Q & A Session – Taking FMLA Leave Twice in One Year


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


If I use the Family and Medical Leave Act (FMLA) to have a total knee replacement in 2011, do I have to wait a full year after my return for FMLA coverage on my other knee?


You are entitled 12 administrative work weeks in a year. The year starts when you first use FMLA and one year later you are entitled to another 12 weeks.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

1 Comment

  1. Can a man be eligible for FMLA if wife is pregnant, she has no driver’s license and he has to drive her to and from doctor’s appointments, and his work will not let him take the required time off once a month for an afternoon to do this?

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