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  1. #1
    mom4ever is offline Junior Member
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    FMLA Eligibility-unusual situation

    California

    I was reinstated to my previous job with the state of CA under mandatory reinstatement rights in August 2011.
    My original hire date was in July 2001.Became permanently disabled in July 2005. Reinstated to previous rank but to an unfamiliar unit and job duties.
    BTW I am still disabled and still getting SSDI under the rules of trial work period. When I reinstated I got all the same benefits and service credits, vacation/sick time earned even the same health insurance with out a waiting period.( I think new hires have to wait 60 days) as I was getting in 2005.
    A ll of which I am grateful for. But due to the fact that it has been almost 7 years since I have been in any workplace And the fact that I am still disabled it has been extremely hard.
    I have had a new medical issue pop up since so I have had to call in sick a little more than is normal.
    So my question is if I have the exact job cicumstances that I did in 2005 , why is it not true for my fmla eligibility too? I was denied because of the hours and and 12 month work period part of the rules. What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by mom4ever View Post
    California

    I was reinstated to my previous job with the state of CA under mandatory reinstatement rights in August 2011.
    My original hire date was in July 2001.Became permanently disabled in July 2005. Reinstated to previous rank but to an unfamiliar unit and job duties.
    BTW I am still disabled and still getting SSDI under the rules of trial work period. When I reinstated I got all the same benefits and service credits, vacation/sick time earned even the same health insurance with out a waiting period.( I think new hires have to wait 60 days) as I was getting in 2005.
    A ll of which I am grateful for. But due to the fact that it has been almost 7 years since I have been in any workplace And the fact that I am still disabled it has been extremely hard.
    I have had a new medical issue pop up since so I have had to call in sick a little more than is normal.
    So my question is if I have the exact job cicumstances that I did in 2005 , why is it not true for my fmla eligibility too? I was denied because of the hours and and 12 month work period part of the rules. What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?


    Standby for others, but I'd guess at least in part that it's because you haven't actually worked X amount of hours during the past 12 months.
  3. #3
    Willlyjo Guest
    Quote Originally Posted by mom4ever View Post
    California

    I was reinstated to my previous job with the state of CA under mandatory reinstatement rights in August 2011.
    My original hire date was in July 2001.Became permanently disabled in July 2005. Reinstated to previous rank but to an unfamiliar unit and job duties.
    BTW I am still disabled and still getting SSDI under the rules of trial work period. When I reinstated I got all the same benefits and service credits, vacation/sick time earned even the same health insurance with out a waiting period.( I think new hires have to wait 60 days) as I was getting in 2005.
    A ll of which I am grateful for. But due to the fact that it has been almost 7 years since I have been in any workplace And the fact that I am still disabled it has been extremely hard.
    I have had a new medical issue pop up since so I have had to call in sick a little more than is normal.
    So my question is if I have the exact job cicumstances that I did in 2005 , why is it not true for my fmla eligibility too? I was denied because of the hours and and 12 month work period part of the rules. What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
    Because you have to work a certain amount of hours to be eligible for FMLA benefits. Since you were reinstated in August, 2011 and it is now 7 months later, you haven't (by FMLA standards) accumulated enough hours to be eligible to take 4 months or any portion thereof, away from work due to illness. You'll have to work another 5 months to get the hours needed to become eligible (like all employees who have the oportunity to recieve FMLA benefits).
  4. #4
    Betty is offline Senior Member
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    You apparently don't meet all the requirements for FMLA or Ca. FMLA (CFRA).
  5. #5
    mom4ever is offline Junior Member
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    It just seems like the other pfacets of my job were restored as if no break had occured except when it came to fmla. I think my manager just rubber stamped a denial, he's demonstrated a potential for laziness and forgetfullness in my opinion.oh well. I was just curious. Thanks
  6. #6
    Proserpina is offline Senior Member
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    Quote Originally Posted by mom4ever View Post
    It just seems like the other pfacets of my job were restored as if no break had occured except when it came to fmla. I think my manager just rubber stamped a denial, he's demonstrated a potential for laziness and forgetfullness in my opinion.oh well. I was just curious. Thanks


    Your FMLA eligibility isn't decided by your manager; he is governed by Federal AND state law.

    You don't qualify - it's that simple, I'm sorry.
  7. #7
    swalsh411 is offline Senior Member
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    And the situation is not unusual. The FMLA eligibility rules are simple any clear.
  8. #8
    cbg
    cbg is offline Senior Member
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    In order to qualify for FMLA, ALL of the following must be true:

    1.) Your employer has a minimum of 50 employees within a 75 mile radius of your location
    2.) You must have worked for this employer for a minimum of 12 months
    3.) In the 12 months immediately preceding your leave, you must have worked for this employer a minimum of 1,250 hours
    4.) You or a qualified dependent/beneficiary must have a serious health condition as defined by the FMLA statute.

    If even one of these criteria is not true, then you do not qualify for FMLA.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  9. #9
    Betty is offline Senior Member
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    Ca. has it's own family leave act (CFRA - Ca. Fam. Rights Act) but these are the requirements: To be eligible for CFRA leave, an employee must be either a full-time or part-time employee working in California, have more than 12 months (52 weeks) of service with the employer, have worked at least 1,250 hours in the 12-month period before the date the leave begins, and work at a location in which the employer has at least 50 employees within 75 miles radius of the employee's work site. All these requirements must be met.
    (It's time off to care for "qualified" family members with a serious health condition; employee's own serious health condition (excludes pregnancy); & for bonding with newborn child or child placed with employee in connection with adoption or foster care.)

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