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  1. #1
    Join Date
    Jul 2012
    Posts
    28

    Default FMLA is for "Life" or Per Year

    My workers compensation claim was made in the State of:

    My ER just informed me that I now have only 2 weeks left of FMLA time! Huh? They voluntarily offer 26 weeks of FMLA to workers, not just the minimum 12 weeks. Nowhere does it state anywhere in their policy booklet that this 26 weeks FMLA deal is "for life of employment"! I've been on and off FMLA for over 6 years and have used much more than 26 weeks so far. Was I wrong in assuming my 26 weeks FMLA simply rolled over each year? I certainly did not use 23 weeks of FMLA in the past year either. How can they change a federally mandated policy except to voluntarily expand it? Can they change the yearly roll over just like that?

    If this is the true, women are only allowed to have one child to take 6 mos. to care for a newborn during their entire employment --- yet they have! Why me? Bec. of WC status? They are not giving me any answers. I tried calling the ER FMLA coordinator and she refused to speak with me. I also called the head of HR and she's refusing to speak with me also!

  2. #2
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: FMLA is for "Life" or Per Year

    Quote Quoting farmlove View Post
    My workers compensation claim was made in the State of:

    My ER just informed me that I now have only 2 weeks left of FMLA time! Huh? They voluntarily offer 26 weeks of FMLA to workers, not just the minimum 12 weeks. Nowhere does it state anywhere in their policy booklet that this 26 weeks FMLA deal is "for life of employment"! I've been on and off FMLA for over 6 years and have used much more than 26 weeks so far. Was I wrong in assuming my 26 weeks FMLA simply rolled over each year? I certainly did not use 23 weeks of FMLA in the past year either. How can they change a federally mandated policy except to voluntarily expand it? Can they change the yearly roll over just like that?

    If this is the true, women are only allowed to have one child to take 6 mos. to care for a newborn during their entire employment --- yet they have! Why me? Bec. of WC status? They are not giving me any answers. I tried calling the ER FMLA coordinator and she refused to speak with me. I also called the head of HR and she's refusing to speak with me also!
    FMLA allows special 26 week leave entitlement for members of the military. the fact that they offered the extended duration to you means they may have made other exceptions.
    I believe federal FMLA regulations use a rolling 52 week period for investment.


    you should find out what limits they put on the voluntary extension. they cannot allow you less then 12 weeks within the last 12 months.
    you can file a complaint.

    more here http://www.dol.gov/whd/fmla/
    Last edited by .SH; 07-20-2012 at 03:29 PM.

  3. #3
    Join Date
    Jul 2012
    Posts
    28

    Default Re: FMLA is for "Life" or Per Year

    But I'm not in the military and never have been! This is an all-encompassing standard blanket policy offered to every and all workers in any capacity. (Maybe they decided to encompass all employees in their very generous policy? They are a very proud and patriotic company, with many in the reserve forces working here.)

    There are no stated "for life" limits on their official policy. It only says they "offer 26-weeks of FMLA time to employees who may need it". Not per year nor for "for life of employment". How can they make up their own time limits on a policy the feds created? If an employer decides to offer more than standard time out that's their decision, not the feds. The fed standard is "per year". Not "for life of employment".

    Thanks for the link. I'll definitely use it!

    - - - Updated - - -

    There is no official complaint department, not even for FMLA. The only thing I got off the website was the phone contact number which I WILL be calling Monday AM: Toll-free 866-487-9243 if anyone needs it.

    Thanks. I never knew some govt. offices are open until 8 pm EST. It's 8:04 pm. Darn.
    Last edited by farmlove; 07-20-2012 at 04:08 PM. Reason: Title should read "for life"

  4. #4
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    347

    Default Re: FMLA is for "Life" or Per Year

    My FMLA, is good for 1 year for each episode, but I have a union job. My leave request has to be authorized by a doctor. How long did your physician write you off for? You may need to extend the dates.

  5. #5
    Join Date
    Jul 2012
    Posts
    28

    Default Re: FMLA is for "Life" or Per Year

    During the last 6 years most leaves were for 6 wks up to 4 months at a time for surgery recoveries. What's weird is, I've used much more than 26 weeks since going on FMLA. Why would they change the policy in mid-stream? When we weren't aware there even WAS a stream!

    How can I extend the dates? Is there a process to it, and can you provide any links to speed the search? I do NOT want to lose my job over such a silly technicality, just when I finally got back on light duty.

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