any experts about FMLA come in plz

jrsmama2010

I would like to know what the legal rights are of a company on deciding when an employee gets FMLA.  

DH has been working at this large business for almost 3 years.  In those 3 years after he could qualify for FMLA he filed for it on 4 separate occasions for 4 different things.  Each one has been denied.  All the paperwork is sent to another company and he tells me that the business he works for has no decision over it.  I keep telling him he needs to follow up about it bc according to Labor and Industries website they cannot deny him for it plus now that I am pregnant they HAVE to give it to him.  He won't call bc he thinks that it will get him nowhere and they no what they are doing.  

I hope all that rambling makes sense, but does a business really have a choice to deny FMLA rights? 

kaskade

I'm no expert, but you said large business [so over 50 employees], he has his time in at a full time rate I'm assuming - I didn't think they could deny it.  I would ask HR for an explanation.  Isn't he eligible for the first year and a half of new baby's life?  [that time could be totally off, some reason that's what I am remembering].

I know they can deny paying him for the leave, but I thought they had to give him the leave.  A business can follow their own rules for paid time off, but the leave itself is covered by the federal and state laws.  

opaque1997

I do think it has to be a qualifying reason.. but this document might help:

https://www.lni.wa.gov/WorkplaceRights/files/FamilyLeaveFAQs.pdf

 

Also - make sure he isnt' getting short term disability confused with FMLA (or FLA) for state of Washington or both. 

People get very confused over pay and time off and how it all is effected with FMLA and various situations.

I know that my guy works at a major corp and threatened to take his full 12 weeks FMLA if they didn't fix the possibility of him being sent to another state right after birth - ... they promptly fixed it so they know he could have. 

ShaQuantia

i am not an expert but i have used fmla in the past and i am in school for human resources.  a mom gets up to 3 months of job security and it starts from the day of conception. you can use the time through or yuse it all when you have the baby.  they are not entitled to pay you.  you have to have worked there for a last one year and i forgot the # of hours but you do not have to be a full time employee.  a business does have the right if you do not meet those federal requirements and i believe its any place of business with 50 or more employees i dont have my school notes on this computer to verify that for you.  as far as paretnity leave i dont recall how long that is but im sure it was left than a month.  and the same rules apply as far as length of employment.

this does not only apply for child birth these same laws apply when there is an adoption.  you can google FMLA for more details.

now if he does not work for an actual company but like a contractor or a temp agency then they dont have to follow these rules unless they have some sort of gov't contract.  like the job i have now we are not employees they hire us all as temps so we dont have those legal rights of job security

bonjourchic

That certainly sounds odd...  I would definitely fight that.  Good luck!!!