Can part timers apply for FMLA?

[Nitelite]

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.

 

[MonavieLeaker]

Yes

 

[cachsux]

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.

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.

 

[smf0605]

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.

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

 

[Nitelite]

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

 

[writer]

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?

 

[redshift1]

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?

Sounds like the honeymoon is over.

 

[JonFrum]

Here's what the Contract says:

ARTICLE 16. LEAVE OF ABSENCE
Section 6. Family and Medical Leave Act (FMLA)

All employees who have worked for the Company for a minimum of twelve (12) months and worked at least 1250 hours during the past twelve (12) months are eligible for unpaid leave as set forth in the Family and Medical Leave Act of 1993.

Additionally, any employee not covered above, that has worked for the Company for a minimum of thirty-six (36) months and accrued at least 625 paid hours during the past twelve (12) months is eligible for unpaid leave as set forth below, except that the amount of leave allowed will be computed at one half (1/2) of the time provided by the FMLA.

Eligible employees are entitled up to a total of 12/6 weeks of unpaid leave during any twelve (12) month period for the following reasons:
1. Birth of a child;
2. Adoption, or placement for foster care;
3. To care for a spouse, child, or parent of the employee due to a serious health condition;
4. A serious health condition of the employee.

The employee's seniority rights shall continue as if the employee had not taken leave under this section, and the Employer will maintain health insurance coverage during the period of the leave.

The Employer may require the employee to substitute accrued paid vacation or other paid for leave for part of the 12/6 week leave period. The employee is required to provide the Employer with at least thirty (30) days advance notice before FMLA leave begins if the need for leave is foreseeable. If the leave is not foreseeable, the employee is required to give notice as soon as practicable. The Employer has the right to require medical certification of a need for leave under this Act. In addition, the Employer has the right to require a second (2nd) opinion at the Employer's expense.

The provisions of this section are in response to the Federal Act and shall not supersede any state or local law which provides for greater employee rights.

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:
http://www.dol.gov/whd/fmla/

 

[chopstic]

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.

 

[smf0605]

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?

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.

 

[flltmmr]

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?

 

[JonFrum]

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.

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.

 

[JonFrum]

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?

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.

 

[writer]

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.

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.

 

[writer]

I didn't know there ever was one.

Sounds like the honeymoon is over.

 

[andrew1981a]

I think anyone can.

 

[smf0605]

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.

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.

 

[cachsux]

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.

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.