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vikaspriyanka
08-29-2005, 05:58 AM
I live and work in VA. I delivered a baby on 24th June 2005. The std started right away (6 weeks) and ended on Aug 5. I took my accrued leave from Aug 6th upto Sept 9. Since I did not complete an year with the employer I could not take fmla as per company policy. I will be compleating an year on Aug 30th.
If I apply for fmla now (after Aug 30th as previously I was not eligible),
will the fmla begin from the day I delivered the baby or it will start from Sept 9th? All I want is unpaid leave from sept 9th for 12 weeks.

cbg
08-29-2005, 07:42 AM
For the record, it's not due to company policy you could not take FMLA until you had been with the company for one year; it's because under Federal law you did not become eligible for FMLA until that time.

If the first day that you are eligible for FMLA is August 30, that's the day your FMLA would begin. Nothing in the law says you can't be collecting disability while you are on FMLA. You don't get to finish up the time allowed under your disability policy and THEN start FMLA.

Just to make sure you understand, if you use all of your FMLA time for the year, you will have none available for any other condition. You don't get 12 weeks per occurrance, you get 12 weeks per 12-month period.

I think that you can also count on your employer being annoyed at having you out from the end of June till roughly the end of November.

vikaspriyanka
08-29-2005, 10:01 AM
If my supervisor is not interested in granting me FMLA am I still eligilbe?
Do I need to provide any paper work to HR as I just need FMLA to take care of my newborn?

cbg
08-29-2005, 10:33 AM
If your employer has 50 or more employees within 75 miles of your location AND you have worked for this employer for more than one year AND you have worked no less than 1,250 hours AND you have a condition which qualifies as a serious health condition under the statute, your employer may not deny you FMLA. I said they would likely be annoyed; I didn't say they could deny you the leave.

They are within their rights to require medical certification before granting you FMLA. You should contact your HR office.

vikaspriyanka
09-09-2005, 08:52 AM
Its been almost 15 days since I initiated the request. On calling HR, they say they have not made a decison yet and are looking into legality of it regarding eligibility. How long it normally takes to decide if it can be granted ar not? Is their any time frame by which they should get back or they can delay this as long as they want?
My joining date was today after maternity leave/vaccation.
Can they deny it based on my hire date (as on completion of year I was on vaccation after std).
In an event if it is denied, is there any apeal process that can be followed?
There are 12000 employees in the company.

cbg
09-09-2005, 10:38 AM
I'm not quite sure how to answer what you're asking. You are eligible for FMLA when you have worked for 12 months AND 1,250 hours. The twelve months includes any time that you were on the payroll. That may or may not include the time you were on STD.

To the best of my knowledge, there is no specific time frame under which you are guaranteed a response.

If the FMLA is denied, you can call the US DOL and see what they say.

I still think that asking for 12 full weeks of FMLA after taking two months of leave before you have worked for the company for a year yet, while it may be within the letter of your rights under the law, is in violation of the spirit of it and I frankly don't blame the employer for being excessively careful about it.

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