#1  
Unread 03-04-2005, 04:36 AM
FSB AR
 
Posts: n/a
Default waiting period FMLA

Empolyee hired 3-22-04
Began maternity leave 3-1-05
met the 1250 hour rule but not the 1 year of service.
Does FMLA act apply to this employee leave situation since the event started before 1 yr of service. If so when does event start?
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  #2  
Unread 03-04-2005, 04:52 AM
marc
 
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Default RE: waiting period FMLA

3/22/05 is the start of this EEs FML eligibility.

He or she may have enough sick time, vacation time, etc. to bridge the gap between now and the start of FML. This is one of those situations where the EE may be out more than 12 weeks when other leave time is combined with FML protection.

Check your state laws to make sure there isn't some additional considerations.
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  #3  
Unread 03-04-2005, 05:49 AM
HRinFL
 
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Default RE: waiting period FMLA

I agree with Marc. Does your company have a defined leave for ees that do meet the eligibility requirements for FMLA? If so, you could use that designated leave to cover the gap until she meets FMLA elgibility.
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  #4  
Unread 03-04-2005, 06:31 AM
FSB AR
 
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Default RE: waiting period FMLA


We currently have a maternity policy that will cover her for 4 weeks (3/1 - 3/25) of paid leave then by that time she will have accrued another 2 weeks of vacation which she plans to use (3/26 - 4/8) plus some unsed sick days (another 2 or 3 days).

The company's position is that we don't want to wait until the 12 month period to start FMLA if this is a FMLA qualified event even though the event started (3/1/05) prior to her being employed 12 months which will be on 3/22/05. If I have to start the FMLA clock on 3/22/05 for this event then the Company basically has given her an additional 4 weeks of protective job status.

My hope although I am having trouble finding documentation is that since the event started prior to 12 month waiting period for FMLA then then the event is not covered under FMLA and there is no FMLA issue involved. May be wishful thinking????
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  #5  
Unread 03-04-2005, 06:39 AM
POPEYE
 
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Default RE: waiting period FMLA

>
>>
>My hope although I am having trouble finding
>documentation is that since the event started
>prior to 12 month waiting period for FMLA then
>then the event is not covered under FMLA and
>there is no FMLA issue involved. May be wishful
>thinking????


Yes, wishful thinking. It is as stated above, with proper documentation, as soon as the EE reaches the 1 year service criteria, they DO have a right to FMLA entitlement hours.

There are so many horror stories of abuse that we have to deal with, I sure wouldn't want to add to that by hoping that I didn't have to give leave to a qualified truly needful EE.
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  #6  
Unread 03-04-2005, 06:55 AM
pork1
 
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Default RE: waiting period FMLA

[font size="1" color="#FF0000"]LAST EDITED ON 03-04-05 AT 02:00PM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 03-04-05 AT 01:57*PM (CST)[/font]

FSB AR: Based on our company policy, this female employee does not qualify for FMLA until 3/22/2005; additionally, she would have no personal leave nor sick time accurred. Therefore, we could turn to our personal leave of absence for up to six weeks, therefore, she could take 22 days of personal time off without pay, but pay the medical premiums in advance then we would have her past the FMLA qualifying date.

Question is: are you ready to set a new precedent for FMLA qualifying events for all other medical events for any other employee? Are there special considerations on which the company could defend its actions for treating this person, differently? Being a "NEW MOM" is not sufficient! To go this route there needs to be good business needs to also include this person under FMLA considerations. If terminated the company on a self insured medical plan would not be responsible for the expense, unless the employee selected COBRA coverage(which means the employees may not have to pay for this medical expense in future premiums). If fully insured does the company have the approval and agreement by the insuring company to take on this added expense for the covered year? Did the employee leave early due to physician's orders for bed rest prior to birth or is that the "date of birth". We had a female who worked a full day on Friday, delivered early Sat morning, and returned to work three weeks with physician's approval. She was set-up to take FMLA but she preferred to take vacation and sick leave and get paid a full pay check rather than our STD pay.

Lots to consider before you commit to exceptions to these benefits!

Good wishes for the employee, family, and new born! It will be a Blessed day regardless of the companies' actions.

PORK
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  #7  
Unread 03-07-2005, 12:38 AM
jmcaa
 
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Default RE: waiting period FMLA

Pork - you stated your employee "preferred to take vacation and sick leave and get paid a full pay check rather than our STD pay." -- she should have been put on FMLA regardless. It is the employers responsiblity to charge time against FMLA. The employee does not have a choice when they have the qualifying leave event and want to take the time off.

You must work in a more relaxed employer-employee environment. We used to have one of those! x:-)

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  #8  
Unread 03-07-2005, 12:49 AM
jmcaa
 
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Default RE: waiting period FMLA

You state that you "currently have a maternity policy that will cover her for 4 weeks (3/1 - 3/25) of paid leave then by that time she will have accrued another 2 weeks of vacation which she plans to use (3/26 - 4/8) plus some unsed sick days (another 2 or 3 days)."

You need to give her the benefits she qualifies for at the time she qualifies --
1 - Maternity Leave beginning 3/01 and lasting the 4 weeks,
2 - FMLA beginning 3/22/05 (her qualifying date) and running concurrent with the Maternity Leave. At the end of the Maternity Leave then FMLA can continue until she receives the full 12 weeks (from the 3/22/05 date).

By the way, you have only given her an extra 3 weeks of leave (March 8 = 1 week; March 15 = 2 weeks; and March 22 = 3 weeks).

The way your company can make sure this does not happen again would be to change the qualifying criteria for the Maternity Leave and make it contingent on 1 year of service.

If you try to charge the whole thing to FMLA, then she could sue your company for not providing the full 12 weeks of FMLA.
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  #9  
Unread 03-09-2005, 06:26 AM
pork1
 
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Default RE: waiting period FMLA

JMCAA: It is true the company could have designated three weeks as FMLA, but we chose in her case to allow her to take her vacation and sick time and reserve the FMLA time for other greater needs. We gave her the policy and she chose not to apply for FMLA; we were prepared to go back and designate the time FMLA, if she was not able to return as she had planned all along. Having a child for her was no great deal; she knew it, her physician knew it, so we trusted the employee's beliefs. We had everything ready to go including the physician's certification, but we did not have her application dated to cover the entire three week time. The employee was protected and we were in tune to her wishes. We were doing better than the FMLA conditions on her behalf. She returned to work with her physician's release and she has not missed another day's work due to maternity conditions.

We try to go the extra mile for the employees who indicate their long term beliefs in the company. FMLA is for the protection of both the employee and the employer. If we do not abuse the guarntees set up for the employer, we are able to use the rules to also protect the company.

PORK
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