FMLA - Does your state have laws in addition to the Federal FMLA

[upsguy72]

Originally Posted by upssalesguy

management gets to take a floating day off because the 4th is on saturday. I am taking off the 2nd and 3rd. first four days off in a row since last august.

(saving my awesome two weeks of vacation for the baby birth)

Why don't you use FMLA for your baby birth instead of all your vacation

[Johney]

Originally Posted by upsguy72

Why don't you use FMLA for your baby birth instead of all your vacation

Don't you have to use all but 1 week of vacation on FMLA?

[Hoaxster]

Originally Posted by upsguy72

Why don't you use FMLA for your baby birth instead of all your vacation

Don't get paid when on FMLA?

Johney asked, "Don't you have to use all but 1 week of vacation on FMLA?"
And yes you do have to use all vacation days except for 1 week before FMLA kicks in.

[bumped]

Originally Posted by Hoaxster

Don't get paid when on FMLA?

Johney asked, "Don't you have to use all but 1 week of vacation on FMLA?"
And yes you do have to use all vacation days except for 1 week before FMLA kicks in.

It varies based on your state laws. In some states one does not have to use vacation for FMLA.

[Hoaxster]

Originally Posted by bumped

It varies based on your state laws. In some states one does not have to use vacation for FMLA.

Could not find any references to states being involved in this Federal Act but did find the following on a Legal site and a Teamster site.

The FMLA regulations permit an employer to require employees to use appropriate paid leave as part of the employee's FMLA leave. Thus, for example, if the employee had paid sick time, personal time and vacation time, an employer could require the employee to use that time (consistent with its policies) as part of the employee's FMLA leave.

... some Teamster contracts include language that waives this protection, including our master agreements in freight, carhaul and at UPS. For example, Article 16 of the UPS agreement says, “The Employer may require the employee to substitute accrued paid vacation or other paid leave…

[bumped]

In Wisconsin, one does not need to use vacation time as FMLA http://www.dwd.state.wi.us/er/family...erd_9680_p.htm
When I received my form to fill out I crossed out the area where it said to use vacation time and wrote in that I do not want to use vacation time for FMLA.

"Employee may elect to substitute accrued paid or unpaid leave of any other type provided by employer."

[Hoaxster]

Originally Posted by bumped

In Wisconsin, one does not need to use vacation time as FMLA http://www.dwd.state.wi.us/er/family...erd_9680_p.htm
When I received my form to fill out I crossed out the area where it said to use vacation time and wrote in that I do not want to use vacation time for FMLA.

"Employee may elect to substitute accrued paid or unpaid leave of any other type provided by employer."

First off - Welcome to Brown Cafe bumped. Good first posts!

Interesting and good info.
Georgia does not appear to have any FMLA laws in addition to the Federal FMLA.

From the Georgia DOL website:
http://sos.georgia.gov/FirstStop/georgia_employers.htm

FAMILY AND MEDICAL LEAVE ACT The FMLA requires that employers with 50 or more employees, who are employed within a 75 mile radius, provide eligible employees with up to 12 weeks of unpaid, job-protected leave each year to care for a newborn or newly adopted or foster child; to care for a seriously ill child, spouse or parent; or because of the employee’s own illness. Employers may, under certain circumstances, require employees to take unpaid FMLA leave rather than accrued paid leave. It is, however, always the employer’s responsibility to designate whether an employee’s use of paid leave counts as FMLA leave, based on infromation provided by the employee and it is the employer’s responsibility to notify the employee of this designation.

[iamhuge]

Originally Posted by Johney

Don't you have to use all but 1 week of vacation on FMLA?

The way to do it is, use all your vacation, then say "hey, were having a baby." Then you get all your vacation and the full allotment of family leave. My kid was born late in the year, so it was easy to plan.

[Johney]

Originally Posted by iamhuge

The way to do it is, use all your vacation, then say "hey, were having a baby." Then you get all your vacation and the full allotment of family leave. My kid was born late in the year, so it was easy to plan.

