Can part timers apply for FMLA?

Discussion in 'UPS Discussions' started by Nitelite, Jan 14, 2009.

  1. Nitelite

    Nitelite Member

    A guy was asking in our hub last night. According to the info I found online, it seems one has to work 1250 hours over the previous 12 months to get it. Any info would be nice.
  2. MonavieLeaker

    MonavieLeaker Bringin Teh_Lulz

  3. cachsux

    cachsux Wah

    That would be to be eligible for 12 weeks of FMLA leave. If one works at least 625 hours they would be eligible for 6 weeks FMLA. Unless necessary,always file for INTERMITTENT FMLA. This will allow you to take time off as needed over the course of the year. If you do not take it in this fashion you will only be able to take FMLA for that specific reason one time. You will still have weeks available for a different reason but you would have to reapply. ALWAYS file as Intermittent.
  4. smf0605

    smf0605 Member

    That would be for a full-time employee. A part-time employee needs to have worked 625 hours in the previous 12 months.
  5. Nitelite

    Nitelite Member

    Thanks so much for the correction. I'll pass that info on.
  6. writer

    writer Preoad Supervisor

    Well, get this. I am needing to take some after coming back from a job related injury and surgery. This need is based on a parent having surgery and in ICU, etc. I was told by THREE in upper management why I couldn't take it, ALL different answers and ALL wrong. One said I had to be working 1250 hours in a year and PT Sups didn't so I couldn't. (we actually do anyway) Another told me the paperwork was put in but denied because I used on my time off, which is wrong. I was on WC the whole time paid WC. This week I was told I had to be there 3 years and had been there 2 1/2 so I didn't qualify.

    Either ignorance or lies, you choose. So, I checked with my attorney yesterday and find out I DO qualify and there is nothing they can do to stop me.

    What is wrong with this company where upper management has to lie or is so ignorant they don't know anything?
  7. redshift1

    redshift1 New Member

    Sounds like the honeymoon is over.
  8. JonFrum

    JonFrum Member

    Here's what the Contract says:
    Note that many part-timers may have to work for UPS for three years to qualify for just six weeks of FMLA leave.

    Supervisors, like Writer, are not covered by the Contract. (Obviously).

    Some States have more generous FMLA language.

    The Federal Law is described here:
  9. chopstic

    chopstic New Member

    To qualify for the "full-time" leave you do not need to be full time. You just need 1250 work hrs in a year. If you do the math 1250 hrs / 52 weeks = 24 hrs a week. A lot of us part-timers regularly pick up extra shifts, especially around peak season, and could easily qualify for this.
  10. smf0605

    smf0605 Member

    Writer - depending how long you were on WC, you may not be eligible for FMLA because you were out of work on WC. FMLA is a Federal Law, it is not open to interpretation. The law says "FLMLA runs in conjunction with any paid time off" WC is paid time off so FMLA runs at the same time, which means you've already used some of your FMLA time (you didn't say how long you were out of work, so I don't know if you have any time left.
  11. flltmmr

    flltmmr New Member

    Here's a question...what happens if you go over the 12 weeks? The quote from the MC says that the employee will retain their seniority rights so does that mean you lose them if you need more than 12? Can UPS terminate you?
  12. JonFrum

    JonFrum Member

    The Fact Sheet linked to above says:
    "Under certain conditions, employees or employers may choose to “substitute” (run concurrently) accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave. An employee’s ability to substitute accrued paid leave is determined by the terms and conditions of the employer’s normal leave policy."

    The key word is accrued. I don't think Worker's Comp is considered "leave." And it's certainly not accrued.
  13. JonFrum

    JonFrum Member

    UPS can always try to terminate you for unauthorized absence. If you use up all your FMLA leave, (and any leave granted by your State's Law), then you might arrange to use any sick days, personal days, and vacation days, if you have any left. Beyond that, you can always apply for a Leave of Absence in accordance with Article 16, Section 2.

    Check your Supplement for leave language as well.
  14. writer

    writer Preoad Supervisor

    I was off almost 8 weeks. However, my attorney says I can still be taking FMLA. Unless it was stated I was using FMLA while off with WC they are separate.

  15. writer

    writer Preoad Supervisor

    I didn't know there ever was one.

  16. andrew1981a

    andrew1981a New Member

    I think anyone can.
  17. smf0605

    smf0605 Member

    Writer -your attorney is correct. The Safety Department generally sends a letter to anyone when they initially go out WC informing the employee that FMLA will be running in conjunction with WC.
  18. cachsux

    cachsux Wah

    If you used 8 weeks then you would still have 4 available. Take them as intermittent and you can break them down into minutes if you need to.