FMLA - can you pick & choose whom you will offer the benefit

[Anonymous]

Where are you located? If you are in DC, the threshold is 20 employees. HR often thinks of the federal requirements but often there are state FMLA requirements that are less arduous.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:See 29 CFR 825.11. What office do you receive direction from?

HR gets the specifics on fmla wrong all the time, because they never bother to read the regs.

This poster is correct. If you receive your assignments from an office of more than 50 employees you would be covered. If you receive your assignments from an office of less than 50 ees within 75 miles you are not automatically covered. The other women you mention may have reported into larger offices.

Is it standard policy that employees are not told? Or that they find out information like this when they are 7 months pregnant?

Not told what, exactly? Look, no one cares about you or your leave, CERTAINLY not the HR ladies, although your manager may be willing to advocate for you. The "we're not sure, we will tell you eventually" is classic HR bullshit. You have to be proactive and know your rights.

[Anonymous]

Do you know if your employer has granted unpaid leave to any male employees? For instance, if your work has granted leave to a man for knee surgery or something, but denies maternity leave, you might have an argument of gender discrimination. Also check out state employment laws, which can sometimes offer more protection than federal law.

[Anonymous]

OP here:
I report out of our NY office which has 1,000 employees. The sales team all reports out of this office.
I notified HR that I was pregnant at 12 weeks and was told they wouldn't schedule a call to discuss leave with me until I entered my third trimester. I've been proactive in scheduling the call, they're the ones not responding.

[Anonymous]

Anonymous wrote:OP here:
I report out of our NY office which has 1,000 employees. The sales team all reports out of this office.
I notified HR that I was pregnant at 12 weeks and was told they wouldn't schedule a call to discuss leave with me until I entered my third trimester. I've been proactive in scheduling the call, they're the ones not responding.

Op, I'm 22:28. Your company have 5 days to inform you of your rights under FMLA (which includes whether or not you are covered). I realize you said that the HR person said they would get back to you, but on Monday I would send them an email stating your anticipated due date is X date and that you would like to be informed of your FMLA rights. I would also recommend reading the DOL FAQs on FMLA. While you should not have to tell your Company's HR team your rights, you may have to strongly advocate for yourself. I frequently see my peers get the rules around the reporting location wrong so if they tell you that you are not covered, you should push back that your work is directed from an office of over 1,000 employees no you have worked more than 1,000 hours over the last 12 months. You are covered unless they can articulate exactly why you are not.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP here:
I report out of our NY office which has 1,000 employees. The sales team all reports out of this office.
I notified HR that I was pregnant at 12 weeks and was told they wouldn't schedule a call to discuss leave with me until I entered my third trimester. I've been proactive in scheduling the call, they're the ones not responding.

Op, I'm 22:28. Your company have 5 days to inform you of your rights under FMLA (which includes whether or not you are covered). I realize you said that the HR person said they would get back to you, but on Monday I would send them an email stating your anticipated due date is X date and that you would like to be informed of your FMLA rights. I would also recommend reading the DOL FAQs on FMLA. While you should not have to tell your Company's HR team your rights, you may have to strongly advocate for yourself. I frequently see my peers get the rules around the reporting location wrong so if they tell you that you are not covered, you should push back that your work is directed from an office of over 1,000 employees no you have worked more than 1,000 hours over the last 12 months. You are covered unless they can articulate exactly why you are not.

OP here - thank you so much! I will send an email first thing tomorrow morning. And I will read the DOL FAQ's today so that I am prepared. I just want to be have a job to return to - we depend on my income & I really do like my job, despite this debacle.