would think that the personnel policy would equate to some sort of implied agreement that if you have the sick leave on the books it will be honored if neccessary. I would appreciate any information or clarification on the matter

    Thank you.

  • #2
    What your company told you is entirely accurate. Federal FMLA is 12 weeks only per year. FMLA is, by definition, unpaid leave. Sick pay is how the employee gets paid while on leave. It does not extend job protection under the FMLA.
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    • #3
      FMLA is a federal law & provides unpaid job protected leave for only up to 12 weeks. It doesn't matter how much sick leave/time you have - your job is protected by law for a max. of 12 weeks.
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