PSA on DC FMLA
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Anonymous
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When I learned I had to go on bed rest I hired a lawyer to help me determine what I was entitled to and was VERY suprised (as was my employer) to learn that:
* In DC a company only needs to have 20 (not 50) employees to be under FMLA policy. * In DC an employee is entitled to up to 16 weeks of medical AND 16 weeks of family leave in a 24 month period as opposed to the federal policy of 12 weeks total in a 12 month period. (This entitles me to 16 weeks bedrest and 16 weeks maternity leave). 
* In DC an employer can not require you to use your accrued paid leave during your FMLA. You cna mutually decide to do so but it cannot be forced upon you. * In DC an employer must continue to pay its typical portion of your health insurance premiums throughout your enire FMLA. (For me a total of 32 weeks). I'm SO grateful for these progressive laws but just a little bit bitter that I had to pay an attorney $1,000 to learn what they are and educate my emloyer accordingly. I want t scream these laws from the rooftops so that other people know their rights. If anyone is particularly interested in these policies and proof let me know and I can dig up some links. |
Anonymous
| Definitely please do include links! |
Anonymous
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http://www.dol.gov/esa/whd/state/fmla/dc.htm http://www.dcbar.org/for_lawyers/sections/labor_and_employment_law/fmla01.cfm www.nationalpartnership.org/site/DocServer/StatesandunpaidFMLLaws.pdf?docID=968 - A couple more things: * Men are covered too. * If you don't use up your med leave before the birth you can probably use that after birth for the length of time your Dr. says you must be out for recovery and then begin your 16 weeks of family leave after that. For example, if you have a c-section and your dr. says you can't return to work for 7 weeks and you meet DC FMLA requirements you will be entitled to take 23 weeks after your bundle of joy is born. |
Anonymous
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Just to clarify... The OP is talking about the DCFMLA (D.C. Family and Medical Leave Act), which applies to people working in DC (provided they meet the other eligibility requirements). She is correct that for DC workers, the DCFMLA is MORE GENEROUS (in most aspects) than the Federal FMLA.
But, federal government workers be warned: the DCFMLA does not apply to you. You are only entitled to the protections of the FEDERAL FMLA. But, I'm glad you posted the links OP... I think many DC working women don't realize there is a DCFMLA. |
Anonymous
| Question: Why are Federal workers not covered by the DC FMLA? |
Anonymous
| The Federal FMLA takes precedence. I found this out the hard way. |
Anonymous
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OP here - The poster who wrote that this applies to DC workers only is correct. My company has offices internationally but my office is in DC, qualifying me for DC FMLA. I did not know whether or not federal workers who work in DC were eligable for DCFMLA. That is disappointing that they don't.
Please do pass the info I posted as far and wide as possible. I find it crazy that I needed to educate both DC HR and headquarters HR of my company on the policy and essentially help them rewrite the employee manual. None of my (well educated) friends were aware of these laws either. Essentially, they are laws going to waste. |
Anonymous
Yes but federal FMLA takes precedence ONLY for federal workers. If you are working for a DC office or a company in DC and otherwise qualify, DC FMLA takes precedence. |
Anonymous
Exactly. As a general rule, a worker is entitled to the "better" deal (as between their Federal FMLA rights, or their "state" FMLA law). Unless you are a federal worker. Then you are only entitled to the federal law protection. |
Anonymous
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What if your company is in DC and you work there, but you live in Maryland. Does that matter?
I know this is probably a stupid question, but I am curious. |
Anonymous
| Doesn't matter where you live, only where you work. |
Anonymous
| Bump |
Anonymous
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OP - I am very surprised that the folks in your HR dept. didn't go over this with you. Did you ask the HR personnel for clarification on FMLA (especially since DC is a little bit different than Federal)?
I know my HR point of contact was super helpful and sent me a certified letter outlining all the "entitlements", exactly what dates (pending the baby's birth) I would have to return, the dates I would be covered for, etc. |
Anonymous
Yes/No it may depend on where your company's headquarters are. I work in downtown DC, but the corporate office are out in SF. I don't think DC FMLA would apply to me. |
Anonymous
| It does apply to you. Doesn't matter where the corporate HQ is. |