1215-0181 Expires 073107-2025

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For the rolling backwards method, each time an employee requests more FMLA leave, the employer uses that date and measures 12 months back from it. An employee would be eligible for remaining FMLA leave he or she has not used in the preceding 12-month period.
Prohibited actions. An employee may not be punished for using FMLA leave.
FMLA abuse becomes FMLA fraud when it involves scams or forgery to obtain FMLA leave. For example, an employee who falsifies medical documentation to claim or exaggerate a health condition is committing FMLA fraud.
Unfortunately, there is nothing in the law that requires a doctor to fill out FMLA paperwork. Obviously, this puts your nephew in a tough spot. The best thing he can do is supply his employer with whatever medical documentation he can of his wifes migraine condition.
As long as your employer has enough employees, they are also required to reasonably accommodate your medical conditionsincluding by providing additional unpaid leave beyond the 12 weeks required by FMLA/CFRA. Your employer must provide additional leave unless doing so creates an undue hardship for the employer.
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Some examples of these types of actions include harassment, verbal abuse, and unfair treatment after you return to work. Your employer might mark your leave down as an unexcused absence or use it against you when deciding against promoting you.