Maximum FMLA leave days are set by the Department of Labor. Ever since the Family and Medical Leave Act was introduced, it hasn’t been changed.
All eligible employees regardless of the reason for their FMLA leave are able to use up to 12 weeks of FMLA leave. However, there are other things that apply to this 12 week period. A health care provider is also going to fill out the FMLA form the employee is using to request leave. The estimated or needed number of days for the employee to return to work is provided by the health care provider.
Assuming the employee uses just a couple of more days of leave than what’s entered on the FMLA form, it should be fine. However, if the health care provider entered — let’s say – 2 weeks but the employee hasn’t returned back to work for 3 weeks without any notice at all, it may be considered as taking advantage of the FMLA leave.
Having said that, using more FMLA than needed won’t result in you being fired since this is your right but it may point out some red flags to your employer. We suggest not using a lot more FMLA leave than what’s on your forms.
There might also be situations where you need more than 12 weeks of leave. This is then up to your employer to decide for this. It is best to speak about this to your employer to see if you can go on leave once your FMLA leave runs out.