Can I Give FML If I Want To?

Stu in VA · November 2005

Hi
First time here. We are a non-profit with 130 EEs in three locations in Virginia. Each facility is separated by the 75 miles so according to the law the two offices one with 29 EEs and the other 9 EEs are not eligible for FML. This is our first brush with FMLA in the smaller offices. The EE is adopting. Is the law mandating that the organization cannot offer the EEs in the outlining offices the oppportunity of FMLA? If we did offer FML could we run into problems with our group medical ins.co. not recognizing this EE as under FMLA and consider her not actively at work and then we all get into insurance coverage squabbles? Or should we just not venture into this beyond the home office and allow her leave w/o pay and do the COBRA thing on reduction of hours? Am I making any sense? Boy its getting confusing.

Gillian3 · November 2005

Pretend that all you have are two offices with less than 50 employees in each. You don't have to do anything, but if you want to provide some time of or whatever, but it has nothing to do with FMLA.

pork1 · November 2005

I concur; but remember that medical coverage of any kind is not a part of the federal law pertaining to FMLA. This law only protects the job in which the person is assigned for up to 12 weeks. Whatever you do be consistent and fair. If you give it to one you must be prepared to give it to all. We have remote sites with less than the required number by distance, but we disregard the distance and provide the same rules and procedures, as if we were all located right here in my office. Our Medical Plan also aligns with our FMLA plan and provide the medical coverage because they are a member of our company and providing production along side of any other employee. I recommend the company disregard the distance and give all benefits equally.

PORK

Stu in VA · November 2005

Thanks for the feedback.

Stu in VA · November 2005

Thanks.

System · November 2005

Welcome to the Forum, Stu! Good luck with the FMLA.

James Sokolowski
HRhero.com

VS · November 2005

Agree with Pork. I administer the same way. We have many sites who do not meet the distance or number of employees requirement. However, we offer FML to all. In the end, it's easier to be consistent. The hard part is managing the FML once you approve it!

Gillian3 · November 2005

Just a suggestion. While it may sound like a good idea to give Family Leave to everyone even if they are in a smaller facility, call it something else - personal leave maybe, if you do. By just extending the benefit to everyone, you may create an expectation on the part of employees that you will extend all mandated benefits to everyone, even if they don't qualify, and some day there may be a law that mandates something that you don't want to extend to everyone.

mbeam · November 2005

I agree with Gillian3 - give the leave but call it something else otherwise you're putting your organization in a position of precedent setting.

Would be in favor of a personal leave and implementing the policy and forms into your handbook along with the guidelines to go with it.

LarryC · November 2005

Also Stu, the "distance" factor in the FMLA regs is based on the the most "reasonable" land distance to get from A to B, not "as the crow flies".

Gillian3 · November 2005

If there is one EE handbook covering everyone it could say something like this "Employees in Podunk, Wassalvania will be granted X in lieu of Family and Medical Leave.

Can I Give FML If I Want To?

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