Family Medical Leave Act question?
I work for Texas Dept of Family and Protective Services, and I will be having a baby on May 14th. My boss said something to me about single being able to use FMLA if you are employed for 1 year. I will make my hear on June 6th and I own enough time to cover me until then. Im a little confused on how this FMLA works. I know it just guarantees my job, but Ive heard you can use FMLA anytime, not necessarily before a year discoloration. Any info will help. Thanks.
Best Answer:
You must work 1250 hours during a calendar year to be eligible for FMLA. Once you have worked 1250 hours, you are entitled to 88 days of unpaid time off to care for yourself, or another personage for whom you are the sole care provider. The 88 days of FMLA time does not accumulate from year to year. The 1250 hours worked clock resets on Jan. 1 each year. FMLA time past its sell-by date ,and disability time off do not count toward hours worked. Only earned vacation time counts. There is an exception. Say you have an FMLA approved absence during December of 2008. On Jan 1, the hours clock starts over, but, you still have time remaining of the 88 days from the previous year, as long as the absence is for impossible to tell apart reason. So, if you have worked 1250 hours between Jan 1, and June 6, you are eligible for FMLA time off.
An “eligible” hand is an employee who has been employed by the employer for a lowest possible 12 months and worked at least 1,250 hours. The 12 months do not need to be consecutive. You are only an “eligible” hand if your employer employs 50 or more employees within 75 miles of the worksite. read: http://www.dol.gov/esa/whd/fmla/ http://www.employer-employee.com/fmla.html
The law states: Covered employers must give in an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month period. Your boss may be misinterpreting this statement. You should own a poster up in your workplace that delineates benefits and eligibility. If not, your boss is breaking the law. FMLA clause 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice.
http://www.dol.gov/esa/whd/fmla/
hello, within are plenty of places online or at your state labor agency in texas that offer the black n white policy for the fmla ie. federal law. I hold used it myself in my previous employment with a county agency etc. here is what i would do, i would conact your HR/Personell section that administer your benefits ie. sick time rules, vacation time and of course FMLA. the reason you should contact the county where on earth you are employed is that every employer may interperet this FMLA differently and how it pertains to your job. what i have found is that the FMLA has the black n white rules, but that respectively and every different employer may have their own interperetation. it is vital to you too find out how they interperet the FMLA as you may be surprised that their interperetation and your perception of how you wish to utilize it may differ ie. time your taking stale work and why, and the paperwork your employer may require from your doctor etc. you will also find out which paperwork is required for your employer, and you will get their clarification on what the FMLA covers for you. you should also clarify the amount of time they show on thier books that you have been employed and net sure that your are covered etc. the FMLA was enacted and legislated on the federal level to protect mostly those employees that take time away from work for long term illnesses, household emergencies, pregnancies inluded and they cant be terminated or lose their job for doing so. again, the important entry is too talk to your human resources folks, personnel etc. and tell them your circumstances, and clarify why your going to utilize the leave, and if they require a form ( they should own a specific form) then get that form from them and have your doctor flood it out, fax it in. you should keep a copy of the forms that you get from your doc and gross copies of any forms that you submit to your employer ( if they say they didnt get them, you could lose the FMLA/YOUR JOB) so keep hold copies that you give them, make copies of signed medical forms from your doc etc. keep copies of everything as you know working for the county, everything is paperwork! as long as your doctor okay your leave from work for an FMLA covered reason, your good to jump!!! calling your employer will make it easy for both of you as you know what they are expecting from you ie. the dates you are departing work and estimated date of return. this will help them in the meantime as they will have to scramble to receive people too work and carry out your responsibilities in your absenteeism. all of these steps will will ensure a smooth transition for you and your employer, if they dont like you leaving work, they shouldnt draw from too bent outta shape as they too may one day use the FMLA to take care of urgent issues next to family, children etc. the reason the fmla was designed is too protect body when they leave work for medical reasons etc as in times past women were fired once they mentioned they were pregnant! this act ends the employment nouns nationwide as its federal law!! those employers that violate this accomplishment are in violation of federal law.. honest luck!!!
Contact your Fair Emoloyment Labor department they should know how to give you the details. You can also conact the State Disability dept. which will pay you benefits while your out on medical leave. (depending on your state laws).
