(Closed) FMLA

posted 7 years ago in Pregnancy
Post # 17
Member
752 posts
Busy bee
  • Wedding: October 2011

I think what they are suggesting is fair and correct.  You are using “intermittent FMLA” now until you have the baby.  This allows you to take the time off without getting written up/fired for it.  Hopefully you get new sick time available to use at the beginning of the year?

I have a flexible work schedule so I am not impacted by the doctor appts, etc.  Plus I still have 8 days of sick time left for this year. 

Post # 20
Member
752 posts
Busy bee
  • Wedding: October 2011

@PrncssDva:  FMLA should run calendar year (don’t quote me tho…check with your HR rep and FMLA rules).  So if you start using FMLA today and use 1 week of it between now and the end of the year, then you should get a whole 12 weeks beginning January 1st. 

I definitely don’t think this is a bad thing.  If you are missing work and don’t have the sick time to cover it, then it’s in your best interest to use it. 

Post # 22
Member
10363 posts
Sugar Beekeeper
  • Wedding: September 2010

If they tell you it’s for your “job security” you could tell them you’ve lawyered up “for your rights”. Sounds like they either don’t understand the law, or don’t care about enforcing it properly.

Post # 23
Member
602 posts
Busy bee
  • Wedding: October 2010

So I emailed HR.  Anytime I do call out pregnancy related it counts toward those 12 weeks.  So schedule carefully I guess.  I mean I can still call out “sicK” and not have my MD write a note then it wouldn’t be FMLA just a normal absense.  She also said that FMLA is active for a year after you first use it,  she suggested that some people choose to not take the full 12 weeks after labor and save some days in case the baby gets sick / for doctors appointments.

Post # 25
Member
9134 posts
Buzzing Beekeeper
  • Wedding: November 2013 - St. Augustine Beach, FL

Most companies require you use up all of your sick leave and annual leave (or paid time off) before using your FMLA leave.  I don’t believe they can force you to use your FMLA leave before you run out of your other leave.  If they try to then speak to the HR Director and if they still say that is how it’s done then I would find other reasons for those pre-labor and delivery doctors’ appointments that are not related to pregnancy so I could use up my other leave first before dipping into FMLA.

FMLA does not restart on January 1st.  You can use a total of 480 hours of FMLA per every 365 days.  So if you start using it on November 20, 2012, you can only use 480 hours (that can be total days of 8 hours or partial days when you have doctors appointments.)  Once you run out of 480 hours, you would have to wait until after November 20, 2013, for the FMLA to roll over and then you would have another 480 hours.

Post # 27
Member
2 posts
Wannabee

I am an HR Manager and thought I could contribute. Please check out FAQ’s about FML at DOL.gove- department of labor website. Employers who are subject to compliance with FML Act do have options on how they administer FML.

– cane be manged using a calendar year or rolling 12 months. Example- I first use FML on June 1. I am eligble for 12 weeks of leave from that date

FML is available for the employee or employee’s family member. The list of covered family members is on the web site.

Employers can require employees to utilize FML concurrently with available paid leave.

The Act requires employers to extend FML to employees if they could reasonably assume that absence could be covered by FML

Review the DOL website and your employee handbook to verify how FML is managed at your workplace.

Post # 28
Member
2 posts
Wannabee

I am an HR Manager and thought I could contribute. Please check out FAQ’s about FML at DOL.gove- department of labor website. Employers who are subject to compliance with FML Act do have options on how they administer FML.

– Can be manged using a calendar year or rolling 12 months. Example- I first use FML on June 1. I am eligble for 12 weeks of leave from that date

FML is available for the employee or employee’s family member. The list of covered family members is on the web site.

Employers can require employees to utilize FML concurrently with available paid leave.

The Act requires employers to extend FML to employees if they could reasonably assume that absence could be covered by FML

Review the DOL website and your employee handbook to verify how FML is managed at your workplace.

The topic ‘FMLA’ is closed to new replies.

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