One-Year Anniversary in the Middle of a Leave

What do I do when an empoloyee's 12-month anniversary comes in the middle of a medical leave? When they started the leave, they were not eligible for FMLA. After the "anniversary" do I change their leave to FMLA?

Comments

  • 6 Comments sorted by Votes Date Added
  • I assume you wouldn't be posting this question if your company had a policy about it so I won't even go there.

    Our employees do not accrue additional time off in any month that they do not work at all. Our policies would not support starting FMLA in the middle of a non-FMLA medical leave. I wouldn't recognize the one-year anniversary until/unless the employee returns to work after the leave.

    To insure you aren't setting a precedent you won't want to live with later on, think about your least favorite employee. Would you want to give them this benefit under similar circumstances?
  • Reysa I would respectfully challenge your company's position on this. As long as an EE is on your payroll (does not have to be drawing a paycheck) and they have completed 1250 hours since the first day they were on your payroll, as soon as they hit their 1 year anniversary they are eligible for their full 12 weeks of FMLA entitlement. There is no accruing of hours for FMLA, it is an entitlement that when an EE is eligible as outlined above, they have it.
  • Popeye's post provides the same info that I learned in a recent FMLA seminar. Basically if the company allows someone to take non-FMLA time off (due to not having one year of service) and THEN the employee has a one-year anniversary, their FMLA clock starts ticking that day. Actually, employees in that situaiton can end up getting MORE time off than employees who were FMLA-eligible when their serious health condition commenced if the company is in the practice of granting unpaid leaves like that.
  • HRanna, Sorry that I didn't directly answer your question earlier. YES, under the FMLA REGS, you would immediately start counting the time off as FMLA entitlement hours the day your EE becomes eligible. As JuJu outlined, this may mean that they could be off more than the 12 weeks, but I have found that most EEs cannot afford to be without a paycheck coming in.
  • >and they have completed 1250 hours since the first day they were on your payroll, as soon as >they hit their 1 year anniversary they are eligible for their full 12 weeks (Popeye).

    I agree that the employee would be immediately eligible upon reaching the anniversary of their first day taken the prior rolling year, but only IF they have worked 1250 hours in the past 12 months, not necessarily "since the first day they were on your payroll" as Popeye indicated. They may have first gone on your payroll 15 years ago and may not have actually worked in a year or so. Then they would NOT be eligible.

    The Act requires that you allow the leave at the point at which they become eligible, which may not necessarily be prior to or on the inception date of the absence. Look at it the same as you would an employee who has been with you 11.75 months, working consistently, who suddenly is off for medical reasons and is being retained under your leave policies. Then .25 months into that leave, he is suddenly eligible for and should be placed on FML because he's now got 12 months of employment with you.
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