FMLA

[HotCarl]

Is anyone familiar with the rules and regulations covered under FMLA.

 

I am my sister's emergency contact, I had to take her to the hospital last friday and thus attempted to start the FMLA process only for my HR dept to say siblings are not covered.

 

The only coverage I have found so far are stipulations for myself and my employer. I've been employed over a year, have worked over the required hours to qualify, and my employer employ's over 50 people within 75 miles etc...

[Geeto67]

Is anyone familiar with the rules and regulations covered under FMLA.

 

I am my sister's emergency contact, I had to take her to the hospital last friday and thus attempted to start the FMLA process only for my HR dept to say siblings are not covered.

 

The only coverage I have found so far are stipulations for myself and my employer. I've been employed over a year, have worked over the required hours to qualify, and my employer employ's over 50 people within 75 miles etc...

 

http://siblingleadership.org/wp-content/uploads/2015/08/FMLA-Fact-Sheet.pdf

 

Siblings have never been explicitly included in the FMLA, which lists eligible family members as a parent, spouse, son, or daughter. After working closely with the Sibling Leadership Network, the Department of Labor has rel

eased updated Fact Sheets and FAQs detailing the instances when siblings may be covered under the FMLA.

 

also:

https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/fmla-leave-sibling-care.aspx

 

The DOL didn't stop there. The agency also issued FAQs which, among other things, answered the question: "I am a caregiver for my brother who is not able to take care of himself. Can I take FMLA leave for his care?:" The DOL curiously responded as follows:

 

Maybe. FMLA leave to care for a relative is generally limited to caring for a spouse, son, daughter or parent. An eligible employee standing in loco parentis to a sibling who is under 18, or who is 18 years of age or older and incapable of self-care because of a mental or physical disability, may take leave to care for the sibling, if the sibling has an FMLA-qualifying serious health condition.

 

I can tell you from years ago when my wife went on Maternity leave that you usually have to burn through all your vacation days before they trigger the FMLA days.

 

My general impression is that your employer is going to fight you on this because they don't see it as generally covered.

[Drewhop]

I was under impression FMLA was used for more frequent missed days vs single absence. Are they giving you shit about 1 day?

[coltboostin]

Is anyone familiar with the rules and regulations covered under FMLA.

 

I am my sister's emergency contact, I had to take her to the hospital last friday and thus attempted to start the FMLA process only for my HR dept to say siblings are not covered.

 

The only coverage I have found so far are stipulations for myself and my employer. I've been employed over a year, have worked over the required hours to qualify, and my employer employ's over 50 people within 75 miles etc...

 

 

Im confused- you couldn't just call off? Whats the issue?

[Franchi]

OPS manager for a large disability company and handled FMLA for years so well familiar with just about all aspects of it.

 

Your HR is correct, sibling relationship is not covered under FMLA. Usually it's for yourself, child, spouse or parent but siblings aren't covered.

 

FMLA is typically used for two type of scenarios, continuous ( off work for a single, extended block of time ) or intermittent ( off work intermittently as needed, for things like going to dr frequently , getting medical treatment 2X a week, dealing with a chronic on going medical problem that flares up periodically ect ect )

 

FMLA wouldn't be used for a single instance of needing to call off once for a situation like you described, the min amount of time you can start a FMLA leave for for is 3 days continuous.

 

Hope that helps.

[Supplicium]

OPS manager for a large disability company and handled FMLA for years so well familiar with just about all aspects of it.

 

Your HR is correct, sibling relationship is not covered under FMLA. Usually it's for yourself, child, spouse or parent but siblings aren't covered.

 

FMLA is typically used for two type of scenarios, continuous ( off work for a single, extended block of time ) or intermittent ( off work intermittently as needed, for things like going to dr frequently , getting medical treatment 2X a week, dealing with a chronic on going medical problem that flares up periodically ect ect )

 

FMLA wouldn't be used for a single instance of needing to call off once for a situation like you described, the min amount of time you can start a FMLA leave for for is 3 days continuous.

 

Hope that helps.

 

This is correct. It is also unpaid and basically just protects your job while you are out for those reasons

[Zx2guy19]

http://siblingleadership.org/wp-content/uploads/2015/08/FMLA-Fact-Sheet.pdf

 

 

also:

https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/fmla-leave-sibling-care.aspx

 

 

I can tell you from years ago when my wife went on Maternity leave that you usually have to burn through all your vacation days before they trigger the FMLA days.

 

My general impression is that your employer is going to fight you on this because they don't see it as generally covered.

 

Nope- that is a company by company basis. FMLA has no mandate for PTO requirement utilization.

 

I was under impression FMLA was used for more frequent missed days vs single absence. Are they giving you shit about 1 day?

 

There is FMLA and something called "intermittent" FMLA, which is used on an "as needed" basis.

 

OPS manager for a large disability company and handled FMLA for years so well familiar with just about all aspects of it.

 

Your HR is correct, sibling relationship is not covered under FMLA. Usually it's for yourself, child, spouse or parent but siblings aren't covered.

 

FMLA is typically used for two type of scenarios, continuous ( off work for a single, extended block of time ) or intermittent ( off work intermittently as needed, for things like going to dr frequently , getting medical treatment 2X a week, dealing with a chronic on going medical problem that flares up periodically ect ect )

 

FMLA wouldn't be used for a single instance of needing to call off once for a situation like you described, the min amount of time you can start a FMLA leave for for is 3 days continuous.

 

Hope that helps.

 

Nailed it. This guy must be in HR (nice to meet a fellow one).

[Drewhop]

Nope- that is a company by company basis. FMLA has no mandate for PTO requirement utilization.

