When Does FMLA Leave Start Over - Brown Cafe

writer · 02-24-2009, 07:37 AM

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

worthlessdriver · 02-24-2009, 08:25 AM

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.

writer · 02-24-2009, 11:04 AM

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?

writer · 02-24-2009, 11:05 AM

Quote:

Originally Posted by worthlessdriver

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.

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

cachsux · 02-24-2009, 11:13 AM

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.

ups767mech · 02-24-2009, 05:15 PM

Quote:

Originally Posted by cachsux

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.

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

cachsux · 02-24-2009, 05:54 PM

Quote:

Originally Posted by ups767mech

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

No, FMLA participant.

worthlessdriver · 02-24-2009, 06:12 PM

Quote:

Originally Posted by writer

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

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.

backinbrown · 02-24-2009, 06:16 PM

Quote:

Originally Posted by worthlessdriver

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.

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

writer · 02-24-2009, 07:17 PM

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??

Quote:

Originally Posted by cachsux

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.

Brown betty · 02-24-2009, 07:23 PM

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.

worthlessdriver · 02-24-2009, 10:12 PM

Quote:

Originally Posted by backinbrown

I am confused pays your benefits for 12 weeks

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

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.

chopstic · 02-25-2009, 12:21 AM

Quote:

Originally Posted by writer

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??

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.

cachsux · 02-25-2009, 10:22 AM

Quote:

Originally Posted by chopstic

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.

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.

cachsux · 02-25-2009, 10:27 AM

Quote:

Originally Posted by worthlessdriver

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.

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.

writer · 02-25-2009, 10:58 AM

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

Quote:

Originally Posted by cachsux

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.

cachsux · 02-25-2009, 04:49 PM

Quote:

Originally Posted by writer

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

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

writer · 02-25-2009, 05:52 PM

Quote:

Originally Posted by cachsux

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

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.

cachsux · 02-26-2009, 11:56 AM

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.

worthlessdriver · 02-26-2009, 02:55 PM

Quote:

Originally Posted by cachsux

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.

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".

writer · 02-26-2009, 06:06 PM

I seem to be repeating myself. This is true IF one worked 1250 during the previous 12 months. If not, THEN one has to have been with the company for 36 months to get the 6 weeks leave.

Quote:

Originally Posted by cachsux

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

cachsux · 02-26-2009, 08:03 PM

Quote:

Originally Posted by writer

I seem to be repeating myself. This is true IF one worked 1250 during the previous 12 months. If not, THEN one has to have been with the company for 36 months to get the 6 weeks leave.

You are correct,Writer. But what I`m trying to point out is IF someone has been with the company less than 36 months,has not worked 1250 hours in the previous 12 months, but during the 36 months of their initial employment eventually does get 1250 hours in 12 consecutive months then they will be eligible for FMLA even if the entire 36 months have not passed.

cachsux · 02-26-2009, 08:09 PM

Quote:

Originally Posted by worthlessdriver

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".

Show them the courtesy of advance notice if you have it but in an emergency call in and let them know you wont be in. Simple as that. If they give you a hard time contact HR,the NLRB http://www.dol.gov/esa/olms/ or even consult an attorney.
At our barn they tried to intimidate,even lie, to some people but a complaint to the NLRB and the resulting follow up by their agent solved the problem.

worthlessdriver · 02-27-2009, 08:02 AM

Quote:

Originally Posted by cachsux

Show them the courtesy of advance notice if you have it but in an emergency call in and let them know you wont be in. Simple as that. If they give you a hard time contact HR,the NLRB http://www.dol.gov/esa/olms/ or even consult an attorney.
At our barn they tried to intimidate,even lie, to some people but a complaint to the NLRB and the resulting follow up by their agent solved the problem.

I was being sarcastic. I always give them as much notice as I can. I will tell them a week ahead if I know but they always tell me to call in the morning of the day I need off.

cachsux · 02-27-2009, 12:25 PM

Quote:

Originally Posted by worthlessdriver

I was being sarcastic. I always give them as much notice as I can. I will tell them a week ahead if I know but they always tell me to call in the morning of the day I need off.

No problem,just thought I would throw the info out there again. The NLRB agents are help full in getting problems solved quickly. The HR person at our bldg actually had the stones to tell me that I was ineligible for FMLA when our last child was born because they felt since my wife owns her own business she could take time off when ever she wanted therefore I would have no need for FMLA. A formal complaint with the NLRB and a letter from our attorney had the same HR person waiting for me to personally hand me my approval letter when I punched in for work a few days later.