UPS denying FMLA coverage.

[Skooney]

We have a situation at our gateway that I am inquiring about that I heard of today.

The company has told a part time employee that he is not able to use FMLA because he has not been employed for 3 years. To my knowledge, and this is why I'm asking, being employed 3 years is not a requirement. I had an FLMA problem with UPS many years ago, and when I researched it then it was 1250 hours in the last 12 months of employment, and you had to be employed for 12 months.

Can anyone shed some light on the subject?

Thank you!

 

[cachsux]

1250 hours for 12 weeks of coverage, 625(?) or so for 6 weeks of FMLA. The 3 years thing is bs. The employee needs to contact the DOL.

 

[Catatonic]

We have a situation at our gateway that I am inquiring about that I heard of today.

The company has told a part time employee that he is not able to use FMLA because he has not been employed for 3 years. To my knowledge, and this is why I'm asking, being employed 3 years is not a requirement. I had an FLMA problem with UPS many years ago, and when I researched it then it was 1250 hours in the last 12 months of employment, and you had to be employed for 12 months.

Can anyone shed some light on the subject?

Thank you!

Part-time employees are not normally covered since they do accumulate 1250 hours of work in the previous year.
1250 hrs/52 weeks= 24 hrs per week.

It appears the 3 year rule allowed by UPS for p/t employees is above and beyond the FMLA laws as a way to "be fair" to the large number (over 50% of the workforce) of P/T employees.

If the P/T employee in question worked 1250 hours last year, then he/she should be eligible under the FMLA specifications.

There may be something in the UPS/Teamster contract for P/T employees as cachsux alluded to. There is nothing in the FMLA to accommodate P/T employees.

 

[Jones]

There's a bill in the house that would extend FMLA coverage to PT workers, but it has about zero chance of making it out of committee, much less actually passing.

 

[UpstateNYUPSer(Ret)]

Let me get this straight----this guy has not been employed by UPS for more than 3 years yet wants to receive FMLA benefits. Really?

 

[UPS Preloader]

UPS'S FMLA policy is on upsers.com

Employees are eligible if they have worked for UPS for at least 12 months, for 1,250 hours over the previous 12 months.

Additionally, any UPS employee not eligible for FMLA leave according to the requirements listed above, but who has worked for UPS for a minimum of 36 consecutive months and for at least 625 hours during the previous 12-month period, may still be eligible for leave under the UPS FMLA Policy. In these instances, the employee may take up to 6 weeks of leave for qualifying events 1 – 4 listed above, and up to 13 weeks of leave for qualifying event 5 (military caregiver leave).

 

[cachsux]

Let me get this straight----this guy has not been employed by UPS for more than 3 years yet wants to receive FMLA benefits. Really?

Yea, Dave, really.

What do think it is ,a vacation plan or something? Say a prayer that you don't have the need for it and leave it at that.

 

[cachsux]

UPS'S FMLA policy is on upssers.com

Employees are eligible if they have worked for UPS for at least 12 months, for 1,250 hours over the previous 12 months.

Additionally, any UPS employee not eligible for FMLA leave according to the requirements listed above, but who has worked for UPS for a minimum of 36 consecutive months and for at least 625 hours during the previous 12-month period, may still be eligible for leave under the UPS FMLA Policy. In these instances, the employee may take up to 6 weeks of leave for qualifying events 1 – 4 listed above, and up to 13 weeks of leave for qualifying event 5 (military caregiver leave).

Federal and State laws supersede UPS policy. The PT'imer needs to follow that avenue.

 

[Catatonic]

Federal and State laws supersede UPS policy. The PT'imer needs to follow that avenue.

True but unless he/she has worked 1250 hours (24 hours per week) in the previous 12 months there is nothing to pursue.

 

[cachsux]

True but unless he/she has worked 1250 hours (24 hours per week) in the previous 12 months there is nothing to pursue.

From the DOL website:


"The 12 months of employment do not have to be consecutive. That means any time previously worked for the same employer (including seasonal work) could, in most cases, be used to meet the 12-month requirement. "

 

[Jones]

The way I'm reading it the 12 months of employment don't have to be consecutive, but the 1250 hours do have to be accrued over the previous 12 consecutive months.

 

[Catatonic]

From the DOL website:


"The 12 months of employment do not have to be consecutive. That means any time previously worked for the same employer (including seasonal work) could, in most cases, be used to meet the 12-month requirement. "

Jones beat me to it but ...
The 1250 hours have to be in the preceding 12 months.

This rule is the one that is relevant in this thread as the employee is over 12 months but not to 36 months yet so that the UPS accommodation will take effect.

 

[Skooney]

Let me get this straight----this guy has not been employed by UPS for more than 3 years yet wants to receive FMLA benefits. Really?

I'd suggest to not be so quick to judge. He is a young kid, born with diabetes and he is having an extremely difficult time. How about say a prayer for him instead of labeling him.

 

[brown bomber]

Dave, what are the "benefits" of FMLA, that you reference ????....I know about FMLA, having used it....the only true benefits are that you maintain your healthcare, and seniority....you lose all of your vacation (except for 1 week), which in my case was messed up...I designated the week, and it wasn't given to me.....and by the way you're not paid, except for the vacation payoff....fortunately for me FMLA, allowed me to make a difficult transition

 

[gingerkat]

Actually, it does need to be in a consecutive 12 week time frame. That is the federal law on that and most state laws follow suite. If UPS decides to grant FMLA leave, that is ultimately their choice and a generous one at that, but most employers pretty much follow along go with fed/state laws. I'm not just pulling this out of my arse, but from a professional insurance standpoint.

 

[UpstateNYUPSer(Ret)]

This is not true----FMLA can be taken on an intermittent basis.

 

[BrownBrokeDown]

As long as he has the hours worked in the previous 12 months, there is no reason why he can't qualify. It can be for either intermittant or for a stretch of time. The most important part, is making sure the doctors FILLS EVERYTHING OUT, and that they pay attention and FILL IT OUT CORRECTLY. And don't let HR fax it to your doctor. Take it to your doctor yourself. In my case HR mistyped the fax number in. It was a pain.

And Upstate, pt or ft, it doesn't matter. Sometimes happens. Trust me, I didn't plan on being part time when my wife was diagnosed with cancer last year when I had to file for it.

 

[Bagels]

An older thread, but I will say that we've had what's known as "Family Leave Fridays" around here. And in perhaps one of the most memorable moments of my career, I was assisting with new hire orientation and a person asked me "how long do we have to work here before we can go on family leave."

 

[gingerkat]

This is not true----FMLA can be taken on an intermittent basis.

Sorry, you're absolutely correct. My brain was moving too fast. I was getting my 12's mixed up. Intermittent no prob.