FMLA - Exhausting DC FMLA Leave Entitlement

[Guest kisgar]

This question relates specifically to the administration of DC FMLA under which employees are eligible for 16 weeks of leave in a 24 month period. We use a rolling-back method. We have an employee who's medical issue started on August 14, 2003. Over the last 24 months, she used her 16 weeks of FMLA intermittently for a health issue. She exhausted her leave on August 17, 2005. How should her leave entitlement be evaluated at this time to provide her additional protected leave? The medical issue has not been resolved, and she is still looking to use intermittent leave.

[jsb]

What is "DC FMLA", and why only 16 weeks of entitlement? It is not at all difficult to arrive at 24 weeks of federally protected FMLA in a 24 month period, so I am curious about this restriction.

[oriecat]

DC FMLA is like the state equivalents, but for DC. It applies to employers with 20 or more employees. I would assume that since the OP didn't bring up FMLA, that they must have between 20 and 50 employees, but it would be good to have that clarified, to make sure there is no fedFMLA entitlement.

But assuming federal doesn't apply, I don't understand the original question. If she used for 16 weeks, then her legal entitlement is used up and she has no more protected leave. You can certainly go beyond the law, but then should be prepared to do that for other employees who also use up their protected leave. Of course since you are using a look back period, you could check every day and she may then have leave available as the used days fall out of the lookback.