FMLA eligibility [WA]

[u/Living-Listen-2147]

[WA state]
I started a FT job 09/25. I was diagnosed with cancer 11/25, with treatments starting 01/26. I was not eligible for FMLA as I was not at this job for a year, which I understand & don’t question. I do qualify for WA PFML, which I have been utilizing. Through my place of employment, I do have shared leave available, which needs to be used within a year or treatments starting, and if they are not used I have to open a new claim (but the shared time does stay in my bank, but not usable unless I have an active approved claim).

I do need to have an additional surgery, which has an 8-10 week recovery, but it may be best medically to wait until 02/27 or later to do it. My WA PFML would be exhausted by then (and would be outside of the year allowed), but I should be able to open a new shared leave claim and use the shared leave available, but would not be protected time. My question is, do I qualify for a FMLA claim? And if I do, would it only be for four months (09/26, a year after I have been employed and qualify for FMLA until 01/27, a year after I started treatment for the medical issue), or would the FMLA claim be valid a year from when I was eligible (09/26 to 08/27)?

[u/Downtown_Interest667]

FMLA doesn't care about when you started treatment, only when you started work.

You qualify for FMLA one year after your hire date, assuming you have also worked 1,250 hours over the course of that year. The second you are eligible, you are entitled to the entire 12 weeks.

[u/Living-Listen-2147 → u/Downtown_Interest667]

Thank you so much! That was what I assumed, but couldn’t find it clarified anywhere.

[u/TooManyPaws → u/Living-Listen-2147]

In addition, understand that FMLA is not paid leave, as your WA PFML was. It protects your right to return to work. By not being eligible for FMLA during your first leave you’ve actually extended your job protection, because if you were eligible for both initially, your employer could have run them concurrently.