FMLA Eligibility Requirements

Jerri

I'm a nonprofessional HR person in a small county government office. I'm in need of some professional advice regarding FMLA eligibility requirements. I understand the FMLA to read that an employee needs 1,250 WORKED hours in a 12 month period prior to taking such leave. I have also read that the 12 weeks of FMLA leave is not intended to extend the use of other paid time off, such as annual and sick leave. My first question is this: are these requirements only to serve as a baseline minimum or can an employer be more generous in their requirement policy?

Our Board of Commissioners recently voted to have our policy as follows: 1,250 EARNED hours in the prior 12 month period (this allows employee to count annual, sick, comp time, donated leave, etc. toward the 1,250 hour requirement). They also voted to require the employee to use all of his/her accrued paid time off before beginning to use FMLA rather than use FMLA concurrently with PTO. I was unsuccessful in convincing them that this could be a financial hardship on tight budgets as the employee could conceivably be off for a year or more. Any suggestions, comments or reference material that I could use?

Thanks for any assistance!!

Parabeagle

My resource says, "To be covered, an employee must have worked for a covered employer for at least 12 months and must have performed at least 1,250 hours of work (approximately 25 hours a week) during the 12 months before leave begins." and "Substituting paid leave for unpaid leave does not extend the 12-week period available to the employee."

US Employer's Guide, 9th Ed. (2002)

Hope this helps.

watrsflo

>They also voted to require the employee to use all of his/her accrued paid time off before beginning to use FMLA rather than use FMLA concurrently with PTO.

Generally, the 12-weeks of FMLA protection run concurrently with the use of earned paid leave. Under the law, it is the employer's responsibility to designate a qualifying absence as FMLA. I don't believe you can withhold FMLA protection (or delay the designation) merely to require employees to exhaust paid leaves. You could however, provide the essence of those same protections beyond the exhaustion of FMLA, if you should so desire. But it's clearly a cost piece, and an added benefit beyond FMLA.

Pork

Contact your location/state DOL and ask for the free Federal Regulations Part 825, The Family Medical Leave Act of 1993, President Clinton's legaicy. A private Company can always do better than the Government. In our case we have an on-going medical leave policy that rides with the FMLA and thus our short term disability pays at the same time. Additionally, our company has an additional 14 weeks of continued medical leave if supported by the physician and the management available to the sick ee.

The first two weeks should always take the vacation and sick time concurrent with the FMLA, otherwise, at the end of 12 weeks off the ee can go on vacation and sick time accumalated and be protected from the organization's ability to rid yourself off the abusing ee. Believe me there are many. Just terminated one today that did not comeback at the end of the duration of illness. We have waited the 4day no call no show situation just to be safe. He is gone for good, but with only 10 weeks of our money instead of 12/13.

Go back to your board and retained attorney and relook at how the board is about to spend tax payer $. Of course, I am assuming you have a short term medical plan. If not, then don't worry about it the ee gets his/her vacation and sick time regardless; you may only be delaying an issue to a later date.


Pork