If I am already out on FMLA leave, can I take additional FMLA leave?
Yes, you can take additional FMLA leave if you are already out on FMLA leave in New York. Under the Family and Medical Leave Act (FMLA) of 1993, an employee is entitled to up to 12 weeks of unpaid, job-protected leave in a 12-month period if they are eligible. The 12 weeks of FMLA are usually taken all at once, but they can be taken intermittently or on a reduced schedule. In New York, employees can take additional FMLA leave if a serious medical condition arises that is not covered by the original 12 weeks of leave. In order to be eligible for additional FMLA leave, you must meet the same eligibility requirements as the original FMLA leave and your employer must also approve the additional leave. Additionally, there may be additional state or local laws that apply for additional FMLA leave. If you take additional FMLA leave, you will still be able to return to your job and will have the same job rights and benefits as before your leave.
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