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I have a question related to FMLA.
I live in Illinois. I started working for my employer on September 30th 2017.
My due date is August 20 2018.
To be eligible for FMLA, a criteria is : 12 months of working with an employer. I meet rest all FMLA eligibility criterias.
Post-delivery, I will be short-term-disabled. So I can get 6 to 8 weeks of time-off. I would like to apply for a 12 weeks FMLA starting from Sep 30th 2018, which is my 1 yr employment anniversary mark.
It's legal to allow or deny. The key point is that the time off before FMLA kicks in is not protected leave.
Best option is to have a talk with your HR department.
I already spoke to my HR department head. I told her that I would like to use my short-term-disability from the day I deliver the baby and then start FMLA from the day I complete 1 year. All she answered was "we accept FMLA applications 1 month prior to the start of your FMLA date. "
however, she did not give me any clue whether or not she would approve or deny my FMLA at that time.
From what I can see, you would be eligible if you are on company paid leave for those first weeks prior to your anniversary date. However, I'm not clear whether being on short term disability counts if it's through an outside company rather than your employer. I think you need to go back to HR and get a clarification from them.
From what I can see, you would be eligible if you are on company paid leave for those first weeks prior to your anniversary date. However, I'm not clear whether being on short term disability counts if it's through an outside company rather than your employer. I think you need to go back to HR and get a clarification from them.
Thanks for sharing the links.
My short-term disability insurance is through my employer. My employer would pay me a part of my salary when I am on short-term-disability.
Thanks for sharing the links.
My short-term disability insurance is through my employer. My employer would pay me a part of my salary when I am on short-term-disability.
I think that helps - I know some people who had to go through an outside insurer for STD even for maternity leave.
But I'd still go back to HR and try to get a clearer answer. Actually, I'd do it via email so you have a record of what they say, just in case.
I already spoke to my HR department head. I told her that I would like to use my short-term-disability from the day I deliver the baby and then start FMLA from the day I complete 1 year. All she answered was "we accept FMLA applications 1 month prior to the start of your FMLA date. "
however, she did not give me any clue whether or not she would approve or deny my FMLA at that time.
I already spoke to my HR department head. I told her that I would like to use my short-term-disability from the day I deliver the baby and then start FMLA from the day I complete 1 year. All she answered was "we accept FMLA applications 1 month prior to the start of your FMLA date. "
however, she did not give me any clue whether or not she would approve or deny my FMLA at that time.
Can HR deny FMLA in a case like mine?
I received a similarly useless answer from HR in your situation. My manager was on board with me taking unpaid leave, whether considered FMLA or not. He told me to apply for FMLA just so I was following the official process. I applied within 30 days of my wife's due date and got denied. I don't know why HR couldn't have just told me that in the first place when I asked them months ahead of time.
Anyway, my manager just didn't put any hours on my time sheets while I was out, and that was that.
So yes they can legally deny you, but if your department and manager are on board with your plan, you're probably in the clear even if it's not legally protected. HR isn't likely to force out an employee that the manager wants to keep.
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