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Thread: FMLA

  1. I like to think of jesus as a michevious badger
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    #1

    FMLA

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    If your husband is deployed and you are the primary caretaker for your child are you eligible for FMLA?

    I had 2 weeks of vacation, I used one week before my husband deployed (because duh to spend time with him since i wont be seeing him for a year) 3 days when we found out we could visit him on his leave from his training, and then the other 2 days because my son was sick.

    When I asked my HR person at work they told me basically that its a rough situation and well im just shit out of luck.

    So my boss told me he would work with me, My son got bronchitus so i had to miss work on monday, i had a follow up appointment for him today, which resulted in me leaving work 2 hours early. Turns out he is not working with me at all and putting me down for no pay, which if you get over 16 hours of no pay, im already at 10 hours from this week, you get fired.

    Can i fight this? How can i fight this? Everyone else ive talked to seems to think that i am getting royally screwed over.

    Im a good hard worker, i go above and beyond everyday. Im so confused why they wouldnt help me.

  2. Quis custodiet ipsos custodes?
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    #2
    I'm not an HR person so definitely take this with a grain of salt, but my understanding of servicemembers and FMLA is that FMLA is granted to take care of an injured servicemember rather than a sick family member.

    This will probably help more than me though:
    http://www.dol.gov/whd/fmla/fmla-faqs.htm

    Depending on how much you missed and the nature of the bronchitis it might qualify under a serious health condition of a family member?
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    #3
    What provision of the FMLA do you think applies? Caring for your son does not sound like "qualifying exigency leave" as defined in the act.

    In addition to the information Tojai supplied, there is a good guide here: http://www.dol.gov/whd/fmla/2013rule...de_ENGLISH.pdf
  4. I like to think of jesus as a michevious badger
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    #4
    Thank you this helps!
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    #5
    unfortunately it does not apply. if you needed to take a few weeks off because your son was very sick you could do that, but it does not cover you for a "couple" of days off.
  6. I like to think of jesus as a michevious badger
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    #6
    Thanks, looks like I might be needing to get a new job sometime this year then.
  7. You are here.
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    #7
    Quote Originally Posted by Tojai View Post
    I'm not an HR person so definitely take this with a grain of salt, but my understanding of servicemembers and FMLA is that FMLA is granted to take care of an injured servicemember rather than a sick family member.

    This will probably help more than me though:
    http://www.dol.gov/whd/fmla/fmla-faqs.htm

    Depending on how much you missed and the nature of the bronchitis it might qualify under a serious health condition of a family member?
    Quote Originally Posted by dekeoboe View Post
    What provision of the FMLA do you think applies? Caring for your son does not sound like "qualifying exigency leave" as defined in the act.

    In addition to the information Tojai supplied, there is a good guide here: http://www.dol.gov/whd/fmla/2013rule...de_ENGLISH.pdf
    Quote Originally Posted by gunsgirl View Post
    unfortunately it does not apply. if you needed to take a few weeks off because your son was very sick you could do that, but it does not cover you for a "couple" of days off.
    ditto...good luck!
  8. "If you don't like my attitude, quit talking to me"
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    #8
    I concur, doesn't qualify.

    Have you been at that job a year, or worked 1250 hours?
    If not, then you wouldn't qualify because of that either.

    I am not sure what a new job will do. You will have this probably at any job really. Unless you are wanting a job that will let you take leaves of absence without worry.

    There are 10 types of people in the world, those that understand binary and those that don't
  9. Quis custodiet ipsos custodes?
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    #9
    When I have employees that have to leave for family emergencies, what I can try to do is schedule them for the hours they missed. Like if someone has to leave 3 hours early to take their child to the doctor, I see if I can schedule them to make up 3 hours before the pay period ends. That way they don't get penalized for missed work ... it's not always possible, especially if the time they happen to leave is a really busy time then I wouldn't be able to approve it. Sometimes I can also get someone to come in to cover their shift, or someone who is working an earlier shift to stay late, etc. Are those kinds of things possible at your work?

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