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Old 11-13-2018, 05:28 AM
 
6,885 posts, read 7,286,872 times
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Are you sure you're covered by FMLA?

IF the Part-Time Worker Bill of Rights Act of 2013 was not passed (I couldn't find any update that it was) then FMLA rules are: Employees are eligible for leave if:
-- they have worked for their employer at least 12 months,
-- at least 1,250 hours over the past 12 months,
-- and work at a location where the company employs 50 or more employees within 75 miles.

Consequently, part-time employees generally do not qualify for FMLA leave because they do not meet the 1,250-hour requirement.

Just FYI.
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Old 11-13-2018, 12:42 PM
 
Location: Buckeye, Arizona
273 posts, read 108,065 times
Reputation: 282
I work 1,456 hours a year.... and have for 8 years. 28 hours a week (x52) and any time I don't work was either paid sick/annual leave or holiday pay. It was 30 hours a week the first 2 years until ACA took effect and the community college moved everyone that was 75% time to 70% to avoid the 30 hour health insurance guidelines.


The college has accepted a "permanent" FMLA on my wife's condition as written by her oncologist(s). It can be used either for intermittent appointments, treatments, etc. or, if and when I need to be with her fulltime which seems to be on the horizon as her condition regresses from her cancer/treatments.
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Old 11-13-2018, 12:53 PM
 
Location: Buckeye, Arizona
273 posts, read 108,065 times
Reputation: 282
I know, the question sounds like I am trying to work the system. I just want to know after 43 years of working, 35 full time as a teacher, how all of this plays out? I've never used unemployment, never been on extended leave, and even working part-time have accumulated over 400 hours of paid leave at this part-time position.


I think I have been a reasonable and fair employee . . .
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Old 11-13-2018, 01:10 PM
 
11,134 posts, read 8,548,081 times
Reputation: 28129
Quote:
Originally Posted by 4khansen View Post
I know, the question sounds like I am trying to work the system. I just want to know after 43 years of working, 35 full time as a teacher, how all of this plays out? I've never used unemployment, never been on extended leave, and even working part-time have accumulated over 400 hours of paid leave at this part-time position.


I think I have been a reasonable and fair employee . . .
It's not about fairness. When an employee refuses to return to work, that is most usually interpreted as a voluntary separation. Since you've worked there for so long, you may want to discuss this with your manager and see if they would terminate you. However, don't assume they will automatically do that if you fail to return.
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Old 11-14-2018, 07:25 PM
 
Location: Ohio
19,924 posts, read 14,242,533 times
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Quote:
Originally Posted by 4khansen View Post
My question is, if my current employer terminates my employment since I will probably not return, will I be eligible for unemployment at a later date, if able to work, because of the termination? Also, if I am in a different state do I apply for unemployment in my new state or go through the unemployment process where my employer is located?
It's probably better suited for the Work and Employment Forum.

The rules vary by State, so you should probably start by going to your State's unemployment website and read the rules for eligibility. Since you never paid SUTA taxes to your new State, I suspect you might not be eligible. You might need to file in the State where you worked, but look at their unemployment web-site to see their eligibility rules.

There is nothing to bar your from living in one State, while collecting benefits from another State, but you might want to carefully read and understand the requirements, because it's quite likely that out-of-State recipients are flagged for scrutiny. I know Ohio and Kentucky both do, because of the number of flagrant violators where a Kentucky resident who worked in Ohio is collecting unemployment benefits from Ohio while working in Kentucky.
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Old 11-18-2018, 03:26 AM
 
Location: The Ozone Layer, apparently...
1,906 posts, read 675,811 times
Reputation: 3955
Quote:
Originally Posted by 4khansen View Post
I know, the question sounds like I am trying to work the system. I just want to know after 43 years of working, 35 full time as a teacher, how all of this plays out? I've never used unemployment, never been on extended leave, and even working part-time have accumulated over 400 hours of paid leave at this part-time position.


I think I have been a reasonable and fair employee . . .

There is no such thing as 'permanent' FMLA legally. If the college isn't asking you to update the application that you turned in when your wife's condition first became an issue for you, that is them being a more than reasonable and fair employer. It is fair to say they really, really like you - but, they have the fact that you haven't bothered to update it in their back pocket should any push come to shove legally.

Usually, when an FMLA application is approved and accepted, your employer will send you a letter notifying you that it was and the term it was accepted for - say, October 2018 through October 2019. Come November 2019 you are no longer legally covered by FMLA, until you file another application filled out by your wifes doctor.

The college has no obligation to tell you that your FMLA ran out and you need to submit another application, and especially not if they already did by informing you of the term of you have been approved for in your acceptance letter.

It is important to understand FMLA, both as an employer and as an employee. This thread should be helpful to anyone for that.

What bothers me is that if people do try to abuse the system, that has been so needed for even working single mothers, and other primary caregivers, then at some point the law could be changed or become more restrictive, and those restrictions would not be so much a hinderance to the abusers but to anyone new to needing the benefit who hasn't abused anything yet.

I have needed and used the benefit for myself and two others in my family. It was tough enough to keep up with my care, their care, and the annual requirements for FMLA. It was also a godsend in that I didn't have to choose between caring for myself and my relatives or keeping my job. That was a big weight off my shoulders as a primary caregiver and primary earner, and I believe every American should be able to enjoy the same benefit exactly as we have, without any changes to the law and any new restrictive paperwork.

Last edited by ComeCloser; 11-18-2018 at 03:41 AM..
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