FMLA Designation

snabulsi · August 2012

Good afternoon , if employee (ee) is not eligible for FMLA because ee exhausted 12 weeks of FMLA, and we advised ee that she is NOT eligible for FMLA, however department granted her leave , can we still desginate that leave as FMLA ??? (as ee now wants more time off) ???
thank you

NaeNae55 · August 2012

It is no longer FMLA leave, unless you want to grant [I]every[/I] employee extra time. We allow employees more than 12 weeks if the condition and situation warrant it (ie ADA or need for leave almost over as parent just passed, etc). We call it a leave of absence which is granted on a case by case basis.

Still Need Coffee · August 2012

You always have the option of granting more than the 12 weeks required by law, and you can designate that time as having the same protections as FMLA, or as having the same restrictions/benefits of regular time off - it's your company's decision. But, like mentioned, you have to make sure that whatever you decide on, you're prepared to offer to ALL employees in similar circumstances. Once you set that precedent, it's hard to deviate from it.

That being said, make sure you check your state law to make sure your state doesn't have rules concerning FMLA or other types of personal leave.

snabulsi · August 2012

thank you for your time and input .

snabulsi · August 2012

Thank you for your time and input.

Sharon McKnight SPHR · August 2012

[quote=snabulsi;724391]Good afternoon , if employee (ee) is not eligible for FMLA because ee exhausted 12 weeks of FMLA, and we advised ee that she is NOT eligible for FMLA, however department granted her leave , can we still desginate that leave as FMLA ??? (as ee now wants more time off) ???
thank you[/quote]

Your first post! Welcome to the Forum. :welcome:

Sharon

FMLA Designation

Comments