A number of the changes to the FMLA regulations that go into effect in January, 2009, favor the employer. These changes and clarifications were made after the U.S. Department of Labor received comments from employers and input from groups such as the Society of Human Resource Management or SHRM.
Under the new FMLA or Family and Medical Leave Act regulations, employees are entitled to use any paid leave, including sick leave, vacation and personal leave while on FMLA. However, in order to use the leave, the employee must follow the employers usual policy for requesting the paid time off – even if those requirements are more stringent than the FMLA notice requirements.
A major change under the new regulations establishes that employers can deny bonuses, awards or other payments to workers who have not met a specific goal due to FMLA leave.
The new regulations also address a few specialized situations encounted by the U.S. Department of Labor. For example, they permit employers to charge an entire missed shift to FMLA even when the employee is absent for only a few minutes – but only in cases where it is physically impossible for the employee to begin the shift late. The example the U.S. Department of Labor uses is when a flight attendant misses the departure of an airplane due to FMLA.
Under the 2009 FMLA regulations, employees are still permitted to give less notice than usual under special circumstances, as when an employee has a heart attack on the way to work. However, in the absence of those special circumstances, the employee must comply with the employer’s notice and procedural requirements. This includes following the employer’s usual procedure for reporting an absence, even an FMLA absence. If the employee fails to follow the employer’s usual policy, the FMLA leave can be denied or delayed.
We have a friend who had cancer and is undergoing CHEMO.
He has been off on FMLA for 20 weeks. His employer had threaten him – if you do not return next week – you will be terminated. Is this legal?
He asked his employer – what if I return and have them come and perform CHEMO – while at work? To which he was informed NO.
Please respond ASAP.
Thanks, Joe
Yes, your friend’s employer has the right to terminate him after the FMLA is expired. Once terminated the employer will no longer have to provide health, life or any other benefits. Unfortunately, FMLA only protects the employee’s job and benefits for a limited period of time. Thanks for posting.
My mother is undergoing chemo each week. Unfortuantely after her FMLA ended she was terminated. However she had long term disability – but was terminated anyway. Is that legal? Why not have her go out on long term disability?
Please help…need to find out what my mother’s rights are.
Thanks.
Tonya,
FMLA and long-term disability are two separate things. FMLA protects your mother’s job and benefits for a relatively short period of time afterwhich the employer can legally terminate her.
Long-term disability is something else entirely. If your mother’s employer has a group LTD policy, your Mom could qualify for benefits and receive those as long she she is unable to work and meets the defintion of disability in the policy.
Termination from one’s job does not disqualify an employee from receiving LTD benefits. An employee would continue to receive these benefits even when officially terminated by the ER.
If you have any other questions, please feel free to send me an email. Linda
I have transfer to another dept, that does not have flex time or schedule. I have illness that may required me to be off or late at times do to medication. I have yet to have this happen in the last two years. my concerns if this arises should I then ask for FMLA. Or can I request it now since I have a chronic illness for protection until I can transfer to another department that flexiable
Hello. The first step is to consult with your physician to determine if a period of disability is appropriate. If it is, then contact your Human Resource office and obtain information on how to apply for short-term disability. Normally, your employer will provide you with the forms for FMLA which runs consecutively with your STD. Consulting with your physician is the first step, then contact your HR Department. Good luck to you, and thanks for posting. Linda
I am currently on FMLA to take care of my mother, for duration the doctor put indefinite but I plan on going back to work after she get back on her feet. I am not getting any income. My question is how long is my employer suppose to hold my job? Can they terminate me?
Please refer to the following. Employers may terminate your employment after 12 weeks if you do not return to work.
The Family Medical Leave Act (FMLA) protects the jobs of certain employees who take time off for medical reasons, birth, adoption, or caring for a family member who has a serious health condition. If you are an employee, don’t wait until you need to use FMLA to find out what it’s all about, here are the basic FMLA rules. •FMLA covers certain employers. Employer must have 50 or more employees for at least 20 weeks in the current or preceding calendar year to be bound by the law. Public agencies, public and private elementary schools are also covered by FMLA.
•FMLA covers certain employees. Full and part-time employees, temporary workers, and employees whose work sites are located within 75 miles of the employer are covered. Employees must also have been employed for at least 12 months and have worked at least 1250 hours to be eligible for the protection.
•FMLA guarantees job-protected, unpaid time off. Under the FMLA rules, eligible employees get up to 12 weeks of unpaid leave during a 12-month period.•FMLA is a federal law, but may have state equivalents. Though FMLA is federally mandated, a dozen or so states have state counterparts to the law. For example, many of the state laws also provide unpaid leave to care for a same-sex partner or otherwise expand the rules or coverage. A state equivalent may enable the employee to exhaust both the state and federal sets of unpaid leave without fear of losing their job.