When Does FMLA Leave Start Over

Discussion in 'UPS Discussions' started by writer, Feb 24, 2009.

  1. writer

    writer Preoad Supervisor

    I can't find this on UPSers. Does the leave period start over at the hire anniversary date? Or the calandar year?
     
  2. worthlessdriver

    worthlessdriver New Member

    I have had it for over six years and have never had to start over. But the person I care for has a chronic problem and the doctor that filled out the form put that in it.
     
  3. writer

    writer Preoad Supervisor

    Not really the answer I am asking for. Does UPS count it starting over each calendar year or hire date?? For example, if someone used some in December, say 2-3 weeks then January rolls around and the person is still using FMLA. Does his or her 12 weeks start over January 1?
     
  4. writer

    writer Preoad Supervisor


    You do "start over" at some point since the law says you have 12 weeks per year.
     
  5. cachsux

    cachsux Wah

    FMLA is from 1/01/year ,or when applied for, to 12/31/year. It renews on the 1st of Jan provided you reapply and are approved. If you worked sufficient hours the year before you will be eligible for another 12 weeks. Theoretically it is possible to take the last 12 weeks of one year and the first 12 weeks of the year following. Also I always advise to apply for INTERMITTENT FMLA as this will allow you to take time as needed over the course of the year. Otherwise once you return from FMLA you would have to reapply to take it again in the same year.
     
  6. ups767mech

    ups767mech New Member



    Cachsux, Excellent post. Accurate information. Obviously you do your homework. Are you a Union Steward?
     
  7. cachsux

    cachsux Wah

    No, FMLA participant.
     
  8. worthlessdriver

    worthlessdriver New Member

    What do you mean by "start over"? The 12 weeks or the paper work? I know that I applied for FMLA six years ago and have been using it intermittently ever year since and I have never filled it out again. But like I said in another post he has a chronic problem that will never get better and I will be his caretaker until one of us pass away.
     
  9. backinbrown

    backinbrown respect my authority


    I am confused pays your benefeits for 12 weeks

    are you saying fmla has been paying for 6 years or is person on long term disability
     
  10. writer

    writer Preoad Supervisor

    I found the info on some other papers I had after posting. You are correct. HR has been saying PT Sups don't qualify because we don't work the required hours in 12 months. That is BS. 52 x 27.5 = 1430 hours. IF you take away 2 weeks vacation, 5 D days, then you are still left 1347.5 hours worked. Take away a generous 5 days of calling in and you have 1320. Required hours in 12 months to get FMLA? 1250! If we take away 5 more days for holidays we are STILL left with 1292.5 hours.

    More screwing us around by HR??


     
  11. Brown betty

    Brown betty New Member

    I think it also depends on what state you live in. Your local UPS should follow what ever laws your state has. You can look it up on your states web page.
     
  12. worthlessdriver

    worthlessdriver New Member

    Here is what I am saying. I have a mentally handicapped brother that I became the curator for six years ago. I got the forms from UPS and had his doctor fill them as to his condition. Now I can take up to 12 weeks off per year UNPAID. But I have never reapplied for FMLA. If I need time off to take care of his affairs I just call in and say "I am taking a FMLA day" and there is never any discussion about it. But I do not get paid for that day. I was told that if ups wanted to they could use my option and vacation day first but they never have. Probably because I have never abused it. I have never used anywhere near 12 weeks.
     
  13. chopstic

    chopstic New Member

    Almost correct.. FMLA counts hours worked, not hours paid. You have to actually work the 27.5 hours a week. for example.... if you put in 22 hrs one week, but get paid your gauranteed salary of 27.5 hrs, FMLA only considers the 22 hrs worked as counting towards your required hours.
     
  14. cachsux

    cachsux Wah

    Even if less than 1250 hours are worked one would still be eligible for FMLA,625 hours will still get you 6 weeks of FMLA.
    Yes,management is also eligible for FMLA.
    As far as what state you live in FMLA is a FEDERAL law which covers all 50 states and is only superseded by state law IF the state law provides greater benefits.
     
  15. cachsux

    cachsux Wah

    While your situation is certainly eligible it is interesting as to UPS at least not having you reapply every year. In your case as well as mine the situation is the same from year to year and is more of a formality as far as renewing the paperwork rather than a reevaluation of your situation.
     
  16. writer

    writer Preoad Supervisor

    Yes, but then the requirement is that you have to have been at UPS for 36 months.


     
  17. cachsux

    cachsux Wah

    I had to double check,the requirement is that an employee has worked for a period of 12 months.
     
  18. writer

    writer Preoad Supervisor


    OK, you need to go back and look at everything. Let me clarify, again. The initial requirements of FMLA are that one has been on the job 12 months and worked 1,250 in the previous 12 months.

    UPS says IF one does not meet this THEN one has to have been with UPS 36 months, worked 625 hours and will get 6 weeks leave.

    The 12 months and 36 months are applying to different situations.
     
  19. cachsux

    cachsux Wah

    I spoke with the HR person today and she said the 36 month rule applies to someone who has not met the 1250 hour requirement in any 12 consecutive months but once that person has worked 1250 hours in 12 consecutive months then the 12 month rule will then apply to them. Even if 36 months have not passed the company cannot keep them on the list once they have met the requirements of the law. The 36 month rule almost always applies to new hires.
     
  20. worthlessdriver

    worthlessdriver New Member

    I would need to take a FMLA day off to go to the doctor and they don't want that. "We don't have the coverage today".