[cnshornsby]

Any FMLA experts out there? Or anybody know who (outside my job) I could contact for questions?

Here is my situation: I filed for FMLA with Delaney only so I could take off without 30 days notice. Our policy is that you give 30 days notice or have to find your own coverage. I work weekend option (Friday/Saturday 7 pm to 7 am). I took 2 FULL weekends off (so 46 hours) and cut my hours by 4 each night for another 4 weekends (so another 32 hours off). Nowhere near the 12 week max. I kind of thought at the time that I could take the rest of the hours with Brea or apply for a new one since I didn't use all hours. We got a new girl in HR, and she informed that you cannot take a pregnancy or adoption leave intermittenly (but she would let me do the reduced hrs because the previous girl had already agreed). But no new FMLA because it has not been 12 months since the last. And I can't use the rest of it because it is not for the same child. Actually, I gave the scenario of "what if Delaney needed surgery or had issues later that I needed to be off for", and I was told that it was only to bring her home, and tough luck if she had cancer or something like that. I could only use it for bringing her home when I brought her home.

So, anybody with input? Thanks!

[KJones5]

Here's a link to the Department of Labor's website that outlines FMLA. Hopefully, you can find what you're looking for!

http://www.dol.gov/esa/whd/fmla/

[hprusia0414]

I'm not an expert, but FMLA is a GOVERNMENT LAW, not a company policy. It can be used for just about anything, personal illnesses, if you are a caregiver, adoption, etc. Maybe try to "Google" it and see what you come up with. Then once you are more familiar with it, go back to your HR person "armed" with knowledge!

Good luck!

[shiloblwe]

Hello. I thought I could help you a little. I am a benefits specialist in Indiana.. I happened to see your post though. See th elink below for the gov website for FMLA. It slearly states (under How much leave is an employee permitted to take? ) that "(a) An eligible employee's FMLA leave entitlement is limited to a
total of 12 workweeks of leave during any 12-month period for any one,
or more, of the following reasons:" then is goies on with the details.

http://www.dol.gov/esa/whd/fmla/

Good luck! I would strongly suggest that you print out any pertinent information and go over it with your HR DIRECTOR.

[carney10]

You are correct. The law clearly states that you can have up to 12 weeks in a 12 month period, intermittent or continuous following the placement of a child. I am pretty sure you will have to file for a new FMLA, you cannot use the old one. Now-this said they just have to make sure you have worked the required hours (1250 I think) in the last 12 actual months, not counting vacation or sick pay.

I hope the website, given above post, helps you with contact information to prove you are correct.

[bbeard72]

You are allowed 12 weeks of leave during a 12 month period. And yes there is intermittent FMLA leave. I administer FMLA at my company. Intermittent FMLA is primarily used for people who have to take a sick child to treatments or care for a spouse etc. We just add up the hours they are gone to make sure they don't total above 12 weeks .

[jennandsteve]

I think you can call a fed agency to ask your questions and you don't even have to reveal your name or your company.

[bekalynn]

Originally Posted by cnshornsby

Actually, I gave the scenario of "what if Delaney needed surgery or had issues later that I needed to be off for", and I was told that it was only to bring her home, and tough luck if she had cancer or something like that. I could only use it for bringing her home when I brought her home.

So, anybody with input? Thanks!

I also work in Human Resources --

This TOTALLY incorrect, 10000% and it angers me that they told you that.

GOD FORBID - but if you should need time off, in the same 12 month period, to care for your sick child/family member- you file for extended FMLA time, not to exceed the 12 weeks, and you bet your bottom it can be used intermittently.

FMLA was put in place to PROTECT your job. This new HR girl needs to get her facts straight.

[becky]

I just checked with my hubby who is an employment attorney. He said that your adoption is a separate 'qualifying event' and that you are absolutely able to take FMLA as long as you have not already taken 12 weeks in the past 12 months.

Good Luck!

[tam_nojm]

I was able to file for intermittant FMLA. I worked part-time and my job was covered. Sounds like that HR person doesn't know the law!

[Anne22]

Ditto what the others have said. I'm a former employment lawyer. My understanding is that (a) adoption absolutely is a qualifying event; (b) assuming that your employer is covered by the FMLA and that you have worked the requisite number of hours in the past twelve months to be eligible for leave under that law, you are entitled to twelve weeks of unpaid leave in a twelve-month period; (c) if you took some FMLA leave recently, but did not exhaust your twelve-week entitlement, I think that you should be allowed to use the remaining weeks for another FMLA-leave qualifying event, regardless of whether that event concerns the same person for whom you originally took FMLA leave; and (d) absolutely, you can take FMLA leave intermittently (I'm doing it right now).

Good luck to you! Hope you can talk to someone else in HR who may be more knowledgeable than the person to whom you originally spoke.

[Mindybeth6]

FMLA is a RIGHT that you have as an employee per the US Goverment. If somethinghappens to your child and you have to care for her you better believe that you are absoltely entitled to take that time off. SO what she is telling you is not true. For example, my husband has had to take FMLA twice since the birth our bio son. THe first time was because I was hospitalized with kidney problems and he had to take care of me and our son, the second time was when I had back surgery this past summer and he had to take care of me. SO what she is telling you is crap. Businesses do not like FMLA and they just try to get youto not take it but you can. It is up to the business how much apid sick time you are allowed to take though while on FMLA. For example, my husband is in law enforcement and it is in their contract that while they can take FMLA, they cannot take more then 3 weeks of sick time for it. SO my husband is currently saving up his vacation time...he has three weeks now to add to the 3 weeks of sick time he can take so he will be home for 6 weeks. I have no idea who you can contact. My husband is in a union so they take care of stuff like this, but you can take FMLA and I have never heard of a time limit thing like you are talking about.

Mindy