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Roberts v. The Health Association, 2d Circ., No. 07-3553-cv, February 3, 2009

Articles Discussing Case:

An Employee Who is Unable to Return to Work After 12 Weeks of FMLA Leave No Longer Has the Protections of That Act.

Ogletree Deakins • February 18, 2009
The Family and Medical Leave Act (FMLA) generally provides 12 weeks of unpaid leave during a 12-month period to an eligible employee suffering from a serious health condition. An employee who takes FMLA leave is entitled to be restored to the job he or she held at the time the leave commenced, or to an equivalent position. If, however, the employee is unable to return to work at the end of that 12-week period, he or she is no longer protected by the FMLA.