San Jose Employment Lawyer Explains Whether FMLA Can Be Extended Beyond 12 Weeks

The employment lawyers at D.Law receive a lot of questions from California workers regarding their rights, including protected leaves. A common one they hear is. “Can FMLA be extended beyond 12 weeks?” Employees seeking extended leave options beyond the Family and Medical Leave Act can find answers from D.Law, a leading employment law firm serving San Jose. 

Understanding Medical Leave Options in California

The FMLA allows eligible employees to take up to 12 weeks of leave from work over the course of a year. Employees can either take this time consecutively or intermittently. Given that the Family and Medical Leave Act is a federal law, workers in all 50 states may receive unpaid leave without fear of losing their jobs. 

California has legislation regarding an employee’s medical leave. The California Family Rights Act also offers 12 full work weeks of job-protected, unpaid leave that workers can use over the course of a year. 

Is an FMLA Extension Possible for San Jose Workers?

Can FMLA be extended beyond 12 weeks? The legislation doesn’t call for any specific extensions. However, workers may discuss their options with a San Jose employment lawyer if they require additional leave. 

Potential avenues for time off include:

• A change in circumstances: Perhaps a worker uses FMLA to care for an ill family member. If they welcome a new child into their family, they could apply for CFRA leave for that reason. 

• Disability leave: Those who face serious health conditions may explore whether they’re eligible for disability leave.

• Reasonable accommodations: Individual employers may accommodate their staff who need extra time off or have to adjust their working conditions. 

Defining Reasonable Accommodations for Employees

Ask a legal professional, “Can FMLA be extended beyond 12 weeks?” and they may say that extensions are available on a case-by-case basis. It’s generally up to an employer whether they can grant their staff additional unpaid time off to handle family and medical situations. 

Employers don’t have to move forward with this route if their accommodations would cause undue hardship. To determine this, employers must consider the cost of the accommodations, their impact on the rest of the facility, and the nature of the work. 

In some cases, granting additional leave could be more of a hassle to employers. For example, if losing an employee for 12 more weeks would greatly impact the business’s operations, an employer might not accommodate the request. However, if the worker asks for only two more weeks of unpaid leave, it could be a reasonable accommodation. 

Consult a San Jose Employment Lawyer for More Information

Can FMLA be extended beyond 12 weeks? The federal law doesn’t call for extensions, but workers may receive additional time off at an employer’s discretion. D.Law’s legal team understands the rights to protected leaves and assists workers dealing with employment issues, such as discrimination, harassment, and more. 

The firm has offices throughout the state, and the counsel has more than 350 years of combined experience. To learn more about D.Law’s services, contact their San Jose office at (408) 872-9877. 

Contact Information:

Davtyan Law Firm, Inc.

400 N Brand Blvd 7th Floor, Glendale, CA 91203
Glendale, CA 91203
United States

Emil Davtyan
(818) 875-2008
https://d.law/