 

 

 

There is FMLA and something called "intermittent" FMLA, which is used on an "as needed" basis.

 

 

 

Nailed it. This guy must be in HR (nice to meet a fellow one).

 

Been doing cancer treatments on and off for past 1.5 years or so. FMLA is a blessing and a pain in the ass. I think typically most companies allow 6 months from initial turn in of required paperwork before it needs updated again. Then random audit of actual days in hospital can be requested.

[Zx2guy19]

Been doing cancer treatments on and off for past 1.5 years or so. FMLA is a blessing and a pain in the ass. I think typically most companies allow 6 months from initial turn in of required paperwork before it needs updated again. Then random audit of actual days in hospital can be requested.

 

Sorry to hear that- yes, it can be a pain in the ass. The company is only legally required to provide 480 hours/12 weeks of FMLA. After that, they may allow you to remain off under a medical leave of some sort, but your role isn't protected like it is under FMLA.

 

And yeah, we rarely ask for updates unless we suspect suspicious activity (FB postings, etc.).

[2 Sweet]

This is correct. It is also unpaid and basically just protects your job while you are out for those reasons

 

Huh? Unpaid?

[Supplicium]

Huh? Unpaid?

 

 

"FMLA" refers to the Family and Medical Leave Act, which is a federal law that guarantees certain employees up to 12 workweeks of unpaid leave each year with no threat of job loss. FMLA also requires that employers covered by the law maintain the health benefits for eligible workers just as if they were working.

[Geeto67]

Nope- that is a company by company basis. FMLA has no mandate for PTO requirement utilization.

 

 

 

There is FMLA and something called "intermittent" FMLA, which is used on an "as needed" basis.

 

.

 

That's why you are the expert

[10phone2]

Is she your legal dependent by chance? I have seen cases where an employee is allowed to take so many days/hours per month at any time once they have submitted the necessary paperwork. You may end up having to go with a personal leave. I am not sure how a personal leave would work or stop you from taking periodic days in a two week time frame.

[2 Sweet]

"FMLA" refers to the Family and Medical Leave Act, which is a federal law that guarantees certain employees up to 12 workweeks of unpaid leave each year with no threat of job loss. FMLA also requires that employers covered by the law maintain the health benefits for eligible workers just as if they were working.

 

So what's the "paid" version of FMLA called? Years ago, I missed over two months of work after knee surgery and I continued to receive a paycheck. It was significantly reduced (maybe 60% of what I would normally earn) but I still got paid. I thought that was FMLA but maybe I'm confusing it with something else

[HotCarl]

So what's the "paid" version of FMLA called? Years ago, I missed over two months of work after knee surgery and I continued to receive a paycheck. It was significantly reduced (maybe 60% of what I would normally earn) but I still got paid. I thought that was FMLA but maybe I'm confusing it with something else

 

I think you're referring to disability. Which could vary from company to company.

[HotCarl]

So to answer some questions:

My employer wasn't giving me any shit over one day, I have near perfect attendance (two tardies over the last calendar year ) this was more of a move to cover my ass IF this medical situation required more hospital or doctors visits. I wanted to explore the intermittent form of FMLA to cover this. I have a coworker that filed for "intermittent" FMLA after his son was born so he could go to all of the doctors appointments... which just happen to fall on a Friday every week for a month.

 

And I understand, FMLA is only meant to save my job at work, not to reimburse me for missed time away.

 

Had I had any personal days left I could have used one, unfortunately I only have a week of vacation and they absolutely will not let employee's use individual days from their vacation weeks, i know its stupid but I think they're point of view is that it would be too much for one supervisor and one manager to effectively monitor and have positions covered at all times so it is what it is.

 

And my sister is not my legal dependent at all, although she sometimes acts like it.

[Franchi]

So what's the "paid" version of FMLA called? Years ago, I missed over two months of work after knee surgery and I continued to receive a paycheck. It was significantly reduced (maybe 60% of what I would normally earn) but I still got paid. I thought that was FMLA but maybe I'm confusing it with something else

 

In a nutshell, STD ( Short Term Disability ) is paid medical leave offered by your employer and subject to your employers rules and regs. That's likely what you used prior.

 

FMLA is government unpaid job protection - meaning your employer can't fire you if out on an approved FMLA leave

 

 

So to answer some questions:

My employer wasn't giving me any shit over one day, I have near perfect attendance (two tardies over the last calendar year ) this was more of a move to cover my ass IF this medical situation required more hospital or doctors visits. I wanted to explore the intermittent form of FMLA to cover this. I have a coworker that filed for "intermittent" FMLA after his son was born so he could go to all of the doctors appointments... which just happen to fall on a Friday every week for a month.

 

And I understand, FMLA is only meant to save my job at work, not to reimburse me for missed time away.

 

.

 

Yep, just will have to work with your employer if scenario arises again and will be needing time off periodically to take care of her simply because it wouldn't be covered under FMLA since sibling relationship. 99% of the time, stuff like that can be easily worked out with the employer long as you keep them in the loop with what's going on and are reasonable with time off requests.

 

Sadly, yes, I know entirely too much of the few folks who apply for intermittent FMLA and then seems like their Dr appts are always scheduled on Friday afternoon... :fuuuu:

 

And they think that isn't tracked or watched.... Ha.

[Zx2guy19]

Just to echo everyone else here, FMLA is unpaid, but it is usually run concurrently with a paid benefit, like STD. Not all companies offer that (and they're all different- for example, where I work, it's 6 weeks at 100% pay and 6 weeks at 50% pay).

 

You only receive STD pay for yourself, too. If you take it for a parent, spouse or child (the other things you're allowed to take it for), it is almost always unpaid (unless you have a really generous employer).