I notice that many times people post that "your job is protected for 12 weeks by FMLA". We probably should state "your job is protected for 12 weeks by FMLA if your employer is a covered employer and you meet the eligibility requirements" Not everyone is protected.
FMLA applies to:
* all public agencies, including State, local and Federal employers, and local education agencies (schools); and,
* all private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year - including joint employers and successors of covered employers.
To be eligible for FMLA leave, an employee must work for a covered employer and:
* have worked for that employer for at least 12 months; and
* have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and,
* work at a location where at least 50 employees are employed at the location or within 75 miles of the location.
Plus it doesn't necessarily guarantee that your job is held. You cannot be fired for taking FMLA but you can still be fired.
In Bacon v. Hennepin County Medical Center, the injured worker was required to call in every day to report whether or not she would be able to work. That policy also included while she was on FMLA. She stopped calling because she felt that since she was on FMLA and had a doctor's note stating she couldn't work, she didn't need to follow the policy. She was considered to have voluntarily quit. And therefore she lost her job and was ineligible for unemployment.
My 2 cents:
it is definately important to get more followup information and refering posters to some fmla resources. laws are complex with many exceptions.
I don't have trouble making a "generality" in the opening reply and drilling down later in the thread as details emerge.
For me keeping replies short and to the point is more important then providing extensive details; especially when many first timers vanish and never post again.
I agree totally but some people aren't eligible and get false hopes. Maybe it would be better to just say "your job
may be protected for 12 weeks by FMLA". You do usually post a link which lets them learn more. Some people though just post that they are protected with no other info.
I posted this because I've seen the comment several times lately and thought it might help.
actually I would not be surprised if a few of those who did reply that way were not aware that some employees were excluded from FMLA coverage.
your post is a good reminder to those who respond to check their infromation with reliable sources.
I too can be at fault at rushing through a thread here and there.
I do at times request injured workers review company policy, handbook from employer, and Union Contract if they have one. All of these need to be read, and learned way before a employee does become injured, but should be read, and learned so they understand the rules of such place of employment.
when i was gpoing to be out and i asked employer if i needed to fill out paperwork for fmla they told me not to worry about it. i was one of the lucky ones, i was out more than 6 months. i sure wish i had known about this site in 2003 when i had my initial injury. there is lots of good info given here. but you have to do your own research also.
I am one of the culprits that uses this statement!
Thanks everyone.....i'll be sure to watch what i say next time..I certainly don't want to give anyone false hopes or misinformation.
Lilly
I also know, even though I have posted the FMLA web site, I found myself still trying to explain it to people. Not all people just some. As we know, sometimes when in distress with an injury, not many things will make sense.
http://www.dol.gov/esa/whd/fmla/
I notice that many times people post that "your job is protected for 12 weeks by FMLA". We probably should state "your job is protected for 12 weeks by FMLA if your employer is a covered employer and you meet the eligibility requirements" Not everyone is protected.
FMLA applies to:
* all public agencies, including State, local and Federal employers, and local education agencies (schools); and,
* all private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year - including joint employers and successors of covered employers.
To be eligible for FMLA leave, an employee must work for a covered employer and:
* have worked for that employer for at least 12 months; and
* have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and,
* work at a location where at least 50 employees are employed at the location or within 75 miles of the location.
Plus it doesn't necessarily guarantee that your job is held. You cannot be fired for taking FMLA but you can still be fired.
In Bacon v. Hennepin County Medical Center, the injured worker was required to call in every day to report whether or not she would be able to work. That policy also included while she was on FMLA. She stopped calling because she felt that since she was on FMLA and had a doctor's note stating she couldn't work, she didn't need to follow the policy. She was considered to have voluntarily quit. And therefore she lost her job and was ineligible for unemployment.
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Here is my experience with FMLA. My employer called me and told me I would need to furnish them with a letter stating I was requesting FMLA due to my injury. Our workplace policy said that if I did not return to work at the end of my FMLA that I would be considered to have resigned. That meant that I would lose my WC because I would have "resigned" or quit my job. according to the FMLA policy that was in place at my place of employment. I told them I refused to request FMLA and as far as I know, I am still employed. Be careful what you give them. As so many on here have said, you better watch out for yourself because no-one else will.