What is the name of your state (only U.S. law)? Iowa
I am a full time employee (36-40 hours/week). Due to some severe back problems, since December I have only been working part time. I have worked for the same company for over 16 years and have accrued many hours of sick leave. I've been using the sick leave to make up for the hours I am off. I've recently found out I will need a serious and complicated back surgery that will keep me off work for three months. I'll be undergoing that surgery in one month.
Yesterday when I went to HR to discuss my upcoming leave from work, the head of HR told me I would not have a job to come back to because I had already used all or nearly all of my FMLA time. He said I could use up the rest of my sick leave, they would cut me a check for my accrued vacation hours, and that would be that. I was shocked, to say the least, as I had never signed up for FMLA and didn't know I was using FMLA time. One of the reasons I had gone to HR, besides telling them I would be away from work, was to ask about FMLA and the paperework.
Head of HR pointed out that it wouldn't be fair if, after using all my FMLA time, I continued to work part time or be gone from work for three months and they would still be paying me benefits, i.e healthcare benefits. I thought FMLA would start when I left work to have surgery and I had used all my sick leave and vacation time. I understand I would still have to pay my healthcare premiums to still be covered.
Does this guy know what he's talking about?
He also told all the employees, in a meeting, if we missed a day of work due to illness without a 24 hour notice, it would be an occurence. But, we would have 10 days to file for FMLA for the day missed and then the occurence would be taken away. I thought in order to use FMLA, one had to have a serious illness and it had to last three days, requiring a doctor visit.
If I have been using FMLA since December, shouldn't I have been told, and wouldn't I have had to fill out some papers?
Many thanks to anyone who can help me sort this out. For sure, my HR guy can't.
Zoey
I am a full time employee (36-40 hours/week). Due to some severe back problems, since December I have only been working part time. I have worked for the same company for over 16 years and have accrued many hours of sick leave. I've been using the sick leave to make up for the hours I am off. I've recently found out I will need a serious and complicated back surgery that will keep me off work for three months. I'll be undergoing that surgery in one month.
Yesterday when I went to HR to discuss my upcoming leave from work, the head of HR told me I would not have a job to come back to because I had already used all or nearly all of my FMLA time. He said I could use up the rest of my sick leave, they would cut me a check for my accrued vacation hours, and that would be that. I was shocked, to say the least, as I had never signed up for FMLA and didn't know I was using FMLA time. One of the reasons I had gone to HR, besides telling them I would be away from work, was to ask about FMLA and the paperework.
Head of HR pointed out that it wouldn't be fair if, after using all my FMLA time, I continued to work part time or be gone from work for three months and they would still be paying me benefits, i.e healthcare benefits. I thought FMLA would start when I left work to have surgery and I had used all my sick leave and vacation time. I understand I would still have to pay my healthcare premiums to still be covered.
Does this guy know what he's talking about?
He also told all the employees, in a meeting, if we missed a day of work due to illness without a 24 hour notice, it would be an occurence. But, we would have 10 days to file for FMLA for the day missed and then the occurence would be taken away. I thought in order to use FMLA, one had to have a serious illness and it had to last three days, requiring a doctor visit.
If I have been using FMLA since December, shouldn't I have been told, and wouldn't I have had to fill out some papers?
Many thanks to anyone who can help me sort this out. For sure, my HR guy can't.
Zoey
