FMLA
Posted By: missmt on 2009-09-09
In Reply to: Spheris is wrong - Tired MT
Is true, They must hold your job for 12 weeks, I guess since they do most of their business in India now they think they don't have to follow Federal law.
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They do not pay for FMLA. That is
just protection put in place by the government to hold your job. The only way you would be paid is if you have vacation/PTO time or sick time available for use. You can be off with FMLA, but not paid if there is no PTO available for you to use.
FMLA-MT
Is this part new? I worked for a national and had FMLA 3 times between 2006-2008 and none of the paperwork said anything about the below.
*Are employed at a company that employs 50 or more employees within 75 miles.*
FMLA
Just one point. No, they do not have to always approve it. There are certain criteria that have to be met including that the person must need full-time care, they are unable to feed themselves, and I forgot the other, but I do know those 2. My daughter had an emergency C-section a few months ago and has an 18-month old at home. She was not allowed to lift either child for 4 weeks after the surgery due to some complications so couldn't pick the baby up from her crib or pick her up 18-month-old to change diapers nor could she herself get in and out of the shower, walk steps (laundry) or basically even get in and out of bed. My FMLA was denied because my daughter could still feed herself. She is an employer lawyer and had told me right away I wouldn't get FMLA, and she was right. It will only be approved if it meets all the criteria.
what about FMLA, does that apply? nm
x
Quit Job-FMLA
Laurie, First I want to offer my since condolences on the loss of your father.
I lost my mother 5 years ago. I don't have much good to say about my former employer, Spheris, but I will have to give them credit regarding their 3-day bereavement policy. My mom was in the hospital about a week before she passed. At the time I was working M-F, 2nd shift My brother called me the night she went into the ER, thinking she might pass that night. I emailed my supe and went to the hospital. When she did pass a week later, it was just after midnight between F-S, so I had the weekend off. The funeral was on Monday. I took my 3 days M-W and even asked for an extra day and got it as regular PTO. This was at a time when there were 3-4 hurricaines in Florida, where Spheris was based at that time and they had a lot of employees fleeing for their lives and the work volume was super high. I felt a little bad leaving them in the lurch, but I certainly took the time allotted.
As far as your FMLA, why wasn't it approved? By federal law they have to approve it. If you have PTO, you have to use that first and then any additional time is, of course, unpaid. Last year, my son was in a near-fatal accident and I applied and was granted full-time FMLA for the first week and then intermittent FMLA thereafter. Of course, I had a ton of PTO accrued so getting paid wasn't an issue for me. At that time, I worked a split a.m. and evening p.m. shift. I tried to work in the a.m. and p.m. and go to the hospital in the afternoon. However, if I needed to go in the a.m., I just emailed my supe. My son lived, thank God, and when he came home from the hospital he had many followup Dr. appts and many of them were in the a.m. due to Dr's office scheduling. I used my FMLA as needed with approval. Occasionally I made up time.
I don't really have much advice regarding what to say on job aps after quitting.
I know this is very long, but I just wanted to tell you that you have my sympathy for your ordeal. Maybe it wasn't the best to quit, but I would still like to know why they didn't approve your FMLA? Email if you want to talk further.
Sincerely, Lorie
FMLA only gives you the right to be out - the only pay you would get would be saved PTO or short-ter
x
FMLA - Depending on your state
might pay. I remember reading NJ just passed FMLA with up to 12 weeks pay (you'd have to be employee status though because it's taken from state disability funds you're paying into) and I think CA also provides for paid FMLA now. My state doesn't pay for FMLA, but does temporary disability and maternity is covered under that.
FMLA for the birth of a child
I work for Spheris and am questioning their FMLA policy. They are telling me that while I'm eligible for UP TO 12 weeks of FMLA, they are only approving 6 weeks after the birth of my child. According to what I read and understand about FMLA, for the birth of a child you are entitled to the full 12 weeks but HR is telling me that it's up to them to decide what I am able to take off and right now they feel I only need 6 weeks unless they have a doctor's note to extend it (which my doctor will not provide as there is no medical reason at this time). Everyone else I know gets the full 12 weeks and has never had a problem with their employers so I'm wondering who is right.
Found this description of FMLA eligibility
Employees eligible for leave under FMLA are those who:
· Have completed at least 12 months of service with the company, and
· Have a minimum of 1,250 hours of service during the 12 month-period immediately preceding the
commencement of the leave, and
· Are employed at a company that employs 50 or more employees within 75 miles.
What if you've already used FMLA leave before, or you think you may use it again in the near future?
You may wonder if you still have FMLA leave available to you. TriNet uses a rolling 12 months
measured backwards from the date an employee uses any FMLA leave. In other words: you’ll look at the
end date of your requested FMLA leave, then look back 12 months to determine if you’re still entitled to
any of your 12-week FMLA leave within that period.
go to their Portal, put FMLA in Search box, click FAQ.
nm
MTSOs have a unique loophole in the FMLA Federal
MTSOs have a unique loophole. I got caught up in it a couple of years ago when trying to use medical leave for my personal medical illness.
Here are the Federal Requirements:
EMPLOYEE ELIGIBILITY
To be eligible for FMLA benefits, an employee must:
• work for a covered employer;
• have worked for the employer for a total of 12 months;
• have worked at least 1,250 hours over the previous 12 months; and
• work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.
The loophole for MTSOs is the last one …”50 employees… within 75 miles.” MTSOs can interpret that to mean “50 employees who WORK FOR SPHERIS” within 75 miles of EACH OTHER. So, if you live in the middle of Wyoming, there may not be 50 employees within a 75 mile radius of your home. Thus, the loophole, which some MTSOs actually do use.
HOWEVER, some employees do have a counter-loophole. States also have FMLA requirements, and the State that you live in supersedes Federal requirements. In my case my Sate does not have the “75 mile radius” requirement, so after I contacted my MTSO and informed them of that, they backed down and approved all the leave I wanted.
Check out your State requirements to see if they are different. If they are not, if you can survive with 6 weeks and want to keep your job, I would not rock-the-boat any further. Personally, I would use those 6 weeks to find another employer who is more employee friendly, if there are any left out there.
Good Luck and Congratulations on the new Baby.
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