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2010inHiding
LIF Infant
Member since 6/13 277 total posts
Name:
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FMLA leave
has anyone taken this? i was reading my company's policy and it says you first need to use all sick days before being applicable for FMLA. is this standard?
right now i have about 3 months of sick days, and FMLA is good for 3 months. so, theoretically, i could be out 6 months (which is a long time at my job!)
if you take FMLA, can you only take part of it (like 6 weeks instead of 12)?
any feedback would be great.
still very early, so dont want to go to HR yet...but i know i will have to at some point
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Posted 6/25/13 4:24 PM  |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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FMLA leave
it really depends on the company with regards to the sick time - some companies want to you use all sick, personal and vaca first. FMLA can be taken in bits - you can (theoretically) take it in 1 day increments throughout the year.
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| Posted 6/25/13 4:35 PM |
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SLPlady1984
She's here!
Member since 6/12 1207 total posts
Name:
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Re: FMLA leave
Depends on your company as pp said. Mine won't let me take all my sick time. But with my job it can be split up
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| Posted 6/25/13 4:39 PM |
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lbro26
LIF Infant
Member since 8/11 222 total posts
Name:
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Re: FMLA leave
in my company it runs concurrently..so you have to use all vaca/sick time in conjunction with FMLA..so its 3 months total.
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| Posted 6/25/13 5:18 PM |
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dlj97
LIF Adult
Member since 7/10 4399 total posts
Name:
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Re: FMLA leave
Posted by lbro26
in my company it runs concurrently..so you have to use all vaca/sick time in conjunction with FMLA..so its 3 months total.
I was looking at the law yesterday and it said that companies can do this, so I think if your company wants you to use your sick days first, it would run concurrently and all you would get is 12 weeks.
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| Posted 6/25/13 5:22 PM |
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2010inHiding
LIF Infant
Member since 6/13 277 total posts
Name:
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Re: FMLA leave
Posted by dlj97
Posted by lbro26
in my company it runs concurrently..so you have to use all vaca/sick time in conjunction with FMLA..so its 3 months total.
I was looking at the law yesterday and it said that companies can do this, so I think if your company wants you to use your sick days first, it would run concurrently and all you would get is 12 weeks.
uh. i hope not. that is crap. i wonder if i do the spacing (like a few days a week), if that would help to extend some life to the FMLA.
i guess its good that i've acrrued 3 months of sick time, which would be paid...but i was really hoping for the option of having more time off ....
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| Posted 6/25/13 5:40 PM |
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MrsD1202
LIF Infant
Member since 3/12 148 total posts
Name:
Melissa
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Re: FMLA leave
Posted by dlj97
Posted by lbro26
in my company it runs concurrently..so you have to use all vaca/sick time in conjunction with FMLA..so its 3 months total.
I was looking at the law yesterday and it said that companies can do this, so I think if your company wants you to use your sick days first, it would run concurrently and all you would get is 12 weeks.
Exactly this. My job made me take all of my sick, vacation, personal etc. time WITH my FMLA. I had a little over 12 weeks of time saved, which ran at the same time as my FMLA. Totally sucks. It definitely depends on where you work, they all have different policies. Luckily my job offers 6 months of child care leave so I am currently on that after using all of my time and FMLA. You will get your best answers from your HR once you are ready to talk to them. Good luck
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| Posted 6/25/13 6:11 PM |
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IVFmiracle
Complete
Member since 12/12 4088 total posts
Name:
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Re: FMLA leave
Posted by lbro26
in my company it runs concurrently..so you have to use all vaca/sick time in conjunction with FMLA..so its 3 months total.
This for my company as well.
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| Posted 6/25/13 7:07 PM |
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AScottWolf
I <3 our squish!
Member since 11/10 2237 total posts
Name:
Adriana
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Re: FMLA leave
Each company is different.
For my company, I have to use sick/vacation/personal/comp time for the first week before FMLA kicks in.
FMLA is 12 weeks and when that's for maternity leave (birth, foster placement, adoption etc) it must be taken consecutively. However, I'm not required to take it right away (although I will obv lol). I just need to take it within the first 12 months.
Also, if I were to take FMLA to take care of another family member with a serious medical condition, then I can split it up as I please.
FMLA doesn't mean they have to pay you for that whole time either. All it means is they must hold your job (or an equivalent) for that length of time.
