for which I had to pay the company back for taking time off.
I.. what? How is that even legal?
SURE I WILL TAKE YOUR UNPAID LEAVE REQUEST.
MANAGER OF BB HERE IS BB'S UNPAID LEAVE REQUEST.
DOES NOT COMPUTE. WORKER CANNOT TAKE UNPAID LEAVE.
DOES NOT COMPUTE. WORKER CANNOT ...
PTO DAYS OF JAN 2-4 APPROVED. THANK YOU FOR MAKING A SIMPLE COMPUTER VERY HAPPY.
Under the regulations, an employee may choose to substitute accrued paid leave for unpaid FMLA leave if the employee complies with the terms and conditions of the employer's applicable paid leave policy. The regulations also clarify that substituting paid leave for unpaid FMLA leave means that the two types of leave run concurrently, with the employee receiving pay pursuant to the paid leave policy and receiving protection for the leave under the FMLA. If the employee does not choose to substitute applicable accrued paid leave, the employer may require the employee to do so.
A) Employees may use sick leave or other forms of paid leave to which they are entitled under the collective bargaining agreement in conjunction with the FMLA. However, an employee who is on an approved FMLA leave and is receiving short or long term disability benefits will not be required to use or exhaust sick leave
F) A parent shall be granted a leave of absence up to twelve (12) weeks to care for a new baby under the Oregon Family Leave Act (OFLA). Such leave can be less than twelve (12) weeks, if so requested by the employee, or at the discretion of management more than twelve (12) weeks, depending on the needs of the university. During the period of parental leave, the employee is entitled to use accrued vacation leave, compensatory time, leave without pay, or consistent with Bureau of Labor and Industries (BOLI) regulations, sick leave.
Her employer is actually running up against a serious potential legal issue by allowing her to work AT ALL during her FMLA time off, whether she's salaried or hourly.
Does an employee have to take leave all at once or can it be taken periodically or to reduce the employee's schedule?
When it is medically necessary, employees may take FMLA leave intermittently - taking leave in separate blocks of time for a single qualifying reason - or on a reduced leave schedule - reducing the employee's usual weekly or daily work schedule. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer's operation.
Leave to care for or bond with a newborn child or for a newly placed adopted or foster child may only be taken intermittently with the employer's approval and must conclude within 12 months after the birth or placement.
An employee is not required to use accrued PTO while the 12-week FMLA clock is running *unless* stated in their employer's FMLA leave/PTO policy.
Substitution of Paid Leave
Employees may choose to use, or employers may require the employee to use, accrued paid leave to cover some or all of the FMLA leave taken. Employees may choose, or employers may require, the substitution of accrued paid vacation or personal leave for any of the situations covered by FMLA. The substitution of accrued sick or family leave is limited by the employer's policies governing the use of such leave.
§825.302 Employee notice requirements for foreseeable FMLA leave.
(a) Timing of notice. An employee must provide the employer at least 30 days advance notice before FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, planned medical treatment for a serious health condition of the employee or of a family member, or the planned medical treatment for a serious injury or illness of a covered servicemember. If 30 days notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable
§825.304 Employee failure to provide notice.
b) Foreseeable leave—30 days. When the need for FMLA leave is foreseeable at least 30 days in advance and an employee fails to give timely advance notice with no reasonable excuse, the employer may delay FMLA coverage until 30 days after the date the employee provides notice. The need for leave and the approximate date leave would be taken must have been clearly foreseeable to the employee 30 days in advance of the leave.
HRL: You didn’t ask about leave! Why didn’t you ask your department HR person?
Me: That would be me.
I had spent years commiserating with people online about FMLA issues, but I never once thought I would be among them. Right then and there, on my kitchen floor, I understood with absolute clarity why women quit their jobs after having kids. I will never, ever question it again.
... acronym-obsessed HR types
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