FMLA Question

Just my guess here, but I think because it is a legal issue, they're just covering their bases.  We don't document an hour here or there, or even a sick day, in most cases either, but I think this might be different. It's possible that thru the course of her pregnancy, she will need to take a significant amount of time off and they may not want her to say at the end that she's entitled to start from scratch. As I said, I'm just guessing on this.

I don't really know what FMLA is, but I was thinking the same as Cathy.  I'm also salaried, no overtime, certain amount of paid vacations, but unlimited sick days.  However, me having a migraine once every 2-3 months and taking a half day for a doctor appt or dentist appt once or twice a year is different than someone taking a week of planned "sick" days in a row for pregnancy/maternity.  I think we get a certain amount of maternity leave (2 weeks?), then you can use your paid vacations on top of that (20 days total), and it that's still not enough, you can apply for more vacation but not paid. 

As I understand the FMLA, it is 12 weeks of UNPAID time that you are allowed to take off if your maternity leave is not enough, or if you are a father and maternity leave doesn't apply, or if someone in your family is sick and you need to care for them.  I THINK that what FMLA does is protect your job- meaning you are still eligible to return to work after you take it, it would be illegal to fire you.

FMLA is not the same as maternity leave.  *edit to add*  you have UNLIMITED sick time?  That doesn't sound right, are you SURE?  Why would anyone ever come to work?

They may be counting her hours towards her maternity leave in order to force her to use FMLA.

Do you see where I'm going with this?  They don't want to pay her one dime more than they have to.  What they're doing is not really very nice, and there may be a reason that they want her to leave on her own (if she gets mad enough).  However, companies can force you to use the "Time They Give you As A Benefit" any way they want.  Keep in mind, there is absolutely NO federal statute requiring that employees even get breaks.  That's up to the company.

Here is a synopsis of FMLA as defined by the labor department:

 

Synopsis of Law

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

• for the birth and care of the newborn child of the employee;
• for placement with the employee of a son or daughter for adoption or foster care;
• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• to take medical leave when the employee is unable to work because of a serious health condition.

Yes, we have unlimited sick time, as in there is no predefined amount we get. It's not earned or accrued. It's kept track of and of course if it appears that you are abusing it, then there is an issue. I realize FMLA in itself is unpaid, but my company offers salary continuation, the minimum being the 12 weeks of FMLA and it increases the longer you work there. I would understand keeping track of it if she was calling in sick all the time or knew she would be out for any period of time, but missing an hour of work for an appointment seems petty to me. Especially since leaving for regular Dr. appts are not tracked period.

I apologize in advance to anyone who works in Human Resources... but my experience with HR is that they generally have the best interest of the COMPANY in mind and not the employee.

Is she the first person who has been pregnant in your office or is she being singled out?

(I do love myself a good labor law violation... keep it coming!)

jenn52

I would understand keeping track of it if she was calling in sick all the time or knew she would be out for any period of time, but missing an hour of work for an appointment seems petty to me. Especially since leaving for regular Dr. appts are not tracked period.

 

Seems petty to me too then, especially if you get an hour for lunch.  Some people go grab a burger, others make a quick appt.  I've had three dentist appts and a doctor appt in the past 2 weeks and my boss doesn't care at all b/c I'm careful to schedule it around my meetings and regular breaks.  If I didn't tell him ahead of time I'd be gone, he'd never even notice.

badrap

Is she the first person who has been pregnant in your office or is she being singled out?

She's actually the 2nd. The first girl who i was very good friends with, got pregnant shortly after she was hired, there was no FMLA issues at all, they didnt track anything. Then a year after the first was born, she got pregnant again and this made our bosses boss mad, so she set out to seek out any way to dock her, so they made this big deal of tracking her time off and really stressed the girl out and she ended up on early bed rest and then quit anyway becuz of the way she was treated. So fast forward a year and a half and now this girl is pregnant, she is not liked either and she just told them today she was pregnant and they've already started tracking her hour she missed from work today for an appointment. My boss told me today that it might be different if they thought it would be a normal pregnancy. The girl is 41 and it's assumed it will be high risk. To be honest if it was another person in the department, they wouldnt be doing this, but there is no way to prove it. I told my boss today that they shouldn't be so stressful to her becuz this is exciting for them and the babies care is most important, so she says, well it was her choice to get pregnant. I flat out said, that is a horrible attitude to have. Boss or not, that's not right and I had to speak up. I think the fact that she told me about someone elses medical condition (the girl hasnt told anyone yet) is warrant enough for a problem but i know it will never be pursued. It really makes me wonder if I should find another job before I even think about getting pregnant.

It's not just a horrible attitude, it may not be a legal one.

 I suggest that your co-worker finds a good lawyer.  There is no reason to do what they're doing other than the fact that they don't want people who work there to get pregnant.

Unfortunately, I think your work's "loose" policy about tracking time off may actually be making this whole thing worse....

jenn52

I was wondering if any of you knew about how FMLA should work.  In my office, we are all salaried, no overtime or hourly anything, we have unlimited sick time/doctor visits.  You don't get deducted for that stuff.  ...

If they are that lenient at the workplace, seem like FMLA should really be an issue?  One could schedule prenatal care doctor visits and such around work hours (before/after) and days off if possible.  I think the spirit and intent of FMLA comes after the birth so the mother can stay home for the consecutive 12 weeks to be with her baby (it works for dads too, they are entitled to FMLA).  Then there are the other reason mentioned one could use FMLA (sick child, parent, etc.).  The employer must retain the job for the individual during the time period.

Being you mentioned unlimited sick time not sure why it would be an issue, unless there is something about this person you do not know but your employers do know.  Maybe she has a history of 'stirring the pot' and causing trouble in regards to legal stuff at other jobs prior that you are unaware.  If she is leaving work now consistently and saying FMLA prior to delivery chalking up 12 weeks of time out, then after the baby comes prepared to take an additional 12 weeks...well, people will take advantage and employers do need to have to be careful in regards to the legal stuff.

CC

cc431

If they are that lenient at the workplace, seem like FMLA should really be an issue?  One could schedule prenatal care doctor visits and such around work hours (before/after) and days off if possible. 

This is exactly what I think, CC. I never missed work due to a prenatal appt. They were made around my work schedule. Occasionally I did leave early or suddenly due to nausea...but my actual doc's appt's never took work time. I wonder why her's are? If she is having a difficult or high risk pregnancy then she should have her doc write something up for her....but there's no reason they shouldn't log the time, IMO.