Employee doesn't want FMLA - quick response appreciated
njjel
1,235 Posts
If I recall correctly, once an employer knows that an employee is taking leave for a serious health condition, they must place the employee on FMLA (either paid or unpaid per company policy). Please tell me if I'm wrong. I have an employee who states that they do not want to use FMLA leave for the birth of their child. They want to use their accrued 4 weeks of sick time and then go n short term disability and "save" their FMLA 12 weeks in case something else happens down the road.
Comments
It's a pain, but in this case you will be glad you did.
Are you up to counting it by either the rolling 12 month period or the calendar year? We are changing from the calender year (sadly misinformed previous HR director) to the rolling 12 month period.
Zanne
Thanks
Calendar year: Probably easier to administer. You would count the 12 weeks allotment for employees during a Jan to Dec (or other standard 12 month period such as a fiscal year) period. Downside: An employee who goes on FMLA in October could then use up his 12 weeks to the end of December, and beginning January 1, start another 12 weeks of FMLA. You would be on the hook for the health premiums and not filling the job during those 24 weeks.
Rolling 12 month period: Harder to administer. When an employee is starting an FMLA - we "look back" 12 months to see if they have taken any other FMLA time. If they have, we subtract that from their 12 week allotment. If they haven't, then they are entitled to their 12 weeks. (Of course if they qualify for it, yada, yada, yada.)
Hope that helps.
Zanne
[url]http://www.state.nj.us/lps/dcr/law.html#FLA[/url]
How does the NJFLA relate to the federal Family and Medical Leave Act?
Like the NJFLA, federal Family and Medical Leave Act (FMLA) also provides time off from work in connection with the birth or adoption of a child or the serious illness of a parent, child or spouse. When an employee takes a leave for a purpose covered by both the FMLA and the NJFLA, the leave simultaneously counts against the employee's entitlement under both laws.
The FMLA provides time off from work due to an employee's own disability, while the NJFLA does not provide covered employees with leave for their own disabilities. Thus, even though an employee may utilize all of his or her allotted time under the federal FMLA due to his or her disability, the employee may subsequently be entitled to time off under the NJFLA in connection with the birth or adoption of a child or the serious illness of a parent, child or spouse.
The FMLA provides up to twelve weeks in a 12-month period, rather than a 24-month period as provided in the NJFLA