HR people: FMLA math?

[Brie]

I'm trying to figure out when I would be eligible for FMLA again in case P needs surgery.

I took FMLA from 1/22 through 4/20 of this year. I work more or less 40 hours a week. Employer is FMLA covered and I've been there 6 years. I've been back for 25 weeks (so roughly 1,000 hours) and also worked 3 weeks before my maternity leave (120 hours).

Does it go by calendar year or number of hours worked? When would I be eligible again? We have a follow up in November so if surgery is required it would probably be in late December or January.

[cricketwife]

Not in HR, but the way that our employee handbook reads it's by calendar year so you would be eligible again on 1/22.

[awkwardpenguin]

Employers have a choice of doing it by calendar year or rolling year or a few other options, so you'll have to ask your employer what their policy is.

[teatimefor2]

Not HR, but does your company (university if memory serves) have a holiday bank for people who need to take extra leave to care for family once they have used up FMLA?

My mom's company has a program where people donated unused sick leave and a colleague of hers was able to take several months paid to help her husband/child (can't remember which family member it was) who had cancer with full pay.

Hugs.

[Brie]

Oct 11, 2015 21:02:47 GMT -5 teatimefor2 said:

Not HR, but does your company (university if memory serves) have a holiday bank for people who need to take extra leave to care for family once they have used up FMLA?

My mom's company has a program where people donated unused sick leave and a colleague of hers was able to take several months paid to help her husband/child (can't remember which family member it was) who had cancer with full pay.

Hugs.

No donated sick time unfortunately. Most of ours rolls over year to year which is nice.

[Deleted]

It depends on your employer. MOST companies go by rolling year backwards, so you would be eligible gradually at the same rate (so, 40 hours a week) starting at 1/22.

The 1000 hours is just an eligibility requirement - you can't take more than 12 weeks in a year, however that year is defined. Some states allow separate FMLA leaves which would allow a couple extra weeks for a different reason but yours isn't one of them.

Also keep in mind that FMLA only protects your job, not your pay.

[Deleted]

Not HR but I got a letter stating when I'd be eligible again, and the date corresponded with the end of my previous leave (so I was out 11/14-2/28. I am eligible again 3/1). I work for a very large company - who could not explain maternity leave to save their ass - check with your HR people.

Eta: I don't know if that was their policy or law, or I had some unpaid leave/non-FMLA mixed in there.

[ECB]

Yup, you need to talk to your HR.

[mandapanda18]

Oct 11, 2015 21:36:31 GMT -5 @republicrat said:

It depends on your employer. MOST companies go by rolling year backwards, so you would be eligible gradually at the same rate (so, 40 hours a week) starting at 1/22.

The 1000 hours is just an eligibility requirement - you can't take more than 12 weeks in a year, however that year is defined. Some states allow separate FMLA leaves which would allow a couple extra weeks for a different reason but yours isn't one of them.

Also keep in mind that FMLA only protects your job, not your pay.

this! I backed up HR at my last position. Here at the University FMLA is based on 12 months from the day you apply, at my last job it was calendar year. Either way it is 12 weeks/480 hours. No guarantee of pay. 

[huskymom]

My state is 2 yrs so it's definitely dependent on several factors. We have 16 weeks though.