Have been on fmla for 10 weeks my job called and said i have no more fmla i have to resine can they do that.

Question

re-sine. i will not lose my disability but it is like i quit.

Answer 1

The law says you have up to 12 weeks.  After that, you must return to work or you can be let go, unless you're covered by a union contract that says otherwise.

Answer 2

It's 12 weeks, not 10, that is mandated by FMLA.  But that's in a year - if you had 2 weeks FMLA leave earlier, then were back at work for awhile, then off 10 more, you are out of FMLA time.  And that year isn't just a calendar year, can be a rolling year (so if you had 2 weeks FMLA leave late last year that would count).

Answer 3

Nope.  12 weeks.  It's amazing how few people in HR have math skills.

Answer 4

what disability?

if you do not intend to return they do not have to keep you on leave.

you are allowed a total of 12 weeks per year if you qualify and if you intend to return to work, the employer does have the right to check on your progress and if you are drawing disability it would seem you have no intention or ability to perform the essential duties of the job.

http://www.dol.gov/compliance/laws/comp-...