Family Medical Leave Act Rights ?

jwknow · Oct 30th, 2006, 02:33 PM

I am entitled to 12 week FML with my employer due to a parent that has serious health issues. The time will be taken one day at a time or as necessary. I requested and received 12 weeks last year with no problem.

This year, my employer has agreed to the 12 weeks again but says that it is only in effect for 6 months instead of for a full 12 months. They say they will review it in 6 months and decide if I can have the second 6 months. Is this legal? I thought FML was given, by law, for a full 12 months at a time. In 6 months I won't have the 1250 hours worked that are necessary for FML and I'm afraid they will try to use that against me. My question is, is my employer legally allowed to give me FML in 6 month increments or are they required to give it in 12 month increments.

Thanks
JW Know

Nov 10th, 2006, 12:03 AM

I am not an attorney, but I am a Labor Relations Specialist and I handled FMLA cases. The law does not allow the employer to do that. If you have the required 1250 hours when you requested it and your parent's doctor said on the form you will be needed for the entire year, they cannot decide to only let you have it for six months. Intermittent leave is upsetting to employers. I work for management and I could explain all the whys to you, but all you need to know is they can't do that. If you are represented by a Union, contact your Union Representative immediately.

Nov 10th, 2006, 12:05 AM

I am not an attorney, but I am a Labor Relations Specialist and I have handled many FMLA cases. The law does not allow the employer to do that. If you have the required 1250 hours when you requested it and your parent's doctor said on the form you will be needed for the entire year, they cannot decide to only let you have it for six months. Intermittent leave is upsetting to employers. I work for management and I could explain all the whys to you, but all you need to know is they can't do that. If you are represented by a Union, contact your Union Representative immediately.[/quote]

Nov 10th, 2006, 11:12 PM

Good input--hope you continue to give comments here!!

Oct 30th, 2006, 02:33 PM	#1
jwknow Junior Member Last Online: Dec 6th, 2006 01:47 PM Join Date: Oct 2006 Posts: 1	Family Medical Leave Act Rights ? I am entitled to 12 week FML with my employer due to a parent that has serious health issues. The time will be taken one day at a time or as necessary. I requested and received 12 weeks last year with no problem. This year, my employer has agreed to the 12 weeks again but says that it is only in effect for 6 months instead of for a full 12 months. They say they will review it in 6 months and decide if I can have the second 6 months. Is this legal? I thought FML was given, by law, for a full 12 months at a time. In 6 months I won't have the 1250 hours worked that are necessary for FML and I'm afraid they will try to use that against me. My question is, is my employer legally allowed to give me FML in 6 month increments or are they required to give it in 12 month increments. Thanks JW Know

Nov 10th, 2006, 12:03 AM	#2
Unregistered Posts: n/a	Re: Family Medical Leave Act Rights ? I am not an attorney, but I am a Labor Relations Specialist and I handled FMLA cases. The law does not allow the employer to do that. If you have the required 1250 hours when you requested it and your parent's doctor said on the form you will be needed for the entire year, they cannot decide to only let you have it for six months. Intermittent leave is upsetting to employers. I work for management and I could explain all the whys to you, but all you need to know is they can't do that. If you are represented by a Union, contact your Union Representative immediately.

Nov 10th, 2006, 12:05 AM	#3
Unregistered Posts: n/a	Re: Family Medical Leave Act Rights ? I am not an attorney, but I am a Labor Relations Specialist and I have handled many FMLA cases. The law does not allow the employer to do that. If you have the required 1250 hours when you requested it and your parent's doctor said on the form you will be needed for the entire year, they cannot decide to only let you have it for six months. Intermittent leave is upsetting to employers. I work for management and I could explain all the whys to you, but all you need to know is they can't do that. If you are represented by a Union, contact your Union Representative immediately.[/quote]

Nov 10th, 2006, 11:12 PM	#4
Unregistered Posts: n/a	Re: Family Medical Leave Act Rights ? Good input--hope you continue to give comments here!!

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