FMLA approval time

[tardus]

After UPS consolidated many of the human resource functions into regions, our UPS employees are no longer getting FMLA requests approved in a timely manner. One of our employees has waited over six weeks and still not received a response to his FMLA request. What formerly took one day, now stretches into months because all of the FMLA paper work is no longer processed in-house, but sent across many state lines.

I searched the Dept. of Labor web site to find out how long UPS is supposed to take to process FMLA requests. The answer is that by Federal law UPS must notify the employee of the employee's eligibility to take FMLA leave within five business days, absent extenuating circumstances.

If anyone is having trouble getting UPS to respond to a request for FMLA leave, be sure to remind the employer of its notice requirements:

Title 29: Labor
Part 825 - The Family and Medical Leave Act of 1993
§ 825.300 Employer notice requirements.
4. b) Eligibility notice . (1) When an employee requests FMLA leave, or when the employer acquires knowledge that an employee's leave may be for an FMLA-qualifying reason, the employer must notify the employee of the employee's eligibility to take FMLA leave within five business days, absent extenuating circumstances. See §825.110 for definition of an eligible employee. Employee eligibility is determined (and notice must be provided) at the commencement of the first instance of leave for each FMLA-qualifying reason in the applicable 12-month period ( see §§825.127(c) and 825.200(b)). All FMLA absences for the same qualifying reason are considered a single leave and employee eligibility as to that reason for leave does not change during the applicable 12-month period.

 

[lvgolfer962]

Mine took a bit longer this year. I ended up calling HR and finding out that it had been approved weeks ago but never got the paper work in the mail, and the center mng failed to inform me as-well but whats new

 

[JonFrum]

It's worth knowing that FMLA is FEDERAL LAW. This means you have an absolute right to use it no matter if UPS has their act together or not. Strictly speaking, you are not seeking UPS' approval, you are notifying them that you will be exercising your rights under THE LAW. It's kinda like a twenty-one year old notifying his parents that he's going to marry his twenty-one year old girlfriend. The parents may not approve, but their approval is not necessary. They can't stop the marriage just because they disapprove.

Of course, all this requires that you have checked the FMLA website and are sure you, if fact, qualify for FMLA Leave, and that you have followed all the required proceedures. You have to be in compliance with the law to invoke the protections of the law.

The burden is initially on UPS to recognize that a request for leave qualifies as FMLA Leave, (so long as the employee mentioned enough information to allow UPS to realize the leave might be FMLA-eligible.) It is UPS' duty to provide the paperwork and explain the proceedures. Penalties can be imposed on UPS if they drop the ball and someone complains to the Department of Labor. Or if UPS tries to retaliate in any way for taking legitimate FMLA Leave.