One-Year Anniversary in the Middle of a Leave
HRanna
40 Posts
What do I do when an empoloyee's 12-month anniversary comes in the middle of a medical leave? When they started the leave, they were not eligible for FMLA. After the "anniversary" do I change their leave to FMLA?
Comments
Our employees do not accrue additional time off in any month that they do not work at all. Our policies would not support starting FMLA in the middle of a non-FMLA medical leave. I wouldn't recognize the one-year anniversary until/unless the employee returns to work after the leave.
To insure you aren't setting a precedent you won't want to live with later on, think about your least favorite employee. Would you want to give them this benefit under similar circumstances?
I agree that the employee would be immediately eligible upon reaching the anniversary of their first day taken the prior rolling year, but only IF they have worked 1250 hours in the past 12 months, not necessarily "since the first day they were on your payroll" as Popeye indicated. They may have first gone on your payroll 15 years ago and may not have actually worked in a year or so. Then they would NOT be eligible.
The Act requires that you allow the leave at the point at which they become eligible, which may not necessarily be prior to or on the inception date of the absence. Look at it the same as you would an employee who has been with you 11.75 months, working consistently, who suddenly is off for medical reasons and is being retained under your leave policies. Then .25 months into that leave, he is suddenly eligible for and should be placed on FML because he's now got 12 months of employment with you.