Denied FMLA

[vscheer]

What is the name of your state (only U.S. law)? PA
My husband needs to have his knees replaced. He owns his own construction business and would like to have both knees done at the same time to reduce time away from the business. I work for a convience store accounting office handling around 55 stores in 4 states. I notified my employer that I would need FMLA papers for when my husband has his knee/knees replaced. Their response was "That may not qualify for FMLA". I quess my question is: What does qualify and why would it not qualify? Any help sorting this out would be greatly appreciated.

 

[pattytx]

If you are needed at home to care for him after recovery, that would qualify as a serious medical condition, assuming his doctor certifies that. However, I do have to confirm that you are eligible.

In the group of all those stores, are there at least 50 employees at YOUR store or within a 75 mile radius of your store?

Have you worked there at least one year?

In the 12 months immediately preceding the start date of your requested leave, will you have worked at least 1,250 hours?

http://www.dol.gov/whd/fmla/finalrule/whdfs28.pdf

 

[vscheer]

To pattytx

Yes, we are an accounting/marketing/maintenace/human resource office for those 55 stores and there are at least 50 if not more employees here. Also yes, I am a full time hourly employee and work 40 hours per week, so yes I would have the hours to qualify. I do have another questions, my employer pays half of my health insurance and I pay the remainder. If I should be granted FML, Do they have to continue to pay their portion of my health insurance? I realize that I need to pay my portion but I was just wondering if they can make me pay the whole bill beings I'm not at work? I think that they will grant me the time off to care for him but I believe they want me to use all me vacation days, personal days,ect.... and not FMLA. Thank you for all your help.

 

[ecmst12]

Under FMLA, you can only be asked to pay the same amount you NORMALLY pay.

His doctor will need to certify that he will require constant care for X weeks after the surgery.

 

[pattytx]

Agree with ecmst12. Also, they can make you use your vacation and sick time to substitute for salary while you are on FMLA. It's not necessarily an either/or.

All of this is addressed in the Fact Sheet I to which I previously directed you. You should read it.

 

[vscheer]

Thank you for all the information. I feel a little better knowing more than I did this morning.