FMLA - switching offices, but not agencies

[Anonymous]

Does anyone know whether I would qualify for FMLA leave if I switch offices, but stay within the same federal agency? In other words, if I work for HHS, but move from FDA to NIH, would I still qualify as having worked for the same employer for the 12 months prior to my child's birth?

The statute is rather unclear on this to me and I would appreciate any insight. Many thanks.

[Anonymous]

I switched agencies and still qualified - with a 9 month absence from the government in between agencies. I started at my new agency already 5 months pregnant.

[Anonymous]

Anonymous wrote:I switched agencies and still qualified - with a 9 month absence from the government in between agencies. I started at my new agency already 5 months pregnant.

OP here. Thanks for the response. Do you know for sure you "qualified" and not just that the employer was generous?

[Anonymous]

your employer is actually the federal government, so there's no break in service if you switch from one office to another. 5 C.F.R. 630.1201, 5 USC 6301(2)

congratulations.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I switched agencies and still qualified - with a 9 month absence from the government in between agencies. I started at my new agency already 5 months pregnant.

OP here. Thanks for the response. Do you know for sure you "qualified" and not just that the employer was generous?

Not sure, but they specifically asked me to confirm that I was in federal service before for the purpose of FMLA. Although, I might assume that most federal agencies would be good with maternity leave.

[Anonymous]

Its my understanding that you could even switch cabinet level departments (like HHS to Agriculture) and still be eligible for FMLA. There would be no break in service.

[Anonymous]

Anonymous wrote:Its my understanding that you could even switch cabinet level departments (like HHS to Agriculture) and still be eligible for FMLA. There would be no break in service.

You're right. It's because the employer is the federal government. So long as you stay employed by the federal government, you're fine.

[Anonymous]

It goes by work location. Your worksite must have at least 50 employees and you must meet the other criteria as well.

[Anonymous]

It goes by work location. Your worksite must have at least 50 employees and you must meet the other criteria as well.

Was this meant to be helpful? The federal government clearly has at least 50 employees

You should be fine, but make sure to confirm this with your receiving HR office. If you retain sick, annual, and retirement, I can't see why this would be any different.

[Anonymous]

Anonymous wrote:

It goes by work location. Your worksite must have at least 50 employees and you must meet the other criteria as well.

Was this meant to be helpful? The federal government clearly has at least 50 employees

Not pp, but if you read carefully you'll see pp said "worksite"- if for some reason your official duty station had less than 50 employees there might well be FMLA issues (I dunno when that would come up though, maybe for a forest ranger).

[Anonymous]

Earlier poster is right, once you've met the initial time in service for FMLA as a federal employee, switching agencies, offices, etc. has no impact on FMLA eligibility when there's no break in service.

[Anonymous]

Anonymous wrote:Earlier poster is right, once you've met the initial time in service for FMLA as a federal employee, switching agencies, offices, etc. has no impact on FMLA eligibility when there's no break in service.

I had a 9 month break inservice and am still eligible after only 6 months in my new agency/position.

[Anonymous]

I am switching from one Fed agency to another and everything transfers: years of service, medical leave, sick leave, FMLA coverage, absolutely everything. When you set the release date from one agency to another, that's when each agency acknowledges you have the same employer - the Fed govt - and thus you are officially covered. Nothing generous about it. Also why an agency can make you stick around for four weeks after you give notice, instead of two weeks, b/c you are transferring within one employer.