Legal Question in Medical Leave in Pennsylvania
Fmla
If an employee had been approved for FMLA in 04/07, returned to work in 06/07, used approximately 10 weeks of a contract negotiated 16 weeks of eligible FMLA leave, and now in 11/07 needs additional FMLA leave for the same serious condition, ... Is she entitled to get the additional 6 weeks of leave until she reaches 16 weeks up until 04/08? Does she need to reapply and can they deny her because upon re-application she doesn't meet the 1250 hours? (Of course she wouldn't because she was on leave.)
1 Answer from Attorneys
Re: Fmla
You asked about FMLA leave.
Employers are left to their own devices to determine how to calculate FMLA leave. The policy must be established and enforced the same as to all employees.
The accumulation of time (1250 hours) must be accumulated before the leave is requested (e.g. a full-time employee must be employed for a approximately 8 months).
An employee may take up to 12 weeks of leave (by statute) in any 12 month period. Employers may calculate 12 months either by the calendar year, from the date of the first day of leave or by another date uniformly established across the enterprise.
The 1250 hours rule is meant to differentiate between new employees and long term employees, not between employees of similar seniority.
If you have problems getting FMLA leave approved contact your union rep or an attorney immediately.
Regards,
Roger
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