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Empress of Groovy

FMLA question

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Hi, everyone

My cousin is expecting a baby in July. Her due date is about a week before her year anniversary with the company. She's concerned that she'll miss her eligibility for FMLA leave by only a few days, assuming the baby arrives close to the due date. If I remember correctly, a girl I worked with a few years ago faced a similar situation, and she was able to use her sick and vacation time, about two weeks' worth, to get her up to that all-important date. She had a very supportive boss who really wanted her to come back after her leave, so maybe he was a little creative in reporting the time? My cousin has contacted her HR department about this and was told that they'd look into it and that no one had asked about this before. (It can't be all that unusual, can it?)

Has anyone been in this situation? Would it depend on the state (Maryland) or perhaps the company's policy?


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The requirement for FMLA is 12 months worked (at least 1250 hours) preceding the request.

http://www.dol.gov/whd/forms/WH-381.pdf

That said, one should balance that requirement against deadlines and available vacation/sick leave. If she can convince the employer to allow the advanced leave to meet the 12 month requirement, the unpaid FMLA time will protect the job for 12 weeks. At the end of the day, the employer will make that determination based upon the employee's value. If she had the 12 months, the employer would have no choice to be in compliance with the law. Unfortunate timing for sure....

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In the older case referred to, considering the boss wanted her to keep the job and all FMLA does is protect you from being fired for taking the time off, I guess even without FMLA she would have been okay.

If she is before the 12 month period, then it is up to the discretion of the company... that is the FMLA is not in effect. Even if they let her do it, it is not truly FMLA. If a company wants to they are certainly welcome to give you a leave of absence after 1 day on the job.

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OK...so it looks like the question is whether she would be considered an active employee while taking her accumulated paid vacation/sick time. Given that she hasn't been there a year, I'm thinking she might have two weeks at the most to play around with.


K-1

March 7, 2005: I-129F NOA1

September 20, 2005: K-1 Interview in London. Visa received shortly thereafter.

AOS

December 30, 2005: I-485 received by USCIS

May 5, 2006: Interview at Phoenix district office. Approval pending FBI background check clearance. AOS finally approved almost two years later: February 14, 2008.

Received 10-year green card February 28, 2008

Your Humble Advice Columnist, Joyce

Come check out the most happenin' thread on VJ: Dear Joyce

Click here to see me visiting with my homebodies.

[The grooviest signature you've ever seen is under construction!]

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It is up to the company to allow the employee to use sick/ vacation time to "extend" his or her fmla - has she looked through her employee handbook? It usually has a section to cover fmla and the answer may be in there.

Saludos,

Caro


***Justin And Caro***
Happily married and enjoying our life together!

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