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.
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.