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yanksgrl
LIF Infant
Member since 5/05 186 total posts
Name:
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FMLA
Anyone here familiar with what happens if you get denied for the birth of a child? What is the process, how are you notified, etc. It was always our understanding that it could not be denied for this. Thanks
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Posted 7/26/09 1:00 AM  |
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leighla
Support Cancer Research
Member since 5/05 16353 total posts
Name:
Lauren
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Re: FMLA
You have to have worked for the company for 12 months and at least 1250 hours.
Plus the company has to have 50 or more employees.
Did they give you a reason for the denial?
I've never heard of one unless you don't fit one of the categories above, and in that case you should have been advised prior to your request.
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| Posted 7/26/09 4:00 AM |
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missrock
Beautiful!!!!
Member since 5/06 3808 total posts
Name:
Jennifer
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Re: FMLA
Posted by leighla
You have to have worked for the company for 12 months and at least 1250 hours.
Plus the company has to have 50 or more employees.
Did they give you a reason for the denial?
I've never heard of one unless you don't fit one of the categories above, and in that case you should have been advised prior to your request.
Yup....I just had a baby 3 months ago and I was denied FMLA because I was not at the company for 1 year. I had to go on COBRA (which cost a fortune) and they wanted me back to work at 8 weeks since that is what disability allows you. To be honest, I was happy to go back to work at 8 weeks. Teh COBRA was tough, though.
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| Posted 7/26/09 6:50 AM |
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yanksgrl
LIF Infant
Member since 5/05 186 total posts
Name:
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Re: FMLA
It is for my DH.... he has been with the company for 3 years, and it is a huge company, their office has 5,000 employees alone. Human Resources said she didn't know why it was denied. Any advice on how to deal with this? We have to figure something out because if we don't the time he was off is considered unscheduled and with lay offs looming we want to make sure this does not count against him.
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| Posted 7/26/09 8:31 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: FMLA
Posted by yanksgrl
We have to figure something out because if we don't the time he was off is considered unscheduled and with lay offs looming we want to make sure this does not count against him.
Let me tell you something, don't think for a second it's going to count any more against him if he gets FMLA or not.
The company obviously wants him there. If he fights it and gets his FMLA approved, he will still probably piss the company off to the point where they won't have any sympathy for putting him on the first list of layoffs.
If he is considered an at-will employee, there really isn't much he can do about it either.
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| Posted 7/26/09 8:47 PM |
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yanksgrl
LIF Infant
Member since 5/05 186 total posts
Name:
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Re: FMLA
Thanks Ave! My biggest concern is why he was denied. I "thought" there was a process where you could find this out and also fix it if there were any problems.
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| Posted 7/26/09 11:54 PM |
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summerBaby10
let's be nice
Member since 9/07 10208 total posts
Name:
Wifey
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Re: FMLA
Posted by ave1024
Posted by yanksgrl
We have to figure something out because if we don't the time he was off is considered unscheduled and with lay offs looming we want to make sure this does not count against him.
Let me tell you something, don't think for a second it's going to count any more against him if he gets FMLA or not.
The company obviously wants him there. If he fights it and gets his FMLA approved, he will still probably piss the company off to the point where they won't have any sympathy for putting him on the first list of layoffs.
If he is considered an at-will employee, there really isn't much he can do about it either.
I was just speaking with my husband about this last night. I'm due in several months & I wanted to take the initial 3 months & asked him to take the next 3 months but he told me NO WAY would he take it. We know it's the law & he has every right but someone else tried taking his paternity last year & the company told him no at first, the man fought it, got it & then months later was let go (of course they told him it was because of company cut backs). DH's industry is tough right now & his salary is something we can't loose so I'm not pushing it. DH said at most he can take his 3 weeks vacation.
I'd really consider what the consequenses might be. Maybe they can let him take an extended vacation for 4-6 weeks or something, if not 12 weeks. It's not fair but I feel that in this economy, I wouldn't risk it. 
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| Posted 7/27/09 7:01 AM |
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rose825
Best Friends
Member since 6/05 10228 total posts
Name:
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Re: FMLA
Posted by yanksgrl
It is for my DH.... he has been with the company for 3 years, and it is a huge company, their office has 5,000 employees alone. Human Resources said she didn't know why it was denied. Any advice on how to deal with this? We have to figure something out because if we don't the time he was off is considered unscheduled and with lay offs looming we want to make sure this does not count against him.
did he request it before the leave? They dont have to approve it if you ask later that it be counted as FMLA
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| Posted 7/27/09 7:44 AM |
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BabyBoy
is Skylar Elizabeth
Member since 5/05 4189 total posts
Name:
Tom
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Re: FMLA
correct me if i'm wrong. FMLA is for emergencies and to just hold your job?
I don't think a pregnancy qualifies as a need to leave work and keep your job when you return.
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| Posted 7/27/09 8:56 AM |
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CAMCaps
Live Laugh Love Run
Member since 6/07 4922 total posts
Name:
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Re: FMLA
Family and Medical Leave Act
Overview
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
* for the birth and care of the newborn child of the employee;
* for placement with the employee of a son or daughter for adoption or foster care;
* to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
* to take medical leave when the employee is unable to work because of a serious health condition.
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| Posted 7/27/09 9:11 AM |
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DanielleP
LIF Infant
Member since 10/07 206 total posts
Name:
Danielle
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Re: FMLA
I just send yo FM about this. I do FMLA for work. If anyone has any questions please FM me.
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| Posted 7/27/09 9:31 AM |
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yanksgrl
LIF Infant
Member since 5/05 186 total posts
Name:
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Re: FMLA
you are allowed FMLA for the birth of a child and or adoption.
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| Posted 7/28/09 1:56 AM |
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CaseyGirl
Mommy to 3 Boys :)
Member since 5/05 19978 total posts
Name:
Jen - counting my blessings...
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Re: FMLA
If a person meets the qualifications, they cannot be legally denied. Companies can't pick and choose who they want to approve / deny. They have to go by the federal law, it's not up to corporate policy, for example.
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| Posted 7/29/09 3:22 AM |
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