When Does FMLA Leave Start Over

[writer]

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

 

[Jim Kemp]

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]

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]

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]

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]

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]

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

No, FMLA participant.

 

[Jim Kemp]

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]

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]

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??

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]

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.

 

[Jim Kemp]

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]

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]

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]

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]

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

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]

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]

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]

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.

 

[Jim Kemp]

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".