FMLA - can you pick & choose whom you will offer the benefit
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Anonymous
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What do you all make of this situation?
Can an employer pick and choose who they offer FMLA benefits to - if they have employees that do not meet the requirements of the 50 employees within a 50 mile radius? I'm due to go out on maternity leave in January and was just told by my HR department that they were unsure if they would honor FMLA for me because I don't work for one of our offices that has 50 employees within a 50 mile radius. I find this to be a bit shitty since I know they've honored this for other employees for other offices that don't meet the logistical requirement. It seems to me this should be an all or nothing scenario. If they've honored FMLA for others, and they don't for me, would I have recourse? You can't just pick and choose who you want the benefit to apply to, can you? HR is telling me they will let me know next week if I am covered. I am just baffled. Either I am or I'm not. I'm a FT employee and I've been with the company over 12 months. I meet all other requirements. We don't have maternity leave so I am not covered in any other way. |
Anonymous
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I just pulled it up and it's 50 employees within 75 miles.
If you don't meet those requirements then you're not eligible for FMLA and your employer and maternity and other leave can be at your employers discretion. Which sucks. Maybe they're trying to me nice and seiner they offer FMLA at the larger offices to offer it to the smaller ones too. Maybe your HR is just clueless or it's never come up before. |
Anonymous
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Companies look for every possible way to screw employees. Always. And especially if their employee is pregnant.
You can always sue if you want to ruin your career and never work again. |
Anonymous
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So they can offer it to other people that don't meet the requirement at their discretion?
That sucks for sure! It's definitely come up - I'm an outside sales rep & we have 100 reps that don't meet the 50 employees within 75 miles criteria. They've offered it to a few of my colleagues that didn't live anywhere close to an office. It seems to me it should be all or nothing. If they make an exemption for one they should make it for all. I guess that isn't the case. |
Anonymous
| OP here, to add - I really like my job - a lot. And I plan on returning after I have the baby. I just want to have a job to go back to! |
Anonymous
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If there's some distinguishing factor between you and the other person that looks discriminatory --- like they'll give it to people of one race and not another -- then you might have a claim. Or, if you have a binding personnel poicy or contract that mentions the leave without mentioning the eligibility requirements, you might be able to enforce that. Otherwise you're probably out of luck.
They may agree to give you unpaid leave on a non-precedential basis, without calling it FMLA leave, just so that they don't create more legal problems for themselves. Don't get too hung up on what it's called, if they are willing to hold the job for you. |
Anonymous
| Also, companies sometimes don't realize/care about the special rules for sales reps. If you have no fixed office, you are considered to work at the site from which your work is assigned or to which you report (not where you actually live). |
Anonymous
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You are out luck, OP.
If there is no legal requirement and nothing in their policies that explicitly address your situation, there is nothing you can do. |
Anonymous
Do you qualify for short term disability? That should get you at least 6 weeks. Does your DH qualify for FMLA? |
Anonymous
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My small employer gave one employee fully-paid maternity leave and gave me unpaid (the policy) because she was a single mother, and I am married. I think the assumption was I wasn't coming back, but she didn't have a choice.
The woman who got paid leave quit six months later, married her boyfriend and became a SAHM. I am still working there (but actively looking now that the baby is 18 months and I feel like I can be a good employee again). There's nothing you can do. |
Anonymous
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OP here - thank you all for your help.
I'm not a minority so that's not if any help. No short term disability. My husband does qualify for FMLA but I'm not sure how that will help me - I'm having a csection and I'm worried about being well enough to physically return to work in 4 weeks, which is what it sounds like they are willing to give me to hold my job. This is so screwed up. I can't believe women deal with this in this day and age. |
Anonymous
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Wow, that is barbaric
can you bring the baby to work? Just say baby is too young for day care |
Anonymous
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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. |
Anonymous
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. |
Anonymous
Is it standard policy that employees are not told? Or that they find out information like this when they are 7 months pregnant? |