Thread: Fmla

An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for leave provided under subparagraph (A), (B), or (C) of subsection (a)(1) for any part of the 12-week period of such leave under such subsection.

This is what i found about the law. It appears it something her job and her can work out. I've read through this before for my own wife who's expecting. Some parts make it sound mandatory for them to use their paid leave and whatever is left is unpaid and others make it sound like it's up to the employee and employeer. I couldn't find anything about what to do if your child becomes sick and you have no leave left to spare. My only suggest would be for her to use six weeks of it when the child's born and save 6 weeks for illness. Best of luck with the up coming child.

In the USPS we call it LWOP or Leave With Out Pay. I doesn't matter if you have the sick leave s/l or annual leave a/l you are still protected from discipline for the 12 weeks. Make sure she qualifies because many do not realize that there must be 50 or more employees in order to qualify.

EMPLOYER COVERAGE

FMLA applies to all:

• public agencies, including state, local and federal employers, local education agencies (schools), and
• private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year and who are engaged in commerce or in any industry or activity affecting commerce — including joint employers and successors of covered employers.

EMPLOYEE ELIGIBILITY

To be eligible for FMLA benefits, an employee must:

(1) work for a covered employer;
(2) have worked for the employer for a total of 12 months;
(3) have worked at least 1,250 hours over the previous 12 months; and
(4) work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

Let me make this clear. Under the law she can not be disciplined if see is using FMLA for the doctor visits even if she has exhausted all of her "paid leave" and it is within the 12 weeks allowed. You do not HAVE to take sick leave or annual leave if you do not want to. You can just take unpaid. It is your choice how you manage your time off. You can even go as far as to just take 3 days off a week. Once you get the FMLA documented you are covered.

Also, subject to certain conditions, employees or employers may choose to use accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave.
The employer is responsible for designating if an employee's use of paid leave counts as FMLA leave, based on information from the employee.

The key is to have the proper documentation. Here are some key point I pick out of this link.

http://www.postalreporter.com/usps/fmla.htm

LEAVE ENTITLEMENT

A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

• for the birth and care of the newborn child of the employee;
• for placement with the employee of a son or daughter for adoption or foster care;
• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• to take medical leave when the employee is unable to work because of a serious health condition.

UNLAWFUL ACTS

It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to FMLA.

Thanks ton of help...I will keep working on this till the baby is born in December. Some of the folks she works with are entirely idiots.

My wife has been written up twice in 15 years and both have been due to pregnancies and time on the books. It seems to me that they are trying to create an enviroment of women that will not have kids at her workplace.


buda

We didn't have a Union.

That was ten years ago.


We now have a Union. I organized it.

Amen brother! Amazing how they do not want you to use your benefits even if it is protected by a freak'n law.

Happens a lot more than you think.

I'm a fed, and when my son was born, my supervisor DENIED me anything more than two weeks of paid leave. I tried to tell him that I was invoking FMLA for three weeks of leave, and he told me that if I tried to raise the issue any more than two weeks of leave, I would be disciplined. When I asked if I had any appeal rights to ask higher than him, he told me he would make my life miserable, and that I should be happy to be getting two weeks of leave.

By the way, I had more that 160 hours of annual earned leave saved up on the books at the time.

Needless to say, I was not happy.

We didn't have a Union.

That was ten years ago.


We now have a Union. I organized it.

You go , You are THE MAN!!

No Union for Mom.

They are just making their lives miserable. She is going to exhaust all of her sick and annual leave a total of six weeks of rest and bonding with the baby. Any time for Dr's appointments after that will be off of the books and subject her disciplinary action....

People have lost their minds at her work.

buda

Originally Posted by buda

No Union for Mom.

They are just making their lives miserable. She is going to exhaust all of her sick and annual leave a total of six weeks of rest and bonding with the baby. Any time for Dr's appointments after that will be off of the books and subject her disciplinary action....

People have lost their minds at her work.

buda

Get a attorney. Is she civilian or fed employee?

Originally Posted by Show-me

Get a attorney. Is she civilian or fed employee?

Civilian.... works for these guys felpsis.net they are a local power company in the area with about 80 employees.

They are run by a board of directors which are kept in the dark about the daily issues such as these.

buda

Write a anonymous letter to each member of the board and send a carbon copy to Dept. of Labor and the local news media.

I would do that as soon as possible so the wheel start turning in time for the birth.

Teach them a lesson. A lot of companies try to get away with stuff like this. Pregnancy isn't something an employeer should mess with. I'd send it to you congressman to. But then i've always been the type to go over the top.

Originally Posted by Callme_CO

Teach them a lesson. A lot of companies try to get away with stuff like this. Pregnancy isn't something an employeer should mess with. I'd send it to you congressman to. But then i've always been the type to go over the top.

That's a real good one, can't believe I forgot about politicians. They love crap like this. Makes'em look like they are protecting the little guy.

One draft would do it for everyone.