Family Medical Leave Act
questions & answers
Question: My husband is a state employee and while I gave birth to our son, he took FMLA for 5 weeks. When he returned to work he submitted our sons birth certificate and the HR representative told him we were denied because it had exceeded the 30 days to enroll him. Can they do this while on FMLA?
Answer: The FMLA does not protect all employees. Instead, it protects only covered employees. To be covered by the FMLA, you have to meet all of the three following requirements:
•You work for a company that has 50 or more employees within 75 miles of your workplace; and,
•You worked for your employer for at least one year before taking the FMLA leave; and
•You worked at least 1,250 hours in that year (about 25 hours per week) (29 U.S.C. 2611(2)).
If you are a "covered employee" under the FMLA, you can take up to 12 weeks of unpaid leave in any 12 month period for the following three reasons:
•To recover from your own serious health condition that prevents you from performing the functions of your job
. •To care for a child, spouse, or parent with a serious health condition;
•To give birth or adopt a child. Both mothers and fathers can take leave for the birth, adoption, and care of a new child (29 U.S.C. 2612(a)(1));
Covered Employees cannot be fired for taking the protected FMLA leave. Moreover, your employer cannot count your absences under a disciplinary policy if the reason for missing work was covered by the FMLA. (29 CFR 825.220(c)). FMLA leave is unpaid leave, but it can be combined with paid leave provided by the employer, such as vacation or sick pay. (29 CFR 825.207). For more information on FMLA, go to our website http://www.azlawhelp.org/articles_info.cfm?mc=2&sc=13&articleid=48 for the complete article. You may also want to check out the Dept. of Labor's website on FMLA - http://www.dol.gov/compliance/guide/fmla.htm
QUESTIONS
-
My husband is a state employee and while I gave birth to our son, he took FMLA for 5 weeks. When he returned to work he submitted our sons birth certificate and the HR representative told him we were denied because it had exceeded the 30 days to enroll him. Can they do this while on FMLA?
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
OTHER LEGAL RESOURCES
-
State Bar of Arizona
www.azbar.org -
Maricopa County Bar
www.maricopabar.org
Referral number 602-257-4434 -
Pima County Bar
www.pimacountybar.org
Referral number 520-623-4625 -
National Domestic Violence Hotline
800-799-7233 -
Bankruptcy Court Self Help Center
866-553-0893 -
Certified Legal Document Preparer Program
Link
ORGANIZATIONS
- Catholic Charities - West Valley
View full description - DNA- People's Legal Services - Window Rock
View full description - Southern Arizona Legal Aid, Inc. – Whiteriver
View full description - American Civil Liberties Union of Arizona
View full description - Legal Services for Crime Victims in Arizona (LSCVA)
View full description
Generic versions of the drug Cialis, sold as tadalafil, now available from many manufacturers.