Anyone know some rules about FMLA?

  1. Hi everybody,

    I have been taking intermittent family medical leave (FMLA) since last October, 2005. I took almost my full 12 weeks for this period, but was going to renew it since I still am unable to work fulltime.
    My employer is actively searching for a reason to not approve any more FMLA. I am searching the web for info, but most of it doesn't apply to me.

    What I am looking for is this:
    -after my first year is up (this october) could I then apply for a new "year" period, since i didn't start taking leave at a new calendar year?
    or does an employee have to go by calendar year to take leave?
    -if I worked over the hour limit needed to qualify (i think it's 1250 hours during the previous year) am I eligible to take another 12 weeks of FMLA?

    our facility does not have a policy about this in which to look, so I am basically trying to figure this out on my own.
    I guess my only other option is to file for social security disability if I cannot take FMLA from my job.

    If anyone knows anything about this and could tell me how your facility does it I would be grateful.

    Thanks~
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    10 Comments

  3. by   TazziRN
    It would go by the rest of your benefits. If your med bennies go by calendar year, then so will FMLA.
  4. by   INnurse
    Family Medical Leave is a federal program. You can find the complete rules and regulations at:

    http://www.opm.gov/oca/leave/HTML/fmlaregs.htm


    The act states "An employee shall be entitled to a total of 12 administrative workweeks of unpaid leave during any 12-month period".

    Hope this helps.
  5. by   TazziRN
    Quote from INnurse
    Family Medical Leave is a federal program. You can find the complete rules and regulations at:

    http://www.opm.gov/oca/leave/HTML/fmlaregs.htm


    The act states "An employee shall be entitled to a total of 12 administrative workweeks of unpaid leave during any 12-month period".

    Hope this helps.

    That's good to know.....means my facility is doing it wrong. They go by calendar year. If the hospital does not grant paid leave then they don't give us the paperwork to apply for FMLA.
  6. by   rehab nurse
    well, i applied last fall to take intermittent leave.

    my forms will expire in mid october, and my boss is telling me i either need to come to work, or be fired for absenteeism. i cannot work fulltime yet due to many health issues.

    my boss said after that magical date in october, i will no longer be covered by FMLA and will be terminated, even if i get a renewal medical forms in to continue my leave.

    i tried calling DOL website, and also wage and hour division, but just got answering machines so far.

    our benefits usually go december 1 to december 1. we renew health and other bennies every november.

    i have worked over 950 hours this calendar year, but if they count from last october, when i was initially covered by fmla, i have over 1250.

    i can't wait to finish school and be done with this he**hole environment.

    sigh. thanks for the quick links.
  7. by   Donnetterr
    Facilities can choose to be more generous than the regulations require, but at a minimum, they must comply with the fed regs pursuant to FMLA. This means they must provide up to 12 weeks of leave to employees with at least 12 months of service who have worked at least 1250 hours within the previous 12 months (to when the leave began). At the end of the 12 weeks, the employer has the right to stop "protecting" your position, but may choose to allow you more time if it wants to. At our facility, we will renew the leave for up to another 12 weeks, but separation from employment occurs if you don't return by the end of 24 total weeks.
  8. by   IMustBeCrazy
    You need to know that your 12 weeks of FMLA does not renew a full "bank" of 12 weeks when your forms expire in October, 2006.

    This is how it is calculated. Let's say you signed up for FMLA October 1, 2005, but, for example, took a full 4 weeks of leave during October 2005, 4 weeks leave for all of July 2006 and 4 weeks of leave for all of September 2006. In calculating what FMLA time you have available, your work needs to "look back" from October 1, 2006 (if you turn in your papers to recertify on Oct 1 2006) for 12 months. So, in this case, you would have one day of FMLA available to you to use October 1, 2006, one day of time to use Oct 2, 2006 etc until the end of October. Providing that you would be continuously out of work for the entire month of October 2006, you would have no more FMLA time to use for November 2006 through June 2007 until you would requalify for more time beginning July 1, 2007.

    Your employer can try to mess with FMLA but it is considered harassment (bad idea for them) if they make attempts to decline the FMLA forms signed by your doc to recert you for the new year. Generally speaking, your doc is in the best position to determine whether you qualify for FMLA.

    A common misconception is that intermittent FMLA is without checks and balances. This is not true. If an employee on intermittent FMLA shows a pattern of abuse, for example calling in on a string of consecutive scheduled weekends claiming FMLA (when they have been working most of their other weekly hours), the employer does have the right to demand the employee to recert for THAT SPECIFIC TIMEFRAME, EVEN DAILY.

    Hope this helps.
  9. by   rehab nurse
    Imust be crazy,

    I read the link that was first posted from INnurse, and it really helped me understand.
    If I am reading correctly, I CAN apply for another 12 weeks of leave in October, because my "year" runs from date of filing until 12 months later (unless you use all the time up in the meantime).
    I DO have a qualifying medical reason, a handful actually, but I am only claiming one. They refuse to let me go part-time, which would really help me out, and I wouldn't need to use my FMLA time. I am essentially using FMLA days to work a reduced workweek schedule because my employer won't accomodate me. Their loss, I guess.
    They are giving me a lot of grief. I have 5 specialists telling me to file for disability, which I am in the process of doing, but in the meantime, I have to make just enough to get insurance for me and my kids. I have to support my two children, since my ex has no part of it. So I have two doctors (my main ones) right now signing my paperwork, since they didn't "believe" the first doctor.
    I always provide notes if I am getting treatment, going to appointments, etc. Taking intermittent leave for my illness, I have always kept track of my days calling in, and what reason I gave. I am only in the 10 week range right now, but I read in the FMLA paperwork that leave can be taken in increments of minutes. While I never got that indepth, because I never took it like that.
    If I couldn't reasonably work, I don't go. If I am not safe to work, I don't go. I am very easily replaced by a whole slew of nurses who love to pick up my days. I can see it from my employer's side as well, but I am not, nor have I ever, abused my leave. I have been living in fear that I will be asked, "why did you miss such and such a day?" and I have it all written out in my little calendar. I keep the originals of all my notes from doctors related to my illness.
    Thank you all for helping me to understand this. It is so very confusing. If anyone has stories they can share with me with regards to how your employer accomodates your FMLA, I would love to hear them.

    Thanks~
  10. by   emllpn2006
    In may last job they compiled FMLA in minutes. Say you work 40 hours a week you got 12 weeks at 40 hours which equals 28,800 minutes in a rolling 12 month period. Say you have alreasy used up all your FMLA time and 1 year ago today you called in 45 minutes for a doctors appointment. Then today you would have 45 minutes you could call in.
  11. by   GatorRN
    I used intermittent FMLA with my last employer. My year ran from the date of initial filing until one yr later. At that point because I had worked the required 1250 hrs the previous yr, while being covered under FMLA, and had a doctors note, they renewed it for another year. I haven't read the link provided earlier, but I think legally they have to renew it as long as the requirements are met. You may need to consult with an attorney. Some will give free consultations or even speak to you over the phone. Good Luck.
  12. by   vamedic4
    -after my first year is up (this october) could I then apply for a new "year" period, since i didn't start taking leave at a new calendar year?

    Yes, you apply for renewed leave one year after you initially applied, the calendar month doesn't matter.


    -if I worked over the hour limit needed to qualify (i think it's 1250 hours during the previous year) am I eligible to take another 12 weeks of FMLA?


    Yes, you simply need to reapply for intermittent FMLA.

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