That would work too I guess

[upssalesguy]

i am saving my vacation for the baby because FMLA is unpaid. my wife is only getting 60% salary while she is off and we need the income. i believe you have to use all your vaction before FMLA kicks in

[iamhuge]

Originally Posted by upssalesguy

i am saving my vacation for the baby because FMLA is unpaid. my wife is only getting 60% salary while she is off and we need the income. i believe you have to use all your vaction before FMLA kicks in

About half of it is paid here in CA.

[cachsux]

Originally Posted by upssalesguy

i am saving my vacation for the baby because FMLA is unpaid. my wife is only getting 60% salary while she is off and we need the income. i believe you have to use all your vaction before FMLA kicks in

You are allowed to save one week if you chose. That is YOUR choice not UPS`. When you apply for FMLA take it as INTERMITANT. This will allow you to use FMLA day at any time during the year to care for the infant such as to take the baby to the doctor or if the child is sick and requires extra attention. UPS cannot tell you to "have your wife take care of it" as you are also a parent and both afforded equal rights under the law.

[cachsux]

Originally Posted by Hoaxster

Don't get paid when on FMLA?

Johney asked, "Don't you have to use all but 1 week of vacation on FMLA?"
And yes you do have to use all vacation days except for 1 week before FMLA kicks in.

Actually Hoax FMLA kicks in and all FMLA rights are in place immediately,accrued paid time off is counted as part of it until paid time runs out except for the saved week of course.

[upssalesguy]

it is my choice to to really not use the FMLA. you can use FMLA at any time, but it is unpaid.

next year I get my third week of vacation, so i am not sweating it. we dont get to take off any days when peek starts, so I am just trying to get through this year.

UPS is great - in management, our sick days cover the kids, and we really do not have a limit on them. if one of them gets hurt, we are covered under short term disability - full paid . remember, I am not in the union

[smf0605]

UPS is great - in management, our sick days cover the kids, and we really do not have a limit on them. if one of them gets hurt, we are covered under short term disability - full paid . remember, I am not in the union [/QUOTE]

UPSGUY - if one of your kids gets hurt - you are not covered under short-term disability. Disability is only if you are the one hurt or sick.

[upssalesguy]

Originally Posted by smf0605

UPS is great - in management, our sick days cover the kids, and we really do not have a limit on them. if one of them gets hurt, we are covered under short term disability - full paid . remember, I am not in the union

UPSGUY - if one of your kids gets hurt - you are not covered under short-term disability. Disability is only if you are the one hurt or sick.[/QUOTE]

i guess i meant short short term. like for a three or four days.

[What'dyabringmetoday???]

Originally Posted by iamhuge

The way to do it is, use all your vacation, then say "hey, were having a baby." Then you get all your vacation and the full allotment of family leave. My kid was born late in the year, so it was easy to plan.

I did this same thing. My son was born in September and I took November and December off as FMLA time. I used my final vacation time when he was born, worked a couple weeks then enjoyed two months with the little guy. Can you believe the company told me I was not allowed to use FMLA during peak?? I let them know as soon as we had a due date and they fought me on it right up until November. One of the better decisions I have made in this lifetime.

[upssalesguy]

Originally Posted by What'dyabringmetoday???

I did this same thing. My son was born in September and I took November and December off as FMLA time. I used my final vacation time when he was born, worked a couple weeks then enjoyed two months with the little guy. Can you believe the company told me I was not allowed to use FMLA during peak?? I let them know as soon as we had a due date and they fought me on it right up until November. One of the better decisions I have made in this lifetime.

all the FMLA was unpaid, right?

[JonFrum]

These States have their own versions of the FMLA:
California, Connecticut, Hawaii, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, and the District of Columbia.

http://www.dol.gov/esa/whd/state/fmla/index.htm

[cachsux]

Originally Posted by upssalesguy

all the FMLA was unpaid, right?

If all his paid time off was used at that time then yes.

[What'dyabringmetoday???]

Originally Posted by upssalesguy

all the FMLA was unpaid, right?

Right.