52 Week Eligibility

Hunter1

We have an employee who will reach their 52 week mark while they are out on a disputed workers comp injury. They have the requisite hours of work. Does the employee become eligible for FML at the time the 52 weeks is reached? Does this person get an 'advantage' in that they have not had to burn their eligibility during the time they have been out versus a longer term employee who would have had to use FML from the start of the absence?

LindaS

Yes they become eligible as soon as the 52 weeks is reached so be sure to have the requisite paperwork completed, notices done, etc. I don't know if I feel that the new employee gets an "advantage" because you had the right to terminate their health insurance coverage before they reached their 52 weeks.

Don D

The employee has lost the advantage given to him by the Act since he goes through a period during which he enjoys no job protection. In that regard, he is at a disadvantage, not an advantage.

I'm speaking of Federal legislation only. Don't know about your state, other than it's colder than a well-digger's patootie.

Mentel

It was colder than a well-diggers patootie two days ago. Today we are expecting a major snow storm. I love this place!!!

Maggie from Wisconsin

juju

I listened to a good FMLA audio conference and they touched on this very topic. Yes, the employee would still be eligible if he/she is still on your books when the 12 month requirement has been met. Basically, the new employee COULD be getting an advantage but if so, your company created the advantage by allowing them to stay on the books before they met the 12 months eligiblity and FMLA could kick in. We do the same thing at our company though.