FMLA

GLC · August 2002

We have an employee who is on medical leave, not covered under FMLA because she has not been with the agency for 1 year. We currently do not have a leave of absence policy in place. This employee has been off work for 4 months with no target date to return. She had 2 heart attacks and continues to have problems. We generally have allowed people on medical leave, whether covered under FMLA to stay off work for 6 months. Here is the catch. If we allow her to stay off work for another 2 months, which will be 6 months total she has been off work, she will then be eligible for FMLA because she will have been with the company for a year. Do we then legally have to grant her 12 more weeks for FMLA? She also does not fall under ADA because she cannot do her job with or without an accomodation.

Also, if we incorporate a leave of absence policy now, could we grandfather her in so this policy would apply to her even though we did not have it when she went out on leave?

Don D · August 2002

The answer to your last question is yes. You can grandfather her or anyone else, if that is what you decide to do. Just be sure to grandfather everyone equally, if that's applicable. Back to the question of FMLA eligibility: At such time as she meets the eligibility definition of FMLA, she is eligible, period, regardless of what she's been given otherwise by the company in the past months. If she's been there a year and worked the requisite 1250 hours in the past 12 months (which I don't think she will have) and your company meets the threshold, she is eligible and entitled. 1250 hours is roughly 31 weeks or 7.25 months of being on the clock, not employed, but working. Sounds like she might miss that mark with all her absences.

GLC · August 2002

I thought we would need to count her employment time. She will probably miss the mark with her absences. Thanks.

FMLA

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