Do I have to take FMLA leave in one continuous block?

No, you don’t have to take FMLA leave in one continuous block. The federal Family and Medical Leave Act (FMLA) allows employees in New York to take up to 12 weeks of unpaid leave for certain family and medical reasons, such as the birth or adoption of a child, or to care for a family member with a serious health condition. In New York, there are also extra protections to cover domestic violence survivors and victims of workplace sexual harassment. Under the FMLA, an employee may take leave in one continuous block, or they may break up the total 12-week leave into smaller blocks. However, the employee still only has a total of 12 weeks of leave. For example, an employee could use four weeks of leave at the time a new baby is born, then take another four weeks of leave a few months later, and then take the last four weeks of leave when the baby is a few months older. The employer must keep records of the employee’s FMLA leave, including the dates of the leave and how much leave the employee took. The employer cannot make the employee work during the leave period, and the employee may be required to use any accrued vacation or other paid leave at the same time as their FMLA leave. The FMLA also requires employers to give employees their job back when their leave period ends. The employer must also give the employee any associated benefits they had before they began their leave. If the employee is unable to return to their job, their employer may be required to provide another appropriate job.

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