Can an employer deny FMLA if the event happened before eligibility?

9 Comments

1. AnonymousSeptember 16,2024 at 8:58PM UTC

   I actually see that being granted at larger company locations with the required number of employees.

2. AnonymousSeptember 17,2024 at 12:50PM UTC

   I would grant OP the leave, as the baby is less than 1 year old, and she now qualifies for the leave. The way the FMLA reads, I think she is eligible. Ask an attorney.

3. AnonymousSeptember 17,2024 at 2:09PM UTC

   FMLA can be a little tricky. It comes down to the wording. Even though the child is under a year, if you weren't eligible at the time of birth, then I don't believe you are eligible to take FMLA. And since you have the paid leave still remaining, it may be best to save the FMLA if something else comes up.

4. AnonymousSeptember 19,2024 at 2:20PM UTC

   It's worth talking to your HR department since your baby is less than 12 months for bonding.

5. AnonymousSeptember 19,2024 at 4:55PM UTC

   Speak to an employment attorney in your state, most states have an attorney referral service that can provide minimal cost advisement through the BAR association in your town.

   I would not take advice here without detailed documentation that will give you a clear answer. While you could apply using your HR person the rules may have some parameters depending upon specific dates and company guidelines that are going to make it difficult. Congrats on the new addition!

6. maria roseSeptember 19,2024 at 4:58PM UTC

   The impression that I am getting from this OP, is that they don’t know how to make use of the FLMA to ask for the time off , regardless of the reason given. Since there’s no mention of the geographic location, 2things have to be considered—what does the FLMA laws say in the specific geographic location and what does the company state that they offer for their employees for FLMA and use that as a starting point. Obviously, HR will be involved because there’s a certain amount of paperwork involved ( by legal law) which also includes the difference between getting the time paid by the company and when the FLMA might be an unpaid leave. The key is to understand that the expectation of holding your job position does have qualifiers and has nothing to do the why of the need to take the FLMA. You decide what is financially feasible—

7. AnonymousSeptember 23,2024 at 5:38PM UTC

   AFAIK FMLA does not need to be paid and usually isn't; it's just job protection if you qualify.

   It was unpaid at my last company; I don't know about others because I've only had to look into it once.

8. AnonymousSeptember 19,2024 at 5:47PM UTC

   speaking from experience as HR who is familiar with leave laws. If your event happened before FMLA eligibility then you're not eligible for the unpaid job-protected time off under FMLA for this event.

   For you to be eligible for FMLA, you would have to work the 12mo that you mentioned and also be in geographical area with 50 or more employees within 75miles radius.

   You mentioned Paid Family Leave, is this a company policy or state policy? If state, which state are you working in?

   Sounds like State's benefit but I don't want to assume. Paid Family Leave under state usually provided the monetary benefit but not the job protection, however unlike FMLA there's usually no wait time for Paid Family Leave.

   Echoing others' recommendations here, I would recommend you talk to HR about your eligibility, FMLA and company's policy in case there's something the company does to accommodate employees.

9. AnonymousSeptember 23,2024 at 5:51PM UTC

   My last employer was big enough to have FMLA but they also had a category of unpaid personal leave that could be used if FMLA did not apply (FMLA is so limited by law to certain relatives I could not use it to help my own sister if she had surgery or whatnot). You could see if your employer has anything similar.

   That personal leave did NOT have the job protection of FMLA and I would not take it in this market for the reason you want to take leave (especially since you don't know what else could happen). I'd look at what logistics and budget permit "outsourcing" (i.e. yard work, cleaning, etc) and hire that to have more time with my new baby outside of work hours and on days you don't work (ie weekends for the Monday-Friday crowd). It's great that non-birthing parents have parental leave now (I think my dad was able to use a couple personal/vacation/sick days when my younger sibling was born, and I stayed with grandparents), but babies will bond with both parents with consistent love and care, even if one parent is a higher percent of the care time.

   You obviously have to decide what is right for your family.