Question:
What are the FLMA Rules HEPL!!!

My job has told me i do not get FLMA because I have not been at my job one year yet. I will be two months short of a year when i have my surgery. I can not even get short turm disability from my job for the same reason. HELP!!! Can I apply for unemployment for the short time I am out of work? I even have to pay the full amount of my own insurance not the part that they take out but the full cost with no contribution from my job. HELP!    — Debra F. (posted on September 20, 2003)

September 20, 2003
Your job is right - you have to be employed 12 months to become eligible for FMLA. No unemployment is possible because that is only for people who are out of work by no choice of their own (fired without cause or laid off). If it were me, I'd reschedule for two months later. If you can wait, your premiums will only be the part you are currently paying on your own (not the employer share), you can take up to 12 weeks paid or unpaid, and your PTO keeps acruing. Definitely worth the wait - even that is probably the last thing you want to hear.
   — bethybb

September 20, 2003
Unfortuneately it is up to the Employer's policies. I was fortunate and did not have to deal w/ such rules. I was able to get time off and short term disability after only 2mos on the job. Also keep in mind that most short term disability policies have a grace period before they kick in and normally only pay 2/3's of your regular salary.
   — [Deactivated Member]

September 21, 2003
Debra, I agree that you should probably wait 2 more months. The FMLA assures you that you will have a job when you return to work. Even though it is Leave Without Pay, that assurance is worth waiting for. After all ,what is 2 more months? Especially if it qualifies you for insurance coverage. If it were me, I would just quietly talk to my surgeon, postpone the surgery for two more months, and not say a word to my employer until a month before the new date. You are not required to tell your employer everything about yourself and it is my opinion, that they love to mess you over if they can! FMLA is an entitlement but you do have to meet the requirements. That includes working for one year at the place of employment. After that first year, you can reinvoke FMLA but have to work, I think, 1250 hrs in that year or something like that. In West Virginia, you do not qualify for unemployment unless you are laid off or with certain restrictions, are terminated. Good luck! It is soooooo worth it to have the surgery and even though there are a lot of hoops to jump through, it is worth it in the long run. Get all your ducks in a row, then inform your employer that you will be off for surgery and are invoking FMLA. Remember after you meet the criteria, FMLA is an entitlement not a courtesy from your employer. Thank you former President Bill Clinton for this wonderful freedom for us. By the way, it would take an act of Congress, literally, to take this away but certain politicians would love to take it away to help their big business interests.
   — Mylou52

September 21, 2003
http://www.nalc.org/depart/cau/fmla.html
   — RebeccaP

September 21, 2003
Marilyn hit thenail right on the head with the great info re: fmla. . In order to qualify for unemployment in my stateyou have to be ready and available for work of any kind. If you are ill or on medical leave or go out of town for any purpose other than job search you cna;t get it. (my brother lost unemployment for a week when he visited me and got snowed in for a week and mentioned it at the employment office.)
   — **willow**