Content Overview 
- Overview
- Special Rules For Teachers and State Employees
- What If I Am Not Entitled To Leave Under The FMLA ?
- The Requirements To Qualify For FMLA Leave
- How Much Leave Am I Entitled To Under The FMLA? What If I Need More Time?
- What If I Don't Need A Full 12 Weeks Off, Or Need To Take Time Off on A Daily Or Even Hourly Basis?
- How Does The FMLA Relate To Other Time Off To Which I May Be Entitled?
- Is My Job Protected If I Take FMLA Leave?
- What About My Employer Benefits While On FMLA Leave?
- What About My Employer Benefits When I Return To Work?
- What Happens To My Employer Benefits If I Do Not Return To Work?
- What Information Can An Employer Ask For Under The FMLA?
- What Are My Responsibilities While On FMLA Leave?
- What Can My Employer Do To Check Up On Me While I'm On FMLA Leave?
- If Your Employer Asks For Recertification Of The Need To Continue To Take Time Off
- What If I Negotiate For Less Than 12 Weeks Off Under The FMLA, But Find I Need More Time?
- How To Negotiate For FMLA Leave
- Same Sex Couples
- What To Do If You Are Unlawfully Denied FMLA Leave
- What If A Benefit Such As Health Insurance Changes While I Am On FMLA Leave?
- What Are The Rules For Military Leave?
Family & Medical Leave Act (FMLA)
What If I Am Not Entitled To Leave Under The FMLA ?
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You have the following options if you are not entitled to FMLA leave:
- Your state may have a law that is more generous than the FMLA. In that case, your state law controls. To learn about your state law, click here.
- You may be entitled to leave as an accommodation under the Americans With Disabilities Act. Before you consider this option, think about whether the time you need is full time, or whether you can work part time – or even work from home for a while. If either of these scenarios is possible, you may receive some portion of your pay as well as the benefits that you did not receive during your FMLA leave. Be careful requesting a job accommodation that has you working less than full time after using all of your FMLA leave– you may compromise your eligibility for benefits, including both health insurance and disability benefits.
- Your employer may voluntarily give you the time you need.
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