Anyone know anything about the Family Medical Leave Act?

[Bertha Venation]

The way I understand it, it protects you from losing your job. The way my sister understands it, not only does it protect you from losing your job, but it protects you from your employer putting negative actions/remarks in your personnel file for time off the job while under FMLA. For example, taking time off without pay here is a very serious no-no, and gets you a negative action report. According to my sister, my employer is forbidden to do that if I'm under FMLA.

Anyone?

Thanks.

[Statistical]

1. It protects you from adverse action ...

The FMLA further requires employers to provide for eligible workers:

* Restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility.
* Protection of employee benefits while on leave. An employee is entitled to reinstatement of all benefits to which the employee was entitled before going on leave.
* Protection of the employee to not have their rights under the Act interfered with or denied by an employer.
* Protection of the employee from retaliation by an employer for exercising rights under the Act.

http://en.wikipedia.org/wiki/FMLA#Benefits_for_Employees_Mandated_by_the_Law

Of course legal advise on DU or wikipedia is worth what you pay for it. :)

If an employer put adverse note in report for FMLA I would at least consult with an attorney.

[Bertha Venation]

4. Well, the action wouldn't be taken as retaliation for

exercising rights. The employer has a strict policy re time off without pay. If you take time off without pay for whatever reason, you get a bad mark in your file. Even if you're covered under FMLA at the time. That's what I'm asking about: Does FMLA prevent the employer from following that bit of their policy? Are they forbidden to give a bad mark if I take time off without pay?

Yeah, worth what I pay... :) Not really looking for advice. Hoping to find someone who's more learned than I, that's all. Seeking info.

[SoCalNative]

5. What kind of employer

would give an employee a "bad mark" because they had to take time off, UNPAID, to care for a sick elderly parent, or had to recover from a debilitating illness?

Not the kind of employer I'd work for, that's for sure.

[Bertha Venation]

7. The kind whose policy is this:

Taking time off without pay automatically gets you an action sheet. Period. The reason is noted but does not matter. You're going to get that action sheet. Action sheets in your folder are bad.

Got one in May for going home to care for my sister after brain surgery. That's noted on the thing, but it doesn't matter.

It's seen as a failure to manage one's Paid Time Off properly. It's seen as unfair to my co-workers. It's seen as cheating the firm.

[Statistical]

6. I would say it is retaliation for using FMLA.

SO no the company couldn't give you a bad mark.

I mean it would be like saying the company doesn't discriminate against blacks but they require that all employees be attractive (say it is a clothing store). The owner thinks dark skinned people look ugly. Thus they never hire any Black employees. I mean they couldn't argue that they aren't violating civil rights legislation "we only hire attractive employees and it isn't our fault all blacks are ugly".

The company can't negative record for using FMLA. Saying they are giving you a bad mark for time off vs FMLA is just a trivial distinction. If their policies violate the FMLA then they are prohibited from following their own policies. I have never had to use FMLA but I have use USERRA which prohibits employers from discriminating against National Guardsmen taking leave. The only bad thing is you have no right to free legal counsel with FMLA. With USERRA I had a lawyer contact my employer to resolve a "misunderstanding" quickly.

[REP]

10. Yes, it prevents disciplinary actions of all sorts, including 'bad marks'

If your employers takes any action because if your FMLA time, you need to file a complaint with your local office of Department Fair Employment and Housing or whatever has jurisdiction in your state.

[tammywammy]

2. FMLA use cannot be used against an employee

And you cannot be discriminated against for using FMLA either.

[MineralMan]

3. Make sure your employer has at least 50 employees. If not

the FMLA doesn't apply.

[Junkie Brewster]

8. I am the leave administrator for my company, and I handle FMLA on a daily basis

First, Mineral Man is right- your sister's employer must have 50 employees within a 75 mile radius of her job location to be subject to FMLA. Secondly, an employee must have been employed for 12 months. Third, your sister will need to have hern medical condition certified by a physician (it's her condition, right, not her husband or parent or child or close relative injured during military duty?).

FMLA is unpaid leave, so no, your sister's employer can't make penalize her for taking unpaid leave if she's qualified for FMLA.

Your sister may also be covered by a state leave law. In what state does she reside?

[REP]

11. It's not the "unpaid" that gives protection; it's Federal (and often State) law

Some employers give paid FMLA time; same laws governing it apply to them.

[Bertha Venation]

13. actually the situation is this

It's I who'll be applying. I'm facing a year's medical treatment which will cause nasty side effects, and I anticipate there will be days that I just won't be able to get into the office. I have no accumulated paid time off (PTO) bank to speak of, given a history of migraines and that trip home for my sister's surgery. For that, I was covered, and for that I got an action sheet.

Now when I begin this treatment - sometime in the next 4-6 weeks, I think - I may have about three days in the bank. Of course I will try my damnedest to get to work on those days that I feel like I've been hit by a train, but some days I just won't make it. I may end up in a leave without pay situation again. And although I will be covered by FMLA, they will write me up for being on leave without pay.

I live in MD but work in DC.

[Junkie Brewster]

14. Okay, here's the deal

MD has no applicable state law. Assuming you qualify, you are limited to FMLA, 12 weeks which may be taken intermittently. If you take it on an intermittent basis, you will have 480 hours available to you (I'm assuming you're full time) during the calendar year. You should try and find out now if your company uses a rolling calendar (if they consider your 12 months to start when you first use FMLA, say on July 13, 2010) or if they use January 1 for the year.

You should find out if your company considers you to be a resident of MD or an employee in DC. If they consider you to be subject to DC, you will have 16 weeks of available time in a 24 month period. The time runs concurrently with FMLA.

Please let me know if your sister has the same employer. This will make a difference under DC leave.

If you are concerned, I would contact the bar association in MD for a referral. It will be worth the piece of mind during your treatment to have contacted an attorney before there are any problems.

Please let me know how it shakes out for you, and please let me know if you have any questions or concerns.

[no_hypocrisy]

9. Employers are finding ways around it.

My friend is a physical therapist in Pennsylvania. Her mother is going for her sixth surgery for metastatic cancer and my friend asked for time off to be with her and cited FMLA. Employer was agreeable -- to a point. My friend could have the time off, but the hospital would refuse her time off later this year -- for her honeymoon.

Unnecessary dilemma.

[REP]

12. Honeymoons aren't sick leave covered by Federal law

Vacation time can be scheduled for the needs of the business. FMLA time cannot.