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January 2016 Moms
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FMLA Issues

LaurenNewlin2012LaurenNewlin2012 member
in January 2016 Moms
My work is telling me that I am only legally allowed to take 8 weeks of FMLA because the other 4 weeks I would not have a doctors note. Anyone else having issues?
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Re: FMLA Issues

  • LaurenNewlin2012LaurenNewlin2012 member
    Yes we are in the process of getting a lawyer and filing a complaint with the dol, I fell like I'm so stressed over this and can't sleep.
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  • karynste19karynste19 member
    mbud926 said:

    As long as you've worked 1250 hours in the 12 months leading up to your leave and you & your physician complete the required FMLA documentation within 15 days of your needed leave, your employer must provide you with 480 hours (60 days/12 weeks) of protected time off. It's correct that paid time off depends on the employer. (I'm in HR and your employer sounds like they're VERY confused about the laws in place).

    I also work in HR. This is perfect. The part I would highlight is you need to be employed with your company for a full year and have worked 1250 hours or more during that time to qualify for FMLA.

    I live in MA. If our employees do not meet FMLA requirements, they may qualify for a MA paternal leave allowing for 8 weeks of unpaid leave. I'm unsure about your specific situation but it would be good to find out more information.
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  • mrhargrmrhargr member
    I wish I was covered under FMLA. My boss has less than 50 employees so I'm not guaranteed any leave other than the vacation and sick days I have acquired. He is giving me 4 weeks (2.5 of which will be paid through my vacation time and sick time) and that's it. I'm not in a good position to negotiate since he really doesn't even have to give me that much time.
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  • Chelsey092Chelsey092 member
    At my work I can take up to 12 weeks. The first 6 weeks I'm getting half my pay and the last 6 weeks no pay.
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  • ultln9562ultln9562 member
    This is a different fmla question: my employer is closing our facility in February so everyone is getting laid off. My fmla leave doesn't start until 1/12 but I don't want to go back in Jan at all (1/4). I have about a week of sick time left I could probably use but I thought they use that the 1st week of fmla. If I won't have any sick or pto on the 12th will it default to fully paid( I qualify for 100% salary on maternity leave)?
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  • MamabeagleMamabeagle member
    ultln9562 said:

    This is a different fmla question: my employer is closing our facility in February so everyone is getting laid off. My fmla leave doesn't start until 1/12 but I don't want to go back in Jan at all (1/4). I have about a week of sick time left I could probably use but I thought they use that the 1st week of fmla. If I won't have any sick or pto on the 12th will it default to fully paid( I qualify for 100% salary on maternity leave)?

    Yes, there is often a week waiting period where you use vacation, and you may be able to take the extra week unpaid. I think your question is best answered by HR though.
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  • LaurenNewlin2012LaurenNewlin2012 member
    Yesbi have worked full time for this company for almost 10 years. My boss called me into his office 2 days before Christmas and said he has been doing some research and he is going to make them give me the time off, however this is after i had to call people about them. So hopefully i will have more answers tomorrow when i go back
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