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  • rear-ended
    started a topic fmla hrs? Pennsylvania

    fmla hrs? Pennsylvania

    Wondering if you intelligent people can answer this question.

    From April of 2014-September 2014..I called off on 6 different occasions. (they were because of a work comp related problems), so of course employer threatens to fire me. Was told to apply for FMLA, so i did,they approved it but back-dated it from April 2014 on the first occurence. Just approved it few days ago. Was told paperwork is good till April of 2015.

    My question is. ..Do I still get the 1250 hrs that I have read about from now till April 2015? And I realize FMLA is unpaid. ..but doesnt work-comp ins comp pay? And one last ?....come April of 2015 does the 1250 hrs start all over again?

    Thanks for any answers!!!

  • rear-ended
    replied
    Glad to see there is a sense of humor on here along with the answers...Raster..ur correct...I meant to say...do I still get 12 weeks of FMLA (typing from phone and phone fills in their own words automatically sometimes after I hit a couple letters) not 1250 hrs. Thank you for the answer

    Elle..as always Thanks...and all the great uncles unfortunately are gone..and the only thing under the bed are a whole bunch of work comp and lawyer papers. Was on intermittent FMLA for my mother only used it a few times and both years they told me I could use 12wks, .didnt know if it works same for work comp. Appreciate your help a g a i n.

    Leave a comment:


  • ElleMD
    replied
    FT Teachers do qualify but only if they worked FT hours in the year preceding the FMLA. http://www.dol.gov/whd/opinion/FMLA/...02/FMLA-78.htm Is an old letter but still valid. The definition of Teacher is also rather specific. Not all "instructors" qualify as Teachers.

    Straight from the regs:

    Teacher (or employee employed in an instructional capacity, or instructional employee) means an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.

    As for those on sabbatical, they are not "working for the employer". If they are paid, it is no different than an employee who took a year's vacation. They would not qualify upon return from sabbatical until they had reached that 1250 hour mark.

    Military is the one exception to the "hours worked" rule. Under USERRA, time spent in military service during employment counts as hours worked for the employer toward FMLA qualification. http://www.rhoadssinon.com/updates-publications-95.html

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  • Guest's Avatar
    Guest replied
    ElleMD ...totally unrelated ....but curious ...FT teachers are by reg deemed to meet the 1250 hour requirement . Example in FMLA 46 of 1994 Yet that same advisory says. sabbatical time does not count

    So in academic circles a FT instructor or teacher who is off on a paid sabbatical for say 12 months ..is or is not covered for FMLA immediately upon return?

    I've not seen the debate on point but some other stuff has come up locally such as how to count time on military call up and not to pay full stipends while on sabbatical.

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  • ElleMD
    replied
    Hello again. FMLA is unpaid leave on its own. It is not required to be unpaid and you may be receiving money from any number of sources while on FMLA. These sources may include but are not limited to, your employer's sick leave/personal leave/vacation leave, TTD from WC, benefits under an employer sponsored or privately obtained short term disability plan, the lottery, your Great Uncle Jerome, the mason jar of quarters under your bed, etc. None of those potential sources of income extends or alters your entitlements under FMLA in any way.

    The 1250 hours is the minimum hours you must work in the year preceding your first day of leave in order to qualify to be allowed to take the up to 12 weeks of FMLA. The 1250 hours must be made up of time actually spent working on the job. Time spent on any kind of leave, paid or unpaid, does not count. Next year, if you recertify, your employer will look at the number of hours you were actually present and working in the 12 months preceding your request. Time spent on FMLA will not count, nor will sick days, holidays, vacations, TTD, breaks in service or any other time off paid or unpaid. If you spent 1250 hours at work, you meet the first level of qualification for FMLA. If you did not, the rest is immaterial.

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  • Guest's Avatar
    Guest replied
    Originally posted by cbg View Post
    Raster, since you're relatively new here, you probably haven't met rear-ended yet. We all know her quite well. If you check her post hx, I think you'll find all the info you need.
    OUCH....thanks for the heads up!

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  • Guest's Avatar
    Guest replied
    As to part of your math...if come next April or later say in May, you sought FMLA leave, at that new time date the employer would look back 12 months to see if you qualified and in new time block you would have needed to have 1250 hours min....if you are working part time or seasonal or have a lot of time out..I suggest you lay it out with great care and double check the regs etc.

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  • cbg
    replied
    Raster, since you're relatively new here, you probably haven't met rear-ended yet. We all know her quite well. If you check her post hx, I think you'll find all the info you need.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Very hard to follow your math....

    Basically you need minimum of 1250 hours minimum in prior 12 months to be eligible ..read the regs...they are what count. IF employer says in writing you qualify..that is probably binding on employer as to the times in said writing

    True, FMLA leave by itself is not paid leave. It basically provides job protection

    But avoid mixing apples with oranges...if you have a leave related to a workmens comp issue which is to be paid coverage be sure you follow all required steps to,keep that action in place.

    I'm guessing you have a problem you haven't articulated well...so if I missed it, please repost?

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