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 on leave. The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. In North Carolina, workers may be eligible for up to 12 weeks of unpaid leave in a 12-month period, plus an additional 26 weeks of unpaid leave for military related family leave. If you already used some of your 12-week period of FMLA leave and you need more time off for the same reason, you may be able to take additional FMLA leave. However, this additional leave is not an automatic right. Your employer must approve the additional leave and can only do so if you qualify under the FMLA, and if you have sufficient leave remaining in your 12-month period. So, it is important to contact your employer and discuss your options and eligibility if you think you need to request additional FMLA leave. Your employer should provide you with the necessary paperwork and instructions to apply for the additional leave. If you do not meet the FMLA’s eligibility requirements, or if all of your 12-week FMLA leave has already been used, then you may have to take vacation time or unpaid leave outside of the FMLA framework.
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