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I have had FMLA for the past 8 years at the same company. Im…

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I have had FMLA for...
I have had FMLA for the past 8 years at the same company. I'm a dibetic and heart problems. I have never abused the system or even came close to using up the 480 hours you are allowed to use. On January 31 2010 I had taken a bad fall broke my left arm and ribs, also the sterum was badly bruised, I had to sleep in a chair for two months. Anyway went back to work 05/04/10 one month before the Doctor wanted me to. My FMLA ran out in May and I always have to resign up every June and my Doctor fills out the forms and I did that this year was told I'm approved as of 06/11/10 but the company changed the policy and now you get it on a accured time where God forbid I'm dizzy and can't drive in one morning I have to wait till Sept to get 8 hours back, that was the first day I used it last year. I go from June to June. I was told from a friend that worked with the federal government they can't do that it comes back every year as 480 hours Please give me the correct answer to this serious problem
Submitted: 8 years ago.Category: Employment Law
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Answered in 1 hour by:
6/14/2010
Employment Lawyer: Marsha411JD, Lawyer replied 8 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,989
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Hello,

I'm not exactly sure of your question or the facts but I can tell you that your eligibility is based on your hours worked, 1250 hours in a 12 month period, as well as how much of your 12 weeks of leave you have used in that same 12 months. Your employer though is free under the Act to set how the 12 month period is determined, but must give notice of those changes.

29 CFR 825.200, which is part of the regulation governing FMLA this issue is discussed. Please read the subsections provided below:

(b) An employer is permitted to choose any one of the following
methods for determining the "12-month period" in which the 12 weeks
of leave entitlement described in paragraph (a) of this section occurs:
(1) The calendar year;
(2) Any fixed 12-month "leave year," such as a fiscal year, a
year required by State law, or a year starting on an employee's
"anniversary" date;
(3) The 12-month period measured forward from the date any
employee's first FMLA leave under paragraph (a) begins; or,
(4) A "rolling" 12-month period measured backward from the date
an employee uses any FMLA leave as described in paragraph (a).
(c) Under methods in paragraphs (b)(1) and (b)(2) of this section
an employee would be entitled to up to 12 weeks of FMLA leave at any
time in the fixed 12-month period selected. An employee could,
therefore, take 12 weeks of leave at the end of the year and 12 weeks
at the beginning of the following year. Under the method in paragraph
(b)(3) of this section, an employee would be entitled to 12 weeks of
leave during the year beginning on the first date FMLA leave is taken;
the next 12-month period would begin the first time FMLA leave is taken
after completion of any previous 12-month period. Under the method in
paragraph (b)(4) of this section, the "rolling" 12-month period, each
time an employee takes FMLA leave the remaining leave entitlement would
be any balance of the 12 weeks which has not been used during the
immediately preceding 12 months. For example, if an employee has taken
eight weeks of leave during the past 12 months, an additional four
weeks of leave could be taken. If an employee used four weeks beginning
February 1, 2008, four weeks beginning June 1, 2008, and four weeks
beginning December 1, 2008, the employee would not be entitled to any
additional leave until February 1, 2009. However, beginning on February
1, 2009, the employee would again be eligible to take FMLA leave,
recouping the right to take the leave in the same manner and amounts in
which it was used in the previous year. Thus, the employee would recoup
(and be entitled to use) one additional day of FMLA leave each day for
four weeks, commencing February 1, 2009. The employee would also begin
to recoup additional days beginning on June 1, 2009, and additional
days beginning on December 1, 2009. Accordingly, employers using the
rolling 12-month period may need to calculate whether the employee is
entitled to take FMLA leave each time that leave is requested, and
employees taking FMLA leave on such a basis may fall in and out of FMLA
protection based on their FMLA usage in the prior 12 months. For
example, in the example above, if the employee needs six weeks of leave
for a serious health condition commencing February 1, 2009, only the
first four weeks of the leave would be FMLA-protected.

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Customer reply replied 8 years ago

according to your answer they have the right to change the policy and you can roll on and off FMLA But when I went to get my paperwork on 06/11/10 which is my yearly sign on date for FMLA there was no notice before that that it has been changed, mean time i have made Doctor appts that have to be kept and I won't be covered till July 15th I think that is wronge on their part, besides the fact of them telling me not to say anything to co-workers. It dosen't sound professional.

 

Thank you,

 

Employment Lawyer: Marsha411JD, Lawyer replied 8 years ago
Hello again,

I'm not sure what they told you not to share with your co-workers or why, but your main issue is whether or not your employer changed the way they calculate the 12 month period and whether they gave proper notice. I can't say whether or not you were given proper notice or even if they changed their method, although it does appear that they did. If you feel that they have not issued notice and that is has operated to increase the amount of time you have to wait to start taking your 12 weeks under the Act, then you might want to consider filing a complaint with the Department of Labor.
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