FMLA Question - Does Anyone know.

[Lance06]

Hi Ladies. So, I am wondering. I know in NY FMLA can be taken once a year if needed. However, I dont really know the stipulations and am wondering if anyone else does. My FMLA for me started December 20, 2008 when I got pulled from work with Sarah and I did not return until the beginning of April. I am now due again February 24th, and am wondering if I am going to be able to take FMLA. I dont know if that "year" marks the beginning or the end, since I didnt come back until april, would i have to wait til april to be eligible?? Does anyone know???

[JoyRenee]

I'd definitely ask HR. My thinking is that it would be per calendar year.

[spade22]

jennymay - that is something I didnt know.  Thanks for sharing.

Lance06 - please let us know what you find out.  It sounds like you should be ok though since you started your leave in late December.

[jennymay]

I just lost my job when I was put on bedrest for 14 weeks with my daughter, so I had to figure this out. The 12 weeks is on a rolling calander, so on Dec. 20, 2009, you will only get back one day, not the whole 12 weeks. Dec. 21st you would get back another day, and so on. So you get each day back one at a time, after exactly a year. So you won't have all your time back until April. i feel like I'm rambling, does this make sense? I am in CO, so I don't know if it's different in NY. Hth!!

[Lance06]

thanks so much spade!!!! I am going to talk to HR

[spade22]

Ohhh - so you can only take 12 weeks during a one year period from the START date of when you first take your FMLA.

You will get another 12 weeks FMLA on December 20th 2009.  Double check w/ HR but that is my understanding of it.

[spade22]

This is from the department of labor website:

"Covered employers must grant an eligible employee up to a total of 12 work weeks 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."

Also note:

"The FMLA generally covers employers with 50 or more employees in 20 or more workweeks per year in the current or preceding calendar year."


If you, and the company you work for, meet those criteria you can take up to 12 weeks unpaid leave without the risk of losing your job.  Some jobs also pay some disability - check with your HR on that one.

[Lance06]

Well, i get new vacation time coming up when the new calendar year starts...but....i am hoping to not have to use it, because it would be a long year going back with no time to use. I guess I will just talk to someone in HR when I have a chance. I just hope its not an issue.

[KM604]

I think its 12 weeks per calendar year, so maybe check with your employer and see if since it's in a new year it changes your eligibility.  Do you have vacation or sick time you can use?