FMLA: The Devil Is In the Details!
Thanks to AHI publications, we have the following updated information and cases regarding FMLA. Did you know, for example, that 52% of workers took FMLA leave more than once last year? Or, that a recent study estimated that employers spent over $20 billion in 2004 to comply with FMLA?
Now, some interesting details come up in court cases:
1. The FMLA covers employers that have 50 or more employees within a 75-mile radius. But, how is the 75-radius measured? Is it based on linear miles (or, "as the crow flies") or "surface miles," using surface transportation over public streets, roads, highways, and waterways?
2. According to the DOL, a husband and wife who work for the same employer are limited to a total of 12 weeks of FMLA between them, not 12 weeks each. What about for a child and parent who work for the same company? Do they get a total of 12 weeks, or each get 12 weeks of FMLA leave?
Answers are:
1. An appeals court ruled that the DOL's road miles regulation should be given deference. Thus, surface miles are used where appropriate.
2. When it comes to a parent and child working for the same company, they each get 12 weeks of FMLA leave.
Read more here.
posted by Michael @ 8/16/2005 01:01:00 PM 
4 comments
4 Comments:
Reference #2, it's very hard for a parent and child to both be able to take FMLA for the same reason. A grandparent doesn't get FMLA time for a grandchild outside of unusual circumstances (i.e., the parent can't get FMLA to care for the child) and an adult child of a sick parent often can't justify FMLA if the other parent is serving as primary caretaker.
I once got FMLA as an adult child but the burden of proof that I was needed was very high indeed. As well it should have been.
i am suspended pending termination due to my daughters illness, i went over my FMLA time, so my employer suspended me waiting for termination.
can someone help with this issue above thank you
I lived with my 84 year old father and he broke his hip on 5/4/06. My state employer made me turn in 4 FMLA forms and kept denying me the right to be with my dear father in the hospital after his hip surgery. My Dad passed away on 6/16/06 and I think if I could have been there, my Dad may not have died of pneumonia. Please give some advise...sad in PA
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