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seems like the only way out afaik: and you get paid for the 3 months on fmla at whatever rate the company plan pays. you could go on 3 months fmla and then maybe based on your situation and needs get back to work.
not trying to lecture and i don't know your or your employers background - but a little faith that people are trying to help within their limits sometimes helps .. don't take on the additional stress of things not in your control. good luck! Quote:
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Just my 2 cents.
Your case is very much valid and the answer depends on state as well as each state laws are different. But whatever may be the case you can take FMLA which is UNPAID and you dont get any benefits from the company like medical insurance, vacation accrual, 401k etc. Also FMLA there is no guarantee that your position will be saved, it can be given to someone else if the company has a need to fill that position. So in short you can take FMLA as long as you need for recovery (Doesnt mean years to gether max i have seen is 4 months) provided your company is ready to hold the position and get back to work. Just a FYI... My wife did the same and she is getting back to work this month. She took FMLA for 4 months. We went to india and got the visa stamped no questions asked. They asked for my child's proof just to verify that indeed she delivered and letter from HR/manager approving the FMLA with an end date stating that she can join back. In any case our EAD/AP was on the way but still had to get it stamped. I hope this helps. But remember each case is different and each company is different. As a note at the end : (Always consult an attorney or HR personnal who can give more information) |
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