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LIBOUND
Texting king
Member since 10/05 5289 total posts
Name:
Suzy
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Does the FMLA override your employer?
My job's handbook states that we only get 8 weeks of unpaid materinty leave, but the FMLA says 12.
Does my job have the right to say that I can't take off more than 8 weeks?
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Posted 8/1/07 9:16 AM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
babyhopeful
LIF Adolescent
Member since 1/07 542 total posts
Name:
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Re: Does the FMLA override your employer?
If your company has 50 or more employees, yes. If not, FMLA doesn't apply.
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| Posted 8/1/07 9:21 AM |
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jms100303
Luv my munchkins
Member since 5/05 4789 total posts
Name:
Jennifer
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Re: Does the FMLA override your employer?
Posted by babyhopeful
If your company has 50 or more employees, yes. If not, FMLA doesn't apply.
That is what I was going to say.
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| Posted 8/1/07 9:22 AM |
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Heather617
My Babies
Member since 5/05 2566 total posts
Name:
Heather
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Re: Does the FMLA override your employer?
Posted by babyhopeful
If your company has 50 or more employees, yes. If not, FMLA doesn't apply.
I was going to say this and you have to be employed there for one year.
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| Posted 8/1/07 4:25 PM |
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CaseyGirl
Mommy to 3 Boys :)
Member since 5/05 19978 total posts
Name:
Jen - counting my blessings...
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Re: Does the FMLA override your employer?
Posted by Heather617
Posted by babyhopeful
If your company has 50 or more employees, yes. If not, FMLA doesn't apply.
I was going to say this and you have to be employed there for one year.
It's 1,250 hrs or 1 year of employment, plus the 50+ employees deal. But let's say your employer qualifies for the FMLA and their policy is to give you 8 weeks, then the first 8 weeks would run concurrently within the 12 week time frame. After your 8 weeks, you have 4 more weeks from the FMLA.
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| Posted 8/1/07 4:48 PM |
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our-secret
LIF Infant
Member since 12/06 371 total posts
Name:
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Re: Does the FMLA override your employer?
Just wanted to add that there have to be 50+ employees within a 75 mile radius. My last company had 100 employees. One of them was in SC. He was the only one in that area and when he applied for FMLA, it was denied because we did not have to honor it (and it was just an excuse to try and get out of work).
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| Posted 8/1/07 6:59 PM |
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LIBOUND
Texting king
Member since 10/05 5289 total posts
Name:
Suzy
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Re: Does the FMLA override your employer?
Posted by our-secret
Just wanted to add that there have to be 50+ employees within a 75 mile radius. My last company had 100 employees. One of them was in SC. He was the only one in that area and when he applied for FMLA, it was denied because we did not have to honor it (and it was just an excuse to try and get out of work).
Unfortunately I might be under this ruling. We have several sales managers, but they are nationwide. I have to talk to our company VP. We have no HR department, because I think we're just at 50 employees here in LI.
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| Posted 8/1/07 7:59 PM |
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Re: Does the FMLA override your employer?
I hope it all works out.
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| Posted 8/1/07 8:15 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Does the FMLA override your employer?
Posted by CaseyGirl
Posted by Heather617
Posted by babyhopeful
If your company has 50 or more employees, yes. If not, FMLA doesn't apply.
I was going to say this and you have to be employed there for one year.
It's 1,250 hrs or 1 year of employment, plus the 50+ employees deal. But let's say your employer qualifies for the FMLA and their policy is to give you 8 weeks, then the first 8 weeks would run concurrently within the 12 week time frame. After your 8 weeks, you have 4 more weeks from the FMLA.
It's 1250 hours AND 1 year of employment.
As a previous poster said, your company must employ 50 or more employees within a 75 mile radius. If you qualify for FMLA, it trumps any employer policy that is contrary to the law.
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| Posted 8/2/07 11:37 AM |
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CaseyGirl
Mommy to 3 Boys :)
Member since 5/05 19978 total posts
Name:
Jen - counting my blessings...
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Re: Does the FMLA override your employer?
Posted by MrsS2005
Posted by CaseyGirl
Posted by Heather617
Posted by babyhopeful
If your company has 50 or more employees, yes. If not, FMLA doesn't apply.
I was going to say this and you have to be employed there for one year.
It's 1,250 hrs or 1 year of employment, plus the 50+ employees deal. But let's say your employer qualifies for the FMLA and their policy is to give you 8 weeks, then the first 8 weeks would run concurrently within the 12 week time frame. After your 8 weeks, you have 4 more weeks from the FMLA.
It's 1250 hours AND 1 year of employment.
As a previous poster said, your company must employ 50 or more employees within a 75 mile radius. If you qualify for FMLA, it trumps any employer policy that is contrary to the law.
oops sorry typo on my part 
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| Posted 8/2/07 2:09 PM |
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patti08
Happy
Member since 5/05 3893 total posts
Name:
Patti
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Re: Does the FMLA override your employer?
The FMLA doesn't involve pay, only that your job will be secure for 12 weeks.
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| Posted 8/2/07 2:14 PM |
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