My company gives us 1 week paid for each year we're there. I've been with my company 6 years but I used 2 weeks back in 2010 so I have 4 weeks paid available. At that point I'll also have accrued about 27 days of vaca/sick/personal time to use in order to get paid. As a result, I'll only be getting paid for just over 10 of the 12 weeks that I'll be out.
HTH
Message edited 6/25/2013 7:39:40 PM.
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| Posted 6/25/13 7:35 PM |
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TaraVinny
my miracle coming October!!!
Member since 10/09 1049 total posts
Name:
Tara
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Re: FMLA leave
my job requires me to use all my sick and annual time before the FMLA will kick in. by the time of my due date, i'll have 10 weeks of my own time in the bank. i'm going to use 2 weeks of FMLA (leave without pay).
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| Posted 6/25/13 7:52 PM |
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drpepper318
MIR MIR MIR!
Member since 6/07 8274 total posts
Name:
me
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Re: FMLA leave
I'm pretty sure it's 12 weeks total for fmla regardless of whether you get paid or not (that might just be my job though). I'm going off payroll right away so I can save my sick & annual leave for when I go back because I'm sure I'll need days off here & there.
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| Posted 6/25/13 8:33 PM |
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ali120206
2 Boys
Member since 7/06 17795 total posts
Name:
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FMLA leave
It usually runs concurrently - it just states that you can take up to 12 weeks after the birth of a child and there will be a position waiting for you. FMLA leave isn't paid unless you use your sick/vacation days...
For DS 1 - I had a ton of banked sick days from over the years and carry over vacation so I had a full paid 12 weeks (but, went back after 11). For DS 2 - I didn't have much time so I only was paid for 10 weeks.
You may be able to extend your time off but, it's at the discretion of your manager/HR.
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| Posted 6/26/13 8:10 AM |
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Re: FMLA leave
Posted by lbro26
in my company it runs concurrently..so you have to use all vaca/sick time in conjunction with FMLA..so its 3 months total.
This is what mine does. If you don't have 12 weeks of benefit time, and you still choose to use FMLA, you go without pay (aside from disability). But your job is only guaranteed for 3 months total and then it can be opened up.
The only time you have to take off is the time until a doctor clears you to return to work. Even if I chose to come back on my own my agency won't allow it without a doctor's note.
Message edited 6/26/2013 9:07:48 AM.
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| Posted 6/26/13 9:07 AM |
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maymama
my little loves
Member since 8/08 18453 total posts
Name:
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Re: FMLA leave
NOT standard. depends on the company.
I gave birth in January and my company actually changed the policy FOR ME, I was the first person to ask for it to be changed.
Prior to delivering my DD, the policy said that you must use all vacation and personal time.
I only used 2 days prior and came back to work in April with all of my time left to use. I was worried about coming back to work in April with a newborn (and a 3 year old) and having no time to take.
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| Posted 6/26/13 10:31 AM |
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VikingChick
LIF Adult
Member since 5/11 1024 total posts
Name:
Anna
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FMLA leave
The law says that you can take 12 weeks total, including paid and unpaid leave (so the paid leave and FMLA leave run concurrently). However, your company can be more generous than that, allowing you to use paid time first and then the FMLA leave (consecutively). In my experience (employment atty), most companies require employees to use the time concurrently.
All that FMLA does is guarantee that your job is held and that your benefits remain in place for 12 weeks per year for a qualifying leave.
All that said, some employers do have differing policies, so you won't really know until you talk to HR. I am not sure from your description of the policy which way it would be interpreted. But as to your question of whether you have to take all 12 weeks, the answer is no- the employer cannot force you to take more time than you need.
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| Posted 6/26/13 10:39 AM |
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JDubs
different, not less
Member since 7/09 13160 total posts
Name:
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Re: FMLA leave
Posted by lbro26
in my company it runs concurrently..so you have to use all vaca/sick time in conjunction with FMLA..so its 3 months total.
Same... I used whatever sick time i had left in conjunction with disability, and the rest of the weeks i was unpaid.
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| Posted 6/26/13 10:54 AM |
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Re: FMLA leave
My company had an 8 day waiting period before my short term disability kicked in, so I had to use up vacation + take unpaid days before it kicked in, and the 12 weeks started when i took my first vaca day
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| Posted 6/28/13 12:28 AM